Law Commons^™

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …

Slides: Survey Of State Sampling And Monitoring Rules, Kathryn Mutz, Josh Kruger

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenters: Kathryn Mutz and Josh Kruger, Natural Resources Law Center, University of Colorado Law School

7 slides

Slides: Research On Ground Water Monitoring, Matt Samelson

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation

12 slides

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.

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

Martin A. Schwartz

No abstract provided.

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’S Perspective, Lauren Ludvigsen

Elisabeth Haub School of Law Student Publications

It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe …

Federal Governmental Power: Preemption From The October 2008 Term, Eileen Kaufman

Touro Law Review

In a stunning trifecta, the Supreme Court ruled in favor of consumers and held that federal law did not preempt state consumer claims. The three cases concerned patients injured by drugs, smokers misled by false advertising, and borrowers victimized by predatory lending practices. These cases represent the latest battle in the ongoing war between consumer advocates and business entities over whether federal laws should be interpreted to erect barriers against state consumer protection laws.

Wyeth v. Levine raised the issue of whether approval of a drug by the F.D.A. preempts a state tort claim based on failure to warn. Altria …

The Decline Of The Confrontation Clause In New York - People V. Encarnacion, Anthony Fasano

Touro Law Review

No abstract provided.

An Unappealing Decision For New York Dwi Defendants - People V. Pealer, Christopher Gavin

Touro Law Review

No abstract provided.

Eavesdropping Under New York And Federal Law: How New York Is Departing From Long-Standing Interpretations Mirroring Federal Law - People V. Rabb, Bailey Ince

Touro Law Review

No abstract provided.

Turn-Coat Disclosure: The Importance Of Following Procedure - Turturro V. City Of New York, Brittany A. Fiorenza

Touro Law Review

No abstract provided.

New York’S Grant Of Greater Fifth Amendment Rights To Sexual Predators In Somta Proceedings - New York V. Suggs, Lina R. Carbuccia

Touro Law Review

No abstract provided.

Roving Border Patrols In New York – Sometimes The Drug Smuggler Does Not Get Convicted: The Legal Limitations Regarding Vehicle Stops And Consent Searches Based Upon Reasonable Suspicion - People V. Banisadr, Robert Mitchell

Touro Law Review

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.

Search And Seizure: New York Vs. Federal Approach - People V. Keita, Tillie S. Mirman

Touro Law Review

No abstract provided.

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

Patricia E. Salkin

No abstract provided.

Farming Alone? What’S Up With The ‘‘C’’ In Community Supported Agriculture, Antoinette Pole, Margaret Gray

Department of Political Science and Law Faculty Scholarship and Creative Works

This study reconsiders the purported benefits of community found in Community Supported Agriculture (CSA). Using an online survey of members who belong to CSAs in New York, between November and December 2010, we assess members’ reasons for joining a CSA, and their perceptions of community within their CSA and beyond. A total of 565 CSA members responded to the survey. Results show an overwhelming majority of members joined their CSA for fresh, local, organic produce, while few respondents joined their CSA to build community, meet like-minded individuals or share financial risk with farmers. Members reported that they do not derive …

Incomplete Protection: Exoneration Clauses In New York Trusts And Powers Of Attorney, Ilene S. Cooper, Robert M. Harper

Touro Law Review

No abstract provided.

Occupy Wall Street: A Movement In The Making, Hannah G. Kaneck

Senior Theses and Projects

It has changed the landscape of America in just the last eight months. Cries of “We are the 99%” fill the air. People are angry. Many will argue for years to come what the occupation has actually done for American society, politics and culture. It is clear though that things are changing. A precipice has been reached and it does not seem that those truly devoted to changing the system will back away quietly. Over the last 28 weeks I have read countless articles and interviews of occupiers from all over the world who have converged on Zuccotti Park in …

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.

Increasing Consumer Involvement In Medicaid Nursing Facility Reimbursement: Lessons From New York And Minnesota, Edward M. Miller, Cynthia Rudder

Office of Community Partnerships Posters

This project identified the facts about Nursing Facility Reimbursement by Medicaid in the states of New York and Minnesota. The results of this project are as follows: Medicaid is the main purchaser of nursing home (NH) care in the United States; States design their methods of reimbursing NHs to achieve desired policy objectives; Few consumers or resident advocates have been involved in the development or modification of state methods for reimbursing NHs; Lack of consumer involvement has resulted in payment systems that favor industry and government interests at the expense of issues important to residents and families.

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

Scholarly Works

No abstract provided.

Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.

Combating Liquorlining: State Controlled Alcohol Distribution Increases Public Welfare For Low Income African Americans, Daivy P. Dambreville

Daivy P Dambreville

One consideration that has not been raised during the persistent debates over alcohol regulation in Pennsylvania is the potential effect that a paradigm switch would have on low income minority communities – in particular, the African American community which makes up the largest percentage of low income inhabitants in Pennsylvania. Low income African American communities are particularly susceptible to legislative changes to liquor laws because they often lack the social and political power to lobby for policies that favor their particular considerations. Moreover, research on issues that disproportionally affect African Americans throughout the United States, such as unusually high levels …

Same-Sex Married Debtors May File A Joint Petition For Bankruptcy, Jennifer Arcarola

Bankruptcy Research Library

(Excerpt)

Legally married couples may file a petition for bankruptcy jointly under section 302(a) of the Bankruptcy Code (“the Code”). The choice to file jointly is limited to only include married spouses, excluding partners and people in civil unions. Across virtually all jurisdictions, courts have explicitly rejected joint filings under section 302(a) filed by unmarried debtors. For example, an adult child cannot file for bankruptcy jointly with a parent, nor can a cohabiting unmarried couple file together. While the Bankruptcy Code does not purport to define who may qualify as a married couple, the Defense of Marriage Act (“DOMA”) does, …

Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe

Legal History Publications

BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable …

Infringement On Civil Liberties After 9/11, Donna Lieberman

NYLS Law Review

No abstract provided.

Reflections On Juvenile Justice Reform In New York, Jeremy Travis

NYLS Law Review

No abstract provided.

Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter

NYLS Law Review

No abstract provided.