Law Commons^™

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

Scholarly Works

No abstract provided.

Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

This article will discuss recent developments in long-arm jurisdiction under CPLR section 302 and two related New York Court of Appeals decisions. Specifically, the article will address Fischbarg v. Doucet, which presents the court's expansive view of long-arm jurisdiction in light of recent technological developments, and Ehrenfeld v. Mahfouz, in which the court's decision to limit long-arm jurisdiction was rejected by subsequent legislation, signaling a more expansive application of CPLR 302 in the future.

Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle

Pace Law Review

No abstract provided.

What's An Intimate Relationship, Anyway? Expanding Access To The New York State Family Courts For Civil Orders Of Protection, Jennifer Cranstoun, Christopher O'Connor, Tracey Alter

Pace Law Review

No abstract provided.

The Rebate "Rip-Off": New York's Legislative Responses To Common Consumer Rebate Complaints, Matthew A. Edwards

Pace Law Review

No abstract provided.

Being Green Doesn't Need To Be Taxing: How New York State Law Is A Vanguard For Using Green Infrastructure, Keith J. Jones

Pace Law Review

No abstract provided.

Monopoly Pricing On Campus: New York's Textbook Access Act, Gary Minda

Pace Law Review

No abstract provided.

Modernization Of New York's Land Use Laws Continues To Meet Growing Challenges Of Sustainability, Patricia E. Salkin, Jessica A. Bacher

Pace Law Review

No abstract provided.

Should New York Courts Hear Certified Questions From The Securities And Exchange Commission?, Verity Winship

Pace Law Review

No abstract provided.

Case Analysis Of In Re Atlantic Gulf Comtys. Corp., Meagan Mahar

Bankruptcy Research Library

(Excerpt)

In In re Atlantic Gulf Comtys. Corp., a Delaware Bankruptcy Court applied New York law to both equitable and legal arguments made by the debtor, holding that funds in an escrow account created by the debtor were not property of the debtor’s estate. 369 B.R. 156, 164–65 (Bankr. D. Del. 2007). First, this memo will examine the two opposing legal and equitable arguments made by the parties, with each relying on different theories of characterizing the debtor’s interest in escrow accounts as they have evolved throughout New York caselaw. Second, it will analyze the contingency argument made by the …

Tuck-It-Away Associates, L.P. V. Empire State Development Corp., Kelly D. Fisher

NYLS Law Review

No abstract provided.

The Niesig And Nlra Union: A Revised Standard For Identifying High-Level Employees For Ex Parte Interviews, Bran C. Noonan

NYLS Law Review

No abstract provided.

Ascertaining The Burden Of Proof For An Award For Punitive Damages In New York? Consult Your Local Appellate Division, Leon D. Lazer, John R. Higgitt

Touro Law Review

No abstract provided.

Dean’S Message, Lawrence Raful

Touro Law Review

No abstract provided.

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

Scholarly Works

Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references …

Barack Obama, Margarita Lopez Torres, And The Path To Nomination, Ellen D. Katz

Articles

Operating within these regimes, Obama was able to mount a credible--and ultimately successful--challenge to the leadership's choice for the nomination while Lopez Torres could not. This article offers an explanation why. It argues that Obama succeeded where Lopez Torres failed because the nomination process Obama traversed was more penetrable and more contestable than the one Lopez Torres faced.

Withdrawal: The Roberts Court And The Retreat From Election Law, Ellen D. Katz

Articles

Last Term the Supreme Court handed down four decisions that upheld diverse efforts by state governments to regulate the electoral process. The Court turned back challenges to New York’s method for nominating judicial candidates, Washington’s modified blanket primary system, Indiana’s voter identification requirement, and Alabama’s use of gubernatorial appointment to fill county commission vacancies in Mobile County. Unlike other recent election decisions, these were not close cases. All nine Justices supported the New York holding, while supermajorities voted in favor of the result in the others. This consensus, moreover, emerged even as the Court voted to reverse unanimous decisions by …

State Bar Task Force: 22 New York Actions To Address Climate Change, Michael B. Gerrard

Faculty Scholarship

The new Obama administration is reversing eight years of federal refusal to take mandatory action to address climate change. However, the lower levels of government will continue to play central roles. States and municipalities are the principal regulators of building construction, land use, and electric utilities; they are major users of goods and services that generate greenhouse gases (GHGs) – and they have other key roles.

To see how New York can better contribute to these efforts, in 2008 Bernice K. Leber, president of the New York State Bar Association, convened a Task Force on Global Warming. Its 12 members …