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Articles 1 - 30 of 96
Full-Text Articles in Law
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.
The Case For Collaborative Tools, Lucie Olejnikova
The Case For Collaborative Tools, Lucie Olejnikova
Elisabeth Haub School of Law Faculty Publications
This article shares our experiences and outlines how we used free online collaborative tools to make the long distance seem short. This article also discusses the advantages and disadvantages of long-distance collaboration and how to apply the same tools and principles to a variety of work settings, such as law firms, firm libraries, court libraries, public libraries, and academic libraries. In addition, we mention the psycho-sociological aspects of a long-distance, Web-based communication, as well as its impact on project administration and budget.
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process, and …
Electronically Manufactured Law, Katrina Fischer Kuh
Electronically Manufactured Law, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article seeks to strengthen the case for the academy and the legal profession to pay heed to the consequences of the shift to electronic research, primarily by employing cognitive psychology to guide predictions about the impacts of the shift and, thereby, address a perceived credibility gap. This credibility gap arises from the difficulty and imprecision in postulating how changes in the research process translate into changes in researcher behavior and research outcomes. Applying principles of cognitive psychology to compare the print and electronic research processes provides an analytical basis for connecting changes in the research process with changes in …
The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman
The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman
Pace Law Review
No abstract provided.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
Pace Law Review
No abstract provided.
Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming
Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming
Pace Law Review
No abstract provided.
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz
Pace Law Review
No abstract provided.
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Pace Law Review
No abstract provided.
Down But Not Out: How School Districts May Utilize Race-Conscious Student Assignments In The Wake Of Parents Involved In Community Schools V. Seattle School District No. 1, Michael A. Stevens
Down But Not Out: How School Districts May Utilize Race-Conscious Student Assignments In The Wake Of Parents Involved In Community Schools V. Seattle School District No. 1, Michael A. Stevens
Pace Law Review
No abstract provided.
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini
Pace Law Review
No abstract provided.
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.
How Low Can You Go? Some Consequences Of Substituting A Lower Afr Note For A Higher Afr Note, Bridget J. Crawford
How Low Can You Go? Some Consequences Of Substituting A Lower Afr Note For A Higher Afr Note, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
Instead of paying off a high-interest-rate note to a family member with cash or with non-cash assets that might result in the recognition of gain, it appears possible for a borrower to issue a new note at the lower current AFR and substitute it for the old note, without adverse tax consequences. Intrafamilial arrangements labeled as loans have long invited special scrutiny from the IRS. In some cases, the Service has successfully established that the arrangement was not a loan but another type of transfer, such as a gift. In the wake of several IRS victories in cases where somewhat …
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the country.
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.
Consent To Harm, Vera Bergelson
Victims And The Significance Of Causing Harm, Guyora Binder
Victims And The Significance Of Causing Harm, Guyora Binder
Pace Law Review
No abstract provided.
Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa
Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa
Pace Law Review
No abstract provided.
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa
Pace Law Review
No abstract provided.
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher
Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher
Pace Law Review
No abstract provided.
Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez
Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez
Pace Law Review
No abstract provided.
Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno
Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno
Pace Law Review
No abstract provided.
Child Pornography's Forgotten Victims, Audrey Rogers
Child Pornography's Forgotten Victims, Audrey Rogers
Pace Law Review
No abstract provided.
Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez
Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez
Pace Law Review
No abstract provided.
The Ideal Victim, Leo Zaibert
Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke
Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
What are the personal management skills that lawyers need to possess (or develop, as the case may be), here is a short list: organization, time management, financial management, facility with technology, people skills, an ability to communicate, personal marketing skills and career skills. Although future columns will add flesh to the bones of these personal management skills, a skeletal overview may help to understand what this article is talking about.
New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson
New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson
Pace Law Review
No abstract provided.
Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia
Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia
Pace Law Review
No abstract provided.
Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas
Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas
Pace Environmental Law Review
No abstract provided.
Brief For Industry Plaintiffs - Appellants: Twentieth Annual Pace National Environmental Law Moot Court Competition, James Holder, Stephanie Rocha
Brief For Industry Plaintiffs - Appellants: Twentieth Annual Pace National Environmental Law Moot Court Competition, James Holder, Stephanie Rocha
Pace Environmental Law Review
No abstract provided.