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Full-Text Articles in Law
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Mommy Dearest: Determining Parental Rights And Enforceability Of Surrogacy Agreements, William J. Giacomo, Angela Dibiasi
Pace Law Review
The governing law in this area is new and evolving and, as such, the allocation of the legal rights and responsibilities depend on which state has jurisdiction over the matter. This article will discuss the basic types of surrogacy agreements and examine the legal distinctions of their enforceability under New York and California law.
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Unequal Access To Justice: Solla V. Berlin And The Unprincipled Evisceration Of New York’S Eaja, Armen H. Merjian
Pace Law Review
Solla is noteworthy not merely in light of the baleful effects of its ruling, but because of its reasoning: it is categorically wrong. The decision wholly elides a cornerstone and settled principle of New York welfare law, namely, that in the administration of public assistance, the municipalities act as the agents of the State, while blatantly violating the most fundamental of agency principles, namely, that a principal is vicariously liable for the actions of its agent acting within the scope of its authority. Indeed, this principal/agent relationship is established both by statute and by decades of uniform state and federal …
Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne
Riio To Rev: What U.S. Power Reform Should Learn From The U.K., Heather Payne
Pace Law Review
After discussing the recent history of and need for regulatory reform in the U.K., this article will summarize the RIIO framework and analyze the three parts best suited for import into the regulatory frameworks of American states. Specifically, the article will evaluate how a performance-based framework with (1) longer rate cases, (2) proportionate assessment, and (3) a focus on total expenditures limiting regulatory asset value, should positively influence the U.S. regulatory landscape. While RIIO is only used for transmission and distribution in the U.K., there is a potential for its performance-based approach to be used in generation as well as …
When Are The People Ready? The Interplay Between Facial Sufficiency And Readiness Under Cpl Section 30.30, John H. Wilson
When Are The People Ready? The Interplay Between Facial Sufficiency And Readiness Under Cpl Section 30.30, John H. Wilson
Pace Law Review
In this article, we will explore the intersecting concepts of conversion, facial sufficiency, and readiness. As we shall see, readiness for trial does not necessarily follow from the conversion of a complaint and dismissal on CPL section 30.30 grounds does not necessarily follow from a finding of facial insufficiency.
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Mixing Law And Equity Causes Of Action Does Not Preclude A Jury Trial, Philip M. Halpern
Pace Law Review
This article addresses the issue of the preclusion of jury trials in actions which contemplate both legal and equitable relief. Part II of this article addresses the constitutional and statutory history of New York Civil Practice Law and Rules (“CPLR”) Section 4101 concerning issues triable by a jury and the dichotomy between those actions triable by a jury and equitable actions triable by the court alone. Part III of this article addresses the interplay between CPLR Sections 4101 and 4102, concerning demand and waiver of trial by jury, and the analysis developed by the courts to determine whether a jury …
A Dangerous Situation – The Knowing Transmission Of Hiv In An Out-Of-Body Form And Whether New York Should Criminally Punish Those Who Commit Such An Act, Griffin C. Kenyon
A Dangerous Situation – The Knowing Transmission Of Hiv In An Out-Of-Body Form And Whether New York Should Criminally Punish Those Who Commit Such An Act, Griffin C. Kenyon
Pace Law Review
In June 2013 the New York State Court of Appeals held that the saliva of a defendant afflicted with the Human Immunodeficiency Virus ("HIV”) does not constitute a dangerous instrument so as to support a conviction for aggravated assault. Despite this holding, the question remains whether the administration of HIV in an out-of-body form to another individual qualifies for dangerous instrument treatment so as to subject greater criminal liability under the New York State Penal Law (“Penal Law”). Another question remains – should New York punish those who knowingly transmit HIV to another individual? If so, should the punishment be …