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Full-Text Articles in Law
Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford
Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
California recently passed legislation that creates retroactive, descendible rights of publicity. The New York State Assembly is poised to enact similar legislation. Legal recognition of postmortem rights of publicity permits a decedent's named beneficiaries or heirs to control (and financially benefit from) use of a deceased personality's image and likeness. Legislators, proponents of these laws, and legal commentators have overlooked two significant federal estate tax consequences of these new state law property rights. First, a descendible right of publicity likely will be included in a decedent's gross estate for federal estate tax purposes. Second, the estate tax value of rights …
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …
Regulating Municipal Separate Storm Sewer Systems, Alexandra Dapolito Dunn
Regulating Municipal Separate Storm Sewer Systems, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon
Real Estate Law Review: Creating A Local Environmental Law Program, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Local governments are adopting with increasing frequency local laws to facilitate low-impact development, ensure the construction of green buildings, and coordinate land use and transportation planning to lower greenhouse gas emissions. This builds on their progress over the past two decades in adopting an impressive number of local laws to protect natural resources. These include ordinances designed to protect trees, stands of timber, hillsides, viewsheds, ridgelines, stream beds, wetlands, watersheds, aquifers and water bodies, and wildlife habitat. At the same time, provisions designed to protect environmental features from the adverse impacts of development have been added to basic land use …
In Praise Of Parochialism: The Advent Of Local Environmental Law, John R. Nolon
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 …
Introduction: Considering The Trend Toward Local Environmental Law, John R. Nolon
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 …
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Grassroots Regionalism Through Intermunicipal Land Use Compacts, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The question raised by this article is whether these statutes and this experience provide an opportunity to develop an effective regional approach fitted to the great diversity of New York's regions. It examines first the role local governments play in determining land use and then the statutes that authorize municipalities to cooperate with respect to land use planning and control. The article traces the use of this authority through two phases of evolution revealing ever more complex and potentially effective intermunicipal strategies. It ends with some thoughts as to how the state government could facilitate effective regional processes by providing …
Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. Part I articulates the problem by exploring the role of the city and its part in institutional reform. The first section explains what is meant by local autonomy. The second section examines what constitutes institutional reform. The third section discusses an example of the clash between local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. Part II examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and …
The Erosion Of Home Rule Through The Emergence Of State-Interests In Land Use Control, John R. Nolon
The Erosion Of Home Rule Through The Emergence Of State-Interests In Land Use Control, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The conventional wisdom is that New York's failure to adopt a comprehensive state-wide land use system is due to reluctance of the state legislature to diminish local control of land use. The purpose of this article is to explore that assumption as part of a larger examination of the proper course of land law reform in New York. The case and statutory law that have developed since the experiences of the early 1970s indicate that local “home rule” authority is neither a legal nor a political barrier to effective land use legislation in the broader state interest. Part II briefly …
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Shattering The Myth Of Municipal Impotence: The Authority Of Local Government To Create Affordable Housing, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In the absence of any guidance from the legislature, local officials, in confronting the problem of affordable housing, look to the courts to define the extent of their responsibility and power. While not providing specific direction, the New York Court of Appeals has clearly outlawed zoning designed to exclude affordable housing. The judiciary has voiced doubts, however, that municipal governments can, through zoning alone, require the development of affordable housing. The view that municipalities lack such power is erroneous. Zoning alone is competent to induce such development. Furthermore, local governments have considerable additional power to induce the creation of such …
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Expanding Traditional Land Use Authority Through Environmental Legislation: The Regulation Of Affordable Housing, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article is devoted to an examination of local land use regulation in the context of the use of SEQRA and its mandate, to mitigate environmental impacts to require the provision of affordable housing in high cost housing markets. As such, it looks at one contemporary manifestation of the growth of police power authority to meet new land use challenges.
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
A Comparative Analysis Of New Jersey's Mount Laurel Cases With The Berenson Cases In New York, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Due to the widespread concern over the lack of affordable housing in New York, renewed interest has been expressed in the landmark case of Berenson v. Town of New Castle. That case and an associated line of decisions define the legal rules that will be used by the courts in New York to decide whether municipal zoning unconstitutionally excludes affordable types of housing. Interest has been piqued further by two recent lower court cases in New York which differ greatly in their approach to defining the legal standards to be used in reviewing allegedly exclusionary land use practices.
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Seqra's Siblings: Precedents From Little Nepa's In The Sister States, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The technique of environmental impact assessment has emerged as the principal regulatory tool for assuring that each person acts "so that due consideration is given to preventing environmental damage." Just as the National Environmental Policy Act (NEPA) requires that each of the federal government's agencies assure that its decisions will be environmentally sound, so have many of the various states decreed that their agencies and political subdivisions shall maximize environmental protection.
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Historic Preservation Law: The Metes & Bounds Of A New Field, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Historic Preservation Law has come to mean that combination of regulations, common-law property principles, tax incentives, and adjective law in administrative proceedings, governing historic sites and property within the United States. Although Congress first recognized a need to conserve the nation's wealth of historic amenities in 1906 when it adopted The Antiquities Act, it was only with the nation's bicentennial that the volume and diversity of laws designed to maintain, protect and preserve historic America grew to the point where it could be said that a new field of law had emerged. The symposium which follows this essay represents the …
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that of citizen enforcement and the judicial consequences of such a development. Illustrative of the emergent role of courts in enforcing citizens' claims are the areas of historic preservation, noise regulation, and the use of environmental impact statements.
Drinking Water Regulation, Nicholas A. Robinson
Drinking Water Regulation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.