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Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza 2017 Boston College Law School

Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza

Boston College Environmental Affairs Law Review

The practice of hydraulic fracturing, more commonly known as fracking, risks a number of dangerous environmental consequences. Notably, fracking operations can contaminate the underlying water table. Contamination of groundwater can disrupt the access of a nearby property to both potable drinking water and viable commercial irrigation. Usually, when a fracking operation results in this kind of groundwater contamination, affected plaintiffs sue the operator of the rig. This Note proposes that similarly situated plaintiffs also name a new defendant in these actions: the state agency that granted the fracking permit. The governmental actor could bear liability under a constitutional theory of ...


The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro 2017 Seton Hall University School of Law

The House Advantage: How The Professional And Amateur Sports Protection Act Undermines Concepts Of Federalism, And Severely Impacts New Jersey's Gambling-Feuled Economy, Anthony D'Alessandro

Seton Hall Circuit Review

No abstract provided.


Failing Cities And The Red Queen Phenomenon, Samir D. Parikh, Zhaochen He 2017 Lewis & Clark Law School

Failing Cities And The Red Queen Phenomenon, Samir D. Parikh, Zhaochen He

Boston College Law Review

Cities and counties are failing. Unfunded liabilities for retirees’ healthcare benefits aggregate to more than $1 trillion. Pension systems are underfunded by as much as $4.4 trillion. Many local government capital structures ensure rising costs and declining revenues, the precursors to service-delivery insolvency. These governments are experiencing the Red Queen phenomenon. They have tried a dizzying number of remedies, but their dire situation persists unchanged. State legislatures have failed to respond. More specifically, many states have refused to implement meaningful debt restructuring mechanisms for local governments. They argue that giving cities and counties the power to potentially impair bond ...


Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė 2017 Seattle University School of Law

Priority Of Condominium Associations’ Assessment Liens Vis–À–Vis Mortgages: Navigating In The Super-Priority Lien Jurisdictions, Aušra Gaigalaitė

Seattle University Law Review

This Note will discuss the issues concerning laws regulating lien priority in association foreclosure sales and argue that lenders, because they are in the best position to do so, should implement proactive strategies to protect their interests in association foreclosures. Part I provides an overview of uniform law development and a history of Washington’s governing laws with a focus on recent problems relating to association lien priority. Part II presents analysis of the important court decisions applying the lien priority statute and discussion regarding current and proposed Washington law. Finally, Part III discusses potential solutions lenders should implement to ...


The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely 2017 Seattle University School of Law

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.


The Story So Far: Recap And Update On Flo & Eddie, Eric Harbeson 2017 University of Colorado at Boulder

The Story So Far: Recap And Update On Flo & Eddie, Eric Harbeson

American Music Research Center Faculty Contributions

Reviews recent developments in the ongoing litigation of Mark Volman and Howard Kaylan (aka Flo & Eddie) against digital streaming two digital streaming services, Sirius XM and Pandora. Through pro bono counsel, ARSC has participated in the litigation as amici. The article reports promising developments: the case in New York has been concluded in favor of Sirius XM, while the litigation continues in Florida and California.


Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden 2017 New York Law School

Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden

Rooftops Project

In a conversation with Kelly Padden and Professor James Hagy of The Rooftops Project, Jon Denham and Paul Wolf reflect on their experiences with not-for-profit projects across mission types to draw lessons about creativity in locating and securing permanent space in one of the world’s most expensive real estate markets.


Profiles - Rosie's Theater Kids, James Hagy, Frank Loffreno 2017 New York Law School

Profiles - Rosie's Theater Kids, James Hagy, Frank Loffreno

Rooftops Project

What started out as a single dance and song class in a borrowed New York City public school lunchroom has evolved into programming that touches the lives of students across all five New York City boroughs in a dedicated building near the heart of the Broadway theater district. The Rooftops Project’s Frank Loffreno and Professor James Hagy visit with Rosie’s Theater Kids cofounder and Artistic and Executive Director Lori Klinger and Director of Advancement Lindsay Miserandino at the Maravel Arts Center in New York’s Midtown West neighborhood.


Profiles - The Sammons Center, James Hagy, Brenda Alejo 2017 New York Law School

Profiles - The Sammons Center, James Hagy, Brenda Alejo

Rooftops Project

A historic but disused water pumping station, sited between active freeways, became an early and enduringly successful innovator in mission-centered notfor- profit supportive space for the arts. Brenda Alejo and Professor James Hagy of The Rooftops Project talk with Joanna St. Angelo, Executive Director of the Sammons Center for the Arts in Dallas, Texas.


Perspectives - Bms Building Management Systems, James Hagy, Frank Loffreno 2017 New York Law School

Perspectives - Bms Building Management Systems, James Hagy, Frank Loffreno

Rooftops Project

How can not-for-profit organizations better prepare themselves to launch and sustain effective relationships with their outside janitorial, security, and maintenance service providers? Mike Doherty, President and CEO of BMS Building Management Services, and members of his New York City team consider these themes with Frank Loffreno and Professor James Hagy of The Rooftops Project.


Profiles - Barrier Free Living, James Hagy, Christopher Whalen 2017 New York Law School

Profiles - Barrier Free Living, James Hagy, Christopher Whalen

Rooftops Project

What if you were homeless, a victim of domestic violence, and perhaps were also struggling with physical or mental disabilities? Where would you go? Christopher Whalen and Professor James Hagy of The Rooftops Project visit with Paul Feuerstein, founder, President, and CEO of Barrier Free Living, which has served these needs in New York City through a unique program established almost 40 years ago.


Perspectives - Wework, James Hagy, Stephen Caracappa 2017 New York Law School

Perspectives - Wework, James Hagy, Stephen Caracappa

Rooftops Project

While the concept of executive office suites has existed for decades, in recent years innovations have emerged seeking to provide a broader range of services and a sense of community combined with affordability and flexibility. Stephen Caracappa and Professor James Hagy of The Rooftops Project talk with WeWork executives David Fano and Mark Lapidus (Class of 2012) about the company’s business model, space concept and design, and the applications for not-for-profit organizations.


Perspectives - 120 Wall Street, James Hagy, Alison Snyder 2017 New York Law School

Perspectives - 120 Wall Street, James Hagy, Alison Snyder

Rooftops Project

Through a decades-long collaboration with the city and state, not-for-profit tenants occupy office space in a landmarked structure in the heart of Wall Street with the unusual advantage of no real estate taxes. The Rooftop Project’s Alison Snyder and Professor James Hagy interview Jeremy Moss and Camille McGratty of Silverstein Properties at the iconic 120 Wall Street building in lower Manhattan.


Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss 2017 New York Law School

Perspectives - David Samuels And Themes Karalis Of Duval & Stachenfeld Llp, James Hagy, Jordan Moss

Rooftops Project

Federal and state law can impose compliance requirements affecting both disposing of and transacting in real estate by not-for-profit organizations. In a dialogue with The Rooftop Project’s Jordan Moss and Professor James Hagy, David Samuels and Themes Karalis of the law firm Duval & Stachenfeld illustrate situations, including some unique to New York law and regulation, in which compliance and care are warranted.


Regulating Fantasy Sports: A Practical Guide To State Gambling Laws, And A Proposed Framework For Future State Legislation, Marc Edelman 2017 Baruch College, Zicklin School of Business

Regulating Fantasy Sports: A Practical Guide To State Gambling Laws, And A Proposed Framework For Future State Legislation, Marc Edelman

Indiana Law Journal

In recent months, the legal status of fantasy sports has undergone intense scrutiny, with the attorneys general of many states contending that certain formats of daily fantasy sports violate state gambling laws. In an effort to save the burgeoning daily fantasy sports industry, legislators in these states have proposed bills to affirmatively legalize and regulate daily fantasy sports. However, these bills often fail to adequately address the underlying consumer protection concerns pertaining to the industry.

This Article analyzes how U.S. states currently regulate the fantasy sports marketplace and proposes a framework for future state laws to effectively regulate both ...


One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley 2017 Indiana University Maurer School of Law

One Person, One Vote: Gerrymandering And The Independent Commission, A Global Perspective, James Ruley

Indiana Law Journal

In 1863, on the hallowed fields at Gettysburg, Abraham Lincoln encapsulated a core principle of democracy by describing our system as a “government of the people, by the people, [and] for the people.” This definition accurately depicts the ideal of democracy—that supreme power is vested in the citizenry, not in the government itself. Since the American model is based on representative democracy instead of direct democracy, extreme scrutiny must be placed upon the system of choosing representatives if government is to accurately represent the will of the people.

One of the greatest abuses of a citizen’s voting rights ...


Domicile Dismantled, Kerry Abrams, Kathryn Barber 2017 University of Virginia

Domicile Dismantled, Kerry Abrams, Kathryn Barber

Indiana Law Journal

Part I of this Article discusses the legal and factual background of Mas v. Perry. This narrative reveals how the case reflects both the changes in American society that were beginning to occur at that time and the struggle of the concept of domicile to keep pace with those changes. Part II traces the development of the fundamental shift in gender roles that began several years before Mas was decided. This section argues that the growing number of women attending college, embarking upon careers, and forming two-career marriages increased the difficulty of measuring domicile, while undermining the efficacy of a ...


Land Use Federalism's False Choice, Michael C. Pollack 2017 Selected Works

Land Use Federalism's False Choice, Michael C. Pollack

Michael C. Pollack

Debates about land use federalism—like those about federalism more broadly—often focus on whether policies and priorities ought to be set at the national or local level. But such categorical judgments about national intervention are inadequate because they obscure the diversity of mechanisms by which nationalization can and does occur. This Article draws attention to the importance of this underappreciated legislative design choice and develops a framework within which to evaluate it. This Article observes that nationalization can take the form of rules that either displace local decisionmaking or channel it, and that those rules can be implemented either ...


Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen 2017 Elisabeth Haub School of Law at Pace University

Upholding Citizens’ Privacy In The Use Of Stingray Technology: Is New York Behind?, Samantha Hazen

Pace Law Review

This Comment will argue that New York should follow the federal agencies’ and states’ leads by imposing a warrant requirement supported by probable cause on local and state agencies that wish to use Stingray technology in their investigations. The first section will explore Stingray technology and how it works. The second section will frame the issue and describe New York’s current standard. The third section will discuss the judicial response to the issue and how New York courts seem to place the burden of upholding privacy on the citizen, instead of the government. The third section will also discuss ...


Reconstructing Local Government, Daniel Farbman 2017 Boston College Law School

Reconstructing Local Government, Daniel Farbman

Dan Farbman

After the Civil War, the South faced a problem that was almost entirely new in the United States: a racially diverse and geographically integrated citizenry. In one fell swoop with emancipation, millions of former slaves were now citizens. The old system of plantation localism, built largely on the feudal control of the black population by wealthy white planters, was no longer viable. The urgent question facing both those who sought to reform and those who sought to preserve the “Old South” was: What should local government look like after emancipation? This Article tells the story of the struggle over the ...


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