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Series

Pace University

2002

Articles 1 - 28 of 28

Full-Text Articles in Law

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon Dec 2002

Smart Growth: Intermunicipal Innovation In Orange County, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article tells the story of the town of Warwick, a rapidly developing town in Orange County, New York, made up of three separate villages. Warwick’s proactive measures to prevent the sprawl development phenomenon through the use of an intermunicipal compact was met with much opposition by the three individual village governments, as well as individual citizens. Through the use of mediation, a popular alternative resolution dispute method, representatives from the villages negotiated an intermunicpal plan that satisfied the needs all three villages, while still meeting the original objectives of preserving open space, scenic views, and agricultural lands.

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Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon Oct 2002

Performance Zoning: Shaping Land Development Patterns Today, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Over thirty years ago The United States Court of Appeals upheld municipal efforts to control growth in the case Golden v. Ramapo. Since then, municipalities have come up with novel tools to harness development into sustainable patterns while mitigating damaging effects of sprawl. This article focuses on the renaissance of one popular land use device, performance zoning, and how the Town of Hyde Park uses this tool to promote growth in community centers and protect undeveloped areas.

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The Truth About Jobs For J.D.S, Gary A. Munneke Sep 2002

The Truth About Jobs For J.D.S, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

In an excerpt from the latest book in theABA Career Series, the author reminds law students to open themselves to a variety of employment possibilities.

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'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon Aug 2002

'Golden' Anniversary: 30-Year-Old Decision Is Fabric Of Land Use Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The famous New York case of Golden v. Ramapo helped create the movement towards smart growth thirty years ago. Ramapo, like most other towns in New York struggled with the familiar quandary of how to balance the pressures of absorbing growth while still controlling urban sprawl. Ramapo’s solution, to greatly reduce development in its jurisdiction for eighteen years in order to research more efficient development methods, sparked much controversy with local land owners. The United States Court of Appeals, in one of New York’s most significant contributions to smart growth, upheld Ramapo’s plan and created a groundbreaking precedent still widely …

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'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon Jun 2002

'Tahoe' Case: When Environmental Regulations Go 'Too Far', John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article reviews a recently decided United States Supreme Court case which held that a thirty-two month moratorium on development did not constitute a taking per se. The Court, building on logic from other recent decisions, found that moratoria are an effective land use tool, which prevent inefficient land development and consequently lead to increased land value. This article analyzes the court’s decision to hold that moratoria are never takings per se, instead holding that a court shall perform an ad hoc analysis to determine a moratorium’s constitutionality.

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Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke May 2002

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, toward practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers everywhere. Recent events involving Enron Corporation and the Arthur Andersen accounting firm have raised new questions about the efficacy of these emerging trends and remind lawyers that these issues retain their currency.

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Collaborating On Environmental Conservation, John R. Nolon Apr 2002

Collaborating On Environmental Conservation, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Development law, local laws and policy that influence private land developers to appropriately develop land, affect the concerns of several groups including, private developers, municipalities, and environmentalists. By promoting environmental principles and revoking local regulatory obstacles, local governments can help encourage cooperation among these groups. This article highlights the success many New York communities have experienced in accommodating population growth while still reducing taxes and providing protection for the natural environment.

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Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford Apr 2002

Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …

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Disney In Asia, Again, Raymond H. Lopez Mar 2002

Disney In Asia, Again, Raymond H. Lopez

Case Studies

This case covers business strategies and financial concepts related to an international investment decision by one of the most well-known global public companies. The Walt Disney Company management team has decided on expansion of its theme park operations onto the Asian mainland. After years of exhaustive study, they have narrowed the decision down to two potential sites, Shanghai and Hong Kong. Analysis of data in the case should enable students to forecast revenues, expenses, and pro forma financial statements for operations at each location. Using discounted cash flow techniques, they should be able to calculate net present values (NPV'S) for …

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Environmental Law Of Armed Conflict, Nada Al-Duaij Jan 2002

Environmental Law Of Armed Conflict, Nada Al-Duaij

Dissertations & Theses

This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool …

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Securities Analysts' Undisclosed Conflicts Of Interest: Unfair Dealing Or Securities Fraud?, Jill I. Gross Jan 2002

Securities Analysts' Undisclosed Conflicts Of Interest: Unfair Dealing Or Securities Fraud?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This article addresses recent regulatory efforts to proscribe undisclosed conflicts of interest beyond mere scalping, including ownership interests in recommended securities, and the compensation connection between analysts and investment bankers within a firm. Part III of this article traces the history of prior cases imposing liability on industry participants, including investment advisers, analysts and others, for failing to disclose their conflicts of interest when recommending securities. Part IV of this article then examines the question of whether analysts have any civil liability to those relying on their recommendations for failure to disclose actual or potential conflicts of interest. Finally, the …

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"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein Jan 2002

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

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A Generational History Of Environmental Law And Its Grand Themes: A Near Decade Of Garrison Lectures, Jeffrey G. Miller Jan 2002

A Generational History Of Environmental Law And Its Grand Themes: A Near Decade Of Garrison Lectures, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

I have been privileged to hear, enjoy and learn from the talks of each of our Garrison Lecturers during the last eight years, as well as our discussions with them here today. In preparation for my duties as a summarizer, I studied their talks, printed in our Pace Environmental Law Review. I was delighted to find that the body of their commentary is far more than the sum of its parts. Together our lecturers take us on a grand journey through the history of modern environmental law, its heroes and villains, its accomplishments and its weaknesses. Together they sound all …

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Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell Jan 2002

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

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Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard Jan 2002

Take Courage: What The Courts Can Do To Improve The Delivery Of Criminal Defense Services, Adele Bernhard

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Renewable Energy Sources For Development, Richard L. Ottinger Jan 2002

Renewable Energy Sources For Development, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Renewable energy resources hold great promise for meeting the energy and development needs of countries throughout the world. This promise is particularly strong for developing countries where many regions have not yet committed to fossil fuel dominance. Solar photovoltaic and solar thermal technologies are particularly advantageous for serving the two billion people in rural areas without grid electricity. Modern biomass energy is attractive because it uses locally available agricultural wastes. Wind energy and small hydroelectric resources also are mature technologies well suited to developing countries. Such renewable resources are far more economical than traditional energy resources, especially where the costs …

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Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson Jan 2002

Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental management has emerged as an important element of governance in practically every nation. This was not the case before the United Nations convened the 1972 Conference on the Human Environment in Stockholm. After Stockholm, nations learned to build environmental ministries and work across sectors nationally, and discovered how difficult it is to reshape entrenched national practices in order to curb pollution and conserve natural resources. With growing experience and knowledge, nations came to realize that no one government alone could safeguard the environment, and that international cooperation would need to be enhanced.

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In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon Jan 2002

In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explains the role that local governments have assumed in protecting the environment, explores the means by which they have obtained their authority to do so, and discusses how this enhanced municipal role should influence environmental and land use policy at the federal and state level. Part II reviews federal efforts to control nonpoint source pollution, and identifies the constraints on federal action. Among these constraints is the national understanding that the power to control the private use of land is a state prerogative, one that has been delegated, in most states, to local governments. Part III describes how …

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Justice Denied? The Adjudication Of Extradition Applications, Ann Powers Jan 2002

Justice Denied? The Adjudication Of Extradition Applications, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …

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The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman Jan 2002

The Legality And Constitutionality Of The President's Authority To Initiate An Invasion Of Iraq, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Graduation Remarks, Jay C. Carlisle Jan 2002

Graduation Remarks, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Graduation remarks at the 23d graduation ceremony of the Pace University School of Law on May 20, 2001.

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Witness Coaching By Prosecutors, Bennett L. Gershman Jan 2002

Witness Coaching By Prosecutors, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Given its controversial nature, one would expect the practice and ethics of witness coaching to have attracted close scrutiny by courts and commentators. Interestingly, however, the subject has received relatively modest attention. A handful of judicial and ethics opinions have discussed superficially the subject of witness preparation and coaching. Practitioner manuals typically offer general guidance on how to prepare witnesses, and occasionally address tactical and ethical issues involved in coaching. Scholarly commentary has examined the ethical limits of witness preparation, particularly by differentiating acceptable techniques from improper techniques, which promote false or misleading testimony. In addition, popular culture occasionally has …

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Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon Jan 2002

Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

In this symposium issue of the Pace Environmental Law Review we take a close look at the advent of local environmental law. With the editors of the Review and a number of distinguished scholars and practitioners, we define what this new field is and consider what it means for public policy and the practice of law. The intent of this issue is to invite lawyers, scholars, practitioners, legislators, regulators, students, and citizen leaders to consider this burgeoning new field: local environmental law. It is my task to introduce the reader to the field and frame the issues for its further …

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Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson Jan 2002

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

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Dean's Foreword, David S. Cohen Jan 2002

Dean's Foreword, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This issue of the Pace Environmental Law Review contains a description of this emerging field of law and the response of the academic and legal community to it. As Professor Nolon reports in his introduction, we found eloquent coherence in these laws and saw how they fit together to form a comprehensive whole. We examined state statutes that authorized local governments to adopt environmental laws and discovered that they were diverse in nature but prevalent in many states. We also found state court decisions that upheld local environmental laws against the challenges of regulated property owners. We were troubled by …

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Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin Jan 2002

Dying Twice: Conditions On New York's Death Row, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

In 1995 New York State revived the death penalty as a punishment for certain categories of murder, and established a “death row” for condemned men at the Clinton Correctional Facility in Dannemora, New York (variously, “Clinton” or the “Prison”). Four years later, in October 1999, two committees of the Association of the Bar of the City of New York (the “Association”) joined together to study the conditions of confinement on this death row--or, as it is officially called, the Unit for Condemned Persons (the “UCP”). These committees--the Committee on Corrections and the Committee on Capital Punishment--formed a joint subcommittee (the …

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Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn Jan 2002

Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross Jan 2002

Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

What is the current role of the law in securities arbitration? Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may, in fact, fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not …

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