Digital Commons Network^™

Survey Of 2016 Cases Under New York State Environmental Quality Review Act, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The courts decided 46 cases in 2016 under the New York State Environ­mental Quality Review Act (SEQRA), which requires the preparation of an environmen­tal impact statement (EIS) for state or local governmental actions that could have a significant impact.

For only the second time since this annual survey began in 1991, no court overturned any agency decision where an EIS had been prepared. Eight challenges involved an EIS – all failed. In circumstances where there was no EIS, challeng­ers won four and lost 20. In sum, 2016 was a bad year for plaintiffs in SEQRA cases.

Capacitating Services And The Bottom-Up Approach To Social Investment, Charles F. Sabel, Jonathan Zeitlin, Sigrid Quack

Faculty Scholarship

A crucial component of the new social investment paradigm is the provision of capacitating social services aimed at the early identification and mitigation of problems. We argue that conceiving of this paradigm change as a comprehensive and concerted investment is misguided. That perspective ignores more practical, piecemeal approaches in which costs and benefits are clarified through efforts at implementation, rather than estimated ex ante. Similarly, in this bottom-up approach, reform coalitions are not formed through comprehensive initial bargaining, but rather developed on the fly as programmes demonstrate their benefits and create clienteles. A crucial proviso is that decentralized efforts are …

Administrator-In-Chief: President And Executive Action In Immigration Law, Ming Hsu Chen

Faculty Scholarship

This Article provides a framework for understanding the role of the President as the Administrator-in-Chief of the executive branch. Recent presidents, in the face of heated controversy and political division, have relied on executive action to advance their immigration policies. Which of these policies are legitimate, and which are vulnerable to challenge, will determine their legacy. This Article posits that the extent to which the President enhances the procedural legitimacy of agency actions strengthens the legacy of the policies when corifronted regarding their substance. This emphasis on shoring up administrative procedure is a form of expertise that should be counted …

A Constitutional Jurisprudence Of Children’S Vulnerability, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Fostering Ethical Professional Identity In Tax: Using The Traditional Tax Classroom, Heather M. Field

Faculty Scholarship

No abstract provided.

Legislative Underwrites, Ethan J. Leib, James J. Brudney

Faculty Scholarship

This article introduces a widespread but virtually unacknowledged practice in Congress and state legislatures. Not only do legislatures override judicial decisions as part of an interbranch dialogue when they disagree with judicial rulings and doctrine, they also underwrite judicial decisions when they agree with those rulings. For all the literature on the adversarial communication evidenced through legislative overriding, there is not a single paper devoted to legislative underwrites that reflect more collaborative dimensions of the interbranch dialogue. This article begins to fill that void, and in so doing it frames practical and theoretical lessons for legislative, judicial, and scholarly audiences. …

The Internationalization Of Sources Of Labor Law, James J. Brudney

Faculty Scholarship

This article examines in depth an important but underappreciated development in international labor law: how norms promulgated by the International Labor Organization (ILO) have affected the development and implementation of domestic labor laws and practices since the early 1990s. The newly globalized focus of labor law—energized by substantial expansions in international trade and investment—has been recognized by scholars, practitioners, and governments, but it has not previously been explored and analyzed in this systematic way.

The article focuses on two central regulatory areas—child labor and freedom of association—and relies on doctrinal and policy developments in these areas, as evidenced by the …

Two, Three Many Rosas! Rebellious Lawyers And Progressive Activist Organizations, Brian Glick

Faculty Scholarship

The cast of prototypic rebellious lawyers promoted by Gerald Lopez is incomplete. It leaves out a very important mode of lawyering: that of working for a progressive activist organization. To fill that gap, this essay introduces “Rosa,” a lawyer on the staff of an organization of low-wage workers fighting for workplace justice and systemic change. The essay argues that working for such organizations in a way that is accountable to the organizations is an especially effective way for lawyers to contribute to economic, racial, gender, social and environmental justice. It examines three current models of such practice: in-house, in an …

Urban Policing And Public Policy— The Prosecutor’S Role, Bruce A. Green

Faculty Scholarship

No abstract provided.

Early Childhood Development And The Law, Clare Huntington

Faculty Scholarship

No abstract provided.

The Right To Regulate In Investor-State Arbitration: Slicing And Dicing Regulatory Carve-Outs, Vera Korzun

Faculty Scholarship

This article examines the "right to regulate" as the power of a sovereign state to adopt and maintain government measures for public welfare objectives. It explores how claims by foreign investors in investor-state dispute settlement (ISDS) may interfere with the state's ability to regulate, and how the state can protect its right in international investment agreements. The article first explains the structure of modern international investment law and dispute resolution. It next turns to the right to regulate and explores why regulatory disputes represent a major challenge for ISDS. It continues by analyzing how exceptions, exclusions, and other safeguard provisions …

Coordinating Access To Justice For Low And Moderate Income People, Ian Weinstein

Faculty Scholarship

No abstract provided.

Deadly Dust: Occupational Health And Safety As A Driving Force In Workers’ Compensation Law And The Development Of Tort Doctrine And Practice, George Conk

Faculty Scholarship

No abstract provided.

The Troubling Turn In State Preemption: The Assault On Progressive Cities And How Cities Can Respond, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Olatunde Johnson, Richard C. Schragger

Faculty Scholarship

No abstract provided.

Localist Administrative Law, Nestor M. Davidson

Faculty Scholarship

To read the voluminous literature on administrative law is to inhabit a world focused almost exclusively on federal agencies. This myopic view, however, ignores the wide array of administrative bodies that make and implement policy at the local-government level. The administrative law that emerges from the vast subterranean regulatory state operating within cities, suburbs, towns, and counties has gone largely unexamined. Not only are scholars ignoring a key area of governance, but courts have similarly failed to develop an administrative jurisprudence that recognizes what is distinctive about local agencies. The underlying justifications for core administrative law doctrines at the federal …

Concocting Criminal Intent, Deborah W. Denno

Faculty Scholarship

My empirical study, which examines neuroscience evidence in 800 criminal cases over the course of two decades, is the first to determine how, when, and why victim brain scan evidence is introduced and used in court. My study reveals that although courts commonly rely on brain scans to show the extent of a victim’s injury, the actual application of this neuroscience evidence extends far beyond the purpose for which it is admitted.

Rebellious Deaning: One African American Woman's Vision Of A Progressive Law School, Shauna Marshall

Faculty Scholarship

No abstract provided.

Human Rights From The Ground Up: Building The First Law School Legal Aid Clinic In Haiti, Kate Bloch, Roxanne Edmond-Dimanche

Faculty Scholarship

No abstract provided.

Regulation And The Collapse Of The New Deal Order, Or How I Learned To Stop Worrying And Love The Market, Reuel Schiller

Faculty Scholarship

This chapter will examine the emergence of this new, post-New Deal conception of the role of the administrative state, often called “The New Governance.” I will first describe the policy premises of the New Deal administrative state and contrast them with the underlying assumptions of the New Governance. In doing so, I will explain how the ideas that permeated the New Governance shaped regulatory policy in the 1990s and 2000s. I will then explore the reasons for the rise of this new conception of the administrative state. In particular, I will demonstrate that the New Governance had its origins not …

Latinos And The Internal Revenue Code: A Tax Policy Primer For The New Administration, Leo P. Martinez

Faculty Scholarship

No abstract provided.

Canadian Medical Tourism: Expanding Opportunities And Reducing Legal Risks For American Healthcare Providers, R. Gregory Cochrane, Alicia Corbett

Faculty Scholarship

No abstract provided.

A Citizen’S Pathway Gone Astray — Delaying Competition From Generic Drugs, Robin Feldman, Connie Wang

Faculty Scholarship

No abstract provided.

Beyond Zero-Sum Environmentalism, David Takacs

Faculty Scholarship

No abstract provided.

Cdc’S New Rule To Track And Quarantine Travellers, Dorit Rubinstein Reiss, Y. Tony Yang

Faculty Scholarship

No abstract provided.

Decoupling Vaccine Laws, Dorit Rubinstein Reiss

Faculty Scholarship

No abstract provided.

Don’T Hate The Player; Hate The Game, Jaime S. King, Renee Y. Hsia, Brendan G. Carr

Faculty Scholarship

No abstract provided.

Empirical Evidence Of Drug Pricing Games - A Citizen's Pathway Gone Astray, Robin Feldman, Evan Frondorf, Andrew K. Cordova, Connie Wang

Faculty Scholarship

No abstract provided.

From Business Tax Theory To Practice, Alina S. Ball, Manoj Viswanathan

Faculty Scholarship

No abstract provided.

Little Streams And Legal Transformations, Dave Owen

Faculty Scholarship

No abstract provided.

Primary Care Lawyers: A Holistic Approach To Pro Bono Business Lawyering, Alina S. Ball

Faculty Scholarship

No abstract provided.