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Recent Developments, Daisy C. Karlson 2017 University of Arkansas, Fayetteville

Recent Developments, Daisy C. Karlson

Arkansas Law Review

No abstract provided.


Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry 2017 University of Arkansas, Fayetteville

Arkansas Open Carry: Understanding Law Enforcement’S Legal Capability Under A Difficult Statute, J. Harrison Berry

Arkansas Law Review

“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”1 Although the United States Supreme Court in District of Columbia v. Heller established a fundamental understanding that individuals have a right to own a gun for personal use, the Court recognized that, as with all fundamental rights, the individual right to keep and bear arms is “not unlimited.”2 A few limits the Court mentioned included “prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the ...


Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson 2017 Drexel University

Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson

Arkansas Law Review

In 2006, Jim Ryan, then a law professor, now dean of Harvard University’s School of Education, published A Constitutional Right to Preschool, a seminal article that argued that courts should require states to fund public preschools as a means of abiding by their constitutional obligations to provide all children adequate educational opportunities. Though very few courts have ever imposed such a requirement, and all but one of these rulings have been eliminated on appeal, Ryan noted the political popularity of universal preschool and a growing trend among states to provide free pre-kindergarten as grounds for optimism that courts might ...


A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena 2017 Seattle University School of Law

A Constitutional Critique On The Criminalization Of Panhandling In Washington State, Drew Sena

Seattle University Law Review

Individuals who have lost everything—their homes, jobs, and dignity—are often forced to live on the street. Those with no reasonable alternative can find themselves relying on the generosity of others just to survive. In response, citizens petition, legislatures enact, and officers enforce laws that criminalize signs of visible poverty. Municipalities have made considerable attempts to remove visible poverty from their cities by drafting legislation that disproportionately punishes people experiencing homelessness. This Note focuses on a particular subset of such legislation, laws that criminalize panhandling. Section I of this Note provides an overview of the First Amendment and the ...


Taking Notes In School (Committee): Cyr V. Madawaska, Blethen V. Portland School Committee, And The Public's Right To Know, Benjamin J. Tucker 2017 University of Maine School of Law

Taking Notes In School (Committee): Cyr V. Madawaska, Blethen V. Portland School Committee, And The Public's Right To Know, Benjamin J. Tucker

Maine Law Review

In 2007, the Maine Supreme Judicial Court, sitting as the Law Court, decided Cyr v. Madawaska School Department, and recently decided Blethen Maine Newspapers Inc. v. Portland School Committee. These decisions will guide the actions and behavior of municipal, school department, and elected officials in Maine, and will also affect public access to information under Maine’s broad “right to know” law, the Freedom of Access Act (FOAA). In Cyr, a split court held that an investigative report commissioned by the Madawaska School Department must be redacted to maintain the confidentiality of information relating to the personal history, general character ...


Does The End Justify The Means? The Clumsy And Circuitous Logic Of Blood Test Admissibility In Criminal Prosecutions In State V. Cormier, Kyle T. MacDonald 2017 University of Maine School of Law

Does The End Justify The Means? The Clumsy And Circuitous Logic Of Blood Test Admissibility In Criminal Prosecutions In State V. Cormier, Kyle T. Macdonald

Maine Law Review

In State v. Cormier, the Maine Supreme Judicial Court, sitting as the Law Court, was asked to determine whether a Maine statute requiring law enforcement officers to test the blood of all drivers for intoxicants following a fatal motor vehicle collision violates the Fourth Amendment of the United States Constitution when the operation of the statute allows for the admission of those blood test results in a future criminal trial of the driver. In determining that the procedures of title 29-A, section 2522 of the Maine Revised Statutes are not violative of the Fourth Amendment, the Law Court effectively confirmed ...


Permissive Statute Of Limitation Policies, Francis S. Ainsa 2017 St. John's University School of Law

Permissive Statute Of Limitation Policies, Francis S. Ainsa

The Catholic Lawyer

No abstract provided.


Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental and Energy Law Section 2017 Pace University

Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section

Pace Law Review

The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.


Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson 2017 Elisabeth Haub School of Law at Pace University

Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson

Pace Law Review

The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article ...


Subnational Environmental Constitutionalism And Reform In New York State, James R. May 2017 Widener University, Delaware Law School

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

Pace Law Review

The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s charter.

This article has three parts. Part I provides a primer to the field of subnational environmental constitutionalism. Part II explores the opportunities ...


Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger 2017 Proskauer Rose LLP

Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger

Pace Law Review

This article is intended to provide a practical lens into how Home Rule issues unfold in complex matters involving the City, and to suggest how a much-needed Home Rule constitutional amendment could re-shape or, at the very least, clarify Home Rule standards. Section II will provide some historical and legal background on Home Rule; Section III will analyze some of the more well-known Home Rule cases that the Law Department litigated during the Bloomberg Administration; and Section IV will discuss insights gleaned with respect to, and will offer several recommendations for, the future of Home Rule in New York.


The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock 2017 Elisabeth Haub School of Law at Pace University

The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock

Pace Law Review

In November 2017, voters in New York, for the first time in twenty years, will be asked to decide whether there “[s]hall be a convention to revise the constitution and amend the same?” If it is decided by the electorate to call a convention, “delegates will be elected in November 2018, and the convention will convene in April 2019.” One of the significant goals of a convention would be the achievement of court merger in the Empire State. The purpose of this perspective is to discuss the pros and cons of a constitutional convention with an emphasis on court ...


The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman 2017 Latham & Watkins LLP

The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman

Pace Law Review

This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.


Constitutionalizing Ethics, Bennett L. Gershman 2017 Elisabeth Haub School of Law at Pace University

Constitutionalizing Ethics, Bennett L. Gershman

Pace Law Review

The purpose of this essay is not to weigh in the wisdom or utility in revising New York’s Constitution. However, in my opinion, one of the most compelling reasons to amend New York’s Constitution is the need to incorporate into the fundamental charter a meaningful code of ethics, including procedures for its enforcement, and sanctions for violations. New York over the past fifteen years has experienced more scandals, criminal prosecutions, and convictions of lawmakers and other government officials for corruption than any state in the nation. It is certainly arguable that the extent of New York’s corruption ...


Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie 2017 Canisius College

Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie

Pace Law Review

The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.


The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin 2017 Benjamin Center at SUNY New Paltz

The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin

Pace Law Review

The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to ...


Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg 2017 Greenberg Traurig, LLP

Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg

Pace Law Review

On November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law.


City Of Helena V. Community Of Rimini, Molly M. Kelly 2017 Alexander Blewett III School of Law at the University of Montana

City Of Helena V. Community Of Rimini, Molly M. Kelly

Public Land and Resources Law Review

After twenty years of adjudication, the Montana Supreme Court affirmed the City of Helena’s right to 13.75 cfs from Ten Mile Creek, the city’s primary water source. The Court found a statute allowing cities and municipalities to exercise water rights that have gone through extended periods of nonuse did not need a retroactive clause.


Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson 2017 Elisabeth Haub School of Law at Pace University

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Pace Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom 2017 Alexander Blewett III School of Law at the University of Montana

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


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