Law Commons^™

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Jeffrey Bellin

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Lisa T. Alexander

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin

Christopher Serkin

This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.

Subnational Environmental Constitutionalism And Reform In New York State, James R. May

James R. May

Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci

Patricia E. Salkin

Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …

The New York Limited Liability Company Law At Twenty: Past, Present & Future, Meredith R. Miller

Meredith R. Miller

The New York Limited Liability Company Law (“LLC Law”) has turned 20. This occasion presents an opportunity to reflect on its past, present and future.

Some Aspects Of Joinder Of Causes, Edward Q. Carr

Edward R. Carr

No abstract provided.

The New York State Bar Exam By The Issue, Suzanne Darrow Kleinhaus, Myra Berman, John Cooney

Myra Berman

This book tells you how to use it to pass the New York bar exam. It presents every issue tested on the exam essays for the past 10 years in a concise chart, identifies the frequency with which these issues have been tested, and provides a rule of law for every identified issue. The paragraphs of law track the released NY essays and show how to tailor a paragraph of law to respond to the issue in the question. This book is unique in its detailed attention to the New York essays, providing a comprehensive resource for that portion of …

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.

To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Dean’S Message, Lawrence Raful

Lawrence Raful

No abstract provided.

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Peter Zablotsky

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Rodger Citron

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.

Engaging Deliberative Democracy At The Grassroots: Prioritizing The Effects Of The Fiscal Crisis In New York At The Local Government Level, Patricia E. Salkin, Charles Gottlieb

Patricia E. Salkin

Part I of this Article discusses many of the factors contributing to the fiscal crisis at the local level in New York including historic decreases in federal and state revenue sharing, the imposition of a new property tax cap, the failure of New York to address meaningfully the subject of unfunded mandates on local governments, and the dependency of some local jurisdictions on the timely adoption of a state budget. Part II discusses concepts of deliberative democracy and how local residents might be engaged to become partners with local officials in making difficult fiscal decisions that impact all community residents. …

New York Zoning Law And Practice, 4th Edition, Patricia Salkin

Patricia E. Salkin

This resource discusses the creation and enforcement of state zoning regulations, including organizational and substantive changes and updates. All phases of zoning, planning, subdivision control, and the evolution of land-use controls are covered with respect to administrative and judicial considerations. Hundreds of cases noted in previous annual supplements have been integrated into the text, as well as new chapters on issues impacting the field. Includes extensive forms, zoning definitions, ordinance and charter provisions, and web sites of interest to land-use lawyers.

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Patricia E. Salkin

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …

Ethics In Land Use: Using Ethical Allegations As A Sword Rather Than A Shield, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

New York Zoning Law And Practice Report, Patricia Salkin

Patricia E. Salkin

This bimonthly newsletter examines developments in zoning law and practice in New York. Each issue features an article detailing a trend or development in zoning and planning law. The article is often followed by summaries of recent federal or state court decisions relating to zoning or planning law.

Did Congress Intend For Corporations To Benefit From The Mvra? A Look At The Legislative History Of The Mandatory Victims Restitution Act Of 1996 And The Courts’ Application Of The Mvra To Corporations, Leslie M. Villacis

Leslie M. Villacis

This paper reflects upon the legislative interpretation of the Mandatory Victims Restitution Act of 1996 as well as the differing interpretations of the federal statute by numerous courts across the United States in order to explore whether there was a Congressional intent for corporations to benefit from the statute. The paper begins this discussion by introducing the MVRA's most recent application by the Southern District Court of New York in United States v. Gupta.

The Outcome Of Impasse Procedures In New York Schools Under The Taylor Law, John E. Drotning, David B. Lipsky

David B Lipsky

The effectiveness of New York’s Taylor Law, and of the Public Employment Relations Board established under it, may be measured in a number of ways. One is to see whether it does, in fact, eliminate strikes of public employees. Another is to compare the results of mediation and fact-finding under the Board’s auspices with settlements arrived at without intervention of PERB. The authors, who are engaged in a broad study of the latter kind, present some of their findings as they relate to the public school system during 1969 and 1970.

Trial Evidence 2011: Advocacy, Analysis, & Illustrations, Martin A. Schwartz, Deborah Jones Merritt, William G. Young

Martin A. Schwartz

No abstract provided.

Sale Of Goods Contract Not To Be Performed Within A Year: Is The Uniform Commercial Code Statute Of Frauds Provision Exclusive?, Sidney Kwestel

Sidney Kwestel

No abstract provided.

Affordable Housing: Update On Federal And State Activities, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Richard Daniel Klein

No abstract provided.

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Richard Daniel Klein

No abstract provided.

The New York State Bar Exam By The Issue, Suzanne Darrow Kleinhaus, Myra Berman, John Cooney

Suzanne Darrow Kleinhaus

This book tells you how to use it to pass the New York bar exam. It presents every issue tested on the exam essays for the past 10 years in a concise chart, identifies the frequency with which these issues have been tested, and provides a rule of law for every identified issue. The paragraphs of law track the released NY essays and show how to tailor a paragraph of law to respond to the issue in the question. This book is unique in its detailed attention to the New York essays, providing a comprehensive resource for that portion of …

Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn

Richard Daniel Klein

No abstract provided.

Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, And The New York Emergency Rent Laws Of 1920: A Case Study In The Role Of Jewish Lawyers And Jewish Law In Early Twentieth Century Public Interest Litigation, Samuel J. Levine

Samuel J. Levine

In this Article, Levine examines the litigation surrounding the New York Emergency Rent Laws of 1920. In particular, he focuses upon a series of cases litigated by two of the most prominent Jewish lawyers in United States in the first half of the twentieth century: Louis Marshall and Julius Henry Cohen. Among other notable aspects of the litigation, the cases reached the New York Court of Appeals and the United States Supreme Court, which at that time included two of the most eminent jurists in the history of the United States, Judge Benjamin N. Cardozo and Justice Oliver Wendell Holmes, …

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis

Peter L. Davis

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …