Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Land Use Law (8)
- Criminal Law (7)
- Environmental Law (7)
- Health Law and Policy (4)
- International Law (3)
-
- Constitutional Law (2)
- International Humanitarian Law (2)
- Legal Education (2)
- Civil Procedure (1)
- Courts (1)
- Criminal Procedure (1)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Family Law (1)
- Immigration Law (1)
- Internet Law (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Law Enforcement and Corrections (1)
- Law and Gender (1)
- Legal Ethics and Professional Responsibility (1)
- Medical Jurisprudence (1)
- Military, War, and Peace (1)
- Religion Law (1)
- Securities Law (1)
- Sexuality and the Law (1)
- Tax Law (1)
- Taxation-Federal Estate and Gift (1)
- Keyword
-
- Criminal Law and Procedure (8)
- NYLJ (6)
- Environmental Law (4)
- Health Law and Policy (3)
- International Law (3)
-
- Juveniles (2)
- Land use (2)
- Law students (2)
- National security (2)
- Religion (2)
- Terrorism (2)
- Zoning boards (2)
- Academic support (1)
- Alternative medicine (1)
- Appointments (1)
- Arab (1)
- Arbitration (1)
- Attempt liability (1)
- BFOQ (1)
- Book review (1)
- Children (1)
- Citizen suits (1)
- Commerce Clause (1)
- Computer Law (1)
- Constitutional Law (1)
- Criminal justice (1)
- Death penalty (1)
- Development (1)
- Distance education (1)
- EPA (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Redevelopment Tools: Creating And Recreating Urban Centers, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article describes a number of the agencies, entities, and legal tools and techniques that are used today to redevelop or create urban centers of population and commerce.
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Religion And Law Use: Constraints On Local Boards' Decision Making, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
While local legislatures generally have broad authority to enact land use regulations that serve a public interest, the Religious Land Use and Institutionalized Persons Act as well as constitutional limits found in the First Amendment limit religious land use regulations that seek to restrict religious freedom. This article explores the Second Circuit’s decision in Westchester Day School v. Village of Mamaroneck, and makes suggestions about the future implications of the court’s decision.
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Internet Pharmacies: Why State Regulatory Solutions Are Not Enough, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
Internet pharmacies are an economic and communications miracle--and a regulatory nightmare. It is estimated that Americans spent some $3.2 billion in 2003 on medications from the Internet, but Internet pharmacies permit consumers to evade long-standing regulatory protections, particularly those that rely on the oversight of drug prescribing and dispensing by licensed physicians and pharmacists.
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Shielding Board Members: Municipalities Should Protect Them From Suits, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Both individual land use board members and the municipal governments containing these boards are concerned with the liability of the boards, and of individual members from legal challenges stemming from their decisions. Legal actions against these boards, and the potential for subsequent liability of individual members could put significant financial burdens on municipalities and also discourage competent citizens from serving on these local land use boards. This commentary reviews the impact of two recent New York state cases, and their affect on state legislation concerning these topics.
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Clarifying The Rules And Roles Of Land Use Boards, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article discusses the rules and roles of land use boards, including planning boards, and zoning boards of appeals. Local governments are given broad authority to create land use regulations by the New York state legislature, and so long as they stay within the boundaries of the state land use statutes, the local government’s fact based decisions are usually upheld in face of legal challenges in court. This column analyzes several recently decided cases in an attempt to clarify the uncertainties involved with the decisions of local land use boards, and challenges to land use board decisions.
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Religion And Land Use: Westchester Day School V. Village Of Mamaroneck, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The Westchester Day School and the Zoning Board of Appeals (ZBA) of the Village of Mamaroneck were involved with several lawsuits stemming from a rescinded “negative” State Environmental Quality Review Act (SEQRA) determination by the ZBA after local public outcry of the school’s expansion. This article explores the relationship between Religious Land Use and Institutionalized Persons Act (RLUIPA) and land use regulations, and comes to the conclusions that Congress enacted the RLUIPA to ensure religious organization landowners are not singled out to bear the burdens of the general public.
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Seqra Challenges: Court Creates New Rule On Statute Of Limitations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
The New York State Environmental Quality Review Act, known around the New York legal community as SEQRA, triggers any time a public action may have an adverse impact on the environment. The determinations of this process, intertwined with public actions such as, site plan approvals, variance requests, or any other land use or public action, are often challenged by those parties who are unsatisfied with the result. This article discusses the extensive case history regarding when SEQRA actions are ripe for legal challenge.
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
The Iucn Academy Of Environmental Law: Seeking Legal Underpinnings For Sustainable Development, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
An article describing a “work in progress” can provide only a sketch of the initial plans for the new IUCN Academy of Environmental Law. As the Academy establishes its administrative secretariat, builds its research program, and fashions its collaborative teaching undertakings, the details of this further work will become clear. Their analysis must await the events. Nonetheless, the precedents to date portend a promising future, as illustrated by the launch in Shanghai, and the Academy's initial research into the environmental sustainability of contemporary energy law.
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Prison Reform Revisited: The Unfinished Agenda, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
Prison Reform Revisited: The Unfinished Agenda, which was held at Pace Law School from October 16-18, 2003, was a remarkable event. At this conference--a summit really--leading academics, attorneys, prison reformers, judges, prison officials and international prison reformers gathered at Pace Law School and the New York State Judicial Center in White Plains, New York to discuss how to advance the cause of prison reform in the U.S. This issue of the Pace Law Review is devoted to the papers presented in connection with that important conference.
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
"Which One Of You Did It? Criminal Liability For "Causing Or Allowing" The Death Of A Child, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article analyzes how current U.S. criminal law addresses the problem of securing a homicide conviction where multiple defendants are accused in a child's non-accidental death. Part III sets forth the English response: a statute that includes (1) a new substantive crime; (2) a permissible negative inference against a defendant who fails to account for the non-accidental death of a child for whom he or she is responsible; and (3) delay of a motion to dismiss for failure to establish a prima facie case until after the defense has been presented or the jury has been allowed to draw the …
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article provides an in-depth analysis of our comprehensive study of the Pace Academic Support Program. Section II of the article discusses the purpose and design of ASPs generally, and Pace Law School's program specifically. Section III describes the research design, methodology, and procedures used for this study. Section IV evaluates and analyzes the findings, with an in-depth analysis of the impact each service yields to ASP students, as well as the statistical significance of such benefits. Section V evaluates the importance of background criteria and the impact that such variables have on ASP participants and non-participants. Section V also …
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
Can a parent be legally required to control the gender of a child? What is the legal justification of a forced disintegration of a family? This Essay will try to address these issues, raised by an unusual legal dispute between parents who believed that they should raise their child as a girl, and a state agency that insisted on a masculine upbringing as a boy.
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Tribal Sovereignty Over Water Quality, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Exacted Conservation Easements: The Hard Case Of Endangered Species Protection, Jessica Owley Lippmann
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell
Elisabeth Haub School of Law Faculty Publications
Part I of this article provides an overview of the medical necessity test, and examines the decision-making process pursuant to the test, including who makes coverage determinations and what criteria are used in making them. Part I also sets forth examples of conventional treatments that insurers routinely cover despite their questionable efficacy from a medical necessity perspective. Part II explores CAM disciplines and describes how they differ from conventional medicine. Part III discusses the legal challenges CAM faces and explores the limited extent to which CAM is covered by health insurance and the failure of state laws to provide mandates …
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
One Flesh, Two Taxpayers: A New Approach To Marriage And Wealth Transfer Taxation, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This article critically examines the estate and gift tax rules currently applicable to martial wealth transfers and proposes a new system in which all transfers between spouses will be subject to taxation. The article begins by tracing the historic development of what the author calls the "one flesh, one taxpayer" approach to wealth transfer taxation. Over a period of more than thirty years, the marital deduction evolved from a tool for achieving geographic uniformity into an institution based on an unreal and idealized story of proper gender roles and the economic significance of marriage. After describing the wealth transfer tax …
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
The Law Of Words: Standing, Environment, And Other Contested Terms, David N. Cassuto
Elisabeth Haub School of Law Faculty Publications
Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000), exposes fundamental incoherencies within environmental standing doctrine, even while it ostensibly makes standing easier to prove for plaintiffs in environmental citizen suits. According to Laidlaw, an environmental plaintiff needs only to show personal injury to satisfy Article III's standing requirement; she need not show that the alleged statutory violation actually harms the environment. This Article argues that Laidlaw's distinction between injury to the plaintiff and harm to the environment is nonsensical. Both the majority and dissent in Laidlaw incorrectly assume that there exists an objective …
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
A Distance Education Primer: Lessons From My Life As A Dot.Edu Entrepreneur, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
Through my experience in developing Pace's innovative distance education program, I have learned some critical lessons about the potential and perils of providing legal education via the Internet. In the belief that my experiences are generic, not dependent on a particular law school's context, I offer these observations to assist others who seek to launch distance education initiatives in the not-for-profit sector. The following is an account of my life as an educational entrepreneur.
Derecho Penal, Luis E. Chiesa
Derecho Penal, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Intencion Especifica, Intoxicacion Voluntaria Y Otros Demonios, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Case Of The Male Ob-Gyn: A Proposal For Expansion Of The Privacy Bfoq In The Healthcare Context, Emily Gold Waldman
The Case Of The Male Ob-Gyn: A Proposal For Expansion Of The Privacy Bfoq In The Healthcare Context, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The article proceeds in three main parts. First, it discusses the general case law surrounding customer preferences for a particular gender, looking at the enactment and development of the BFOQ defense, particularly in the context of customer preferences. It argues that the courts' general rejection of the customer preference rationale for BFOQs was entirely appropriate, given that these preferences typically reflected malignant gender biases--most often, chauvinistic attitudes that result in female subordination. Second, the article examines the rise of the privacy BFOQ. It argues that the courts were correct in recognizing the privacy BFOQ, given the qualitatively different nature of …
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Putting The Supreme Court Back In Place: Ideology, Yes; Agenda, No, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
This essay is about the permanent damage to the Supreme Court and to the country that may occur if the current approach to judicial appointments continues, and offers an approach to the nomination and confirmation of Supreme Court justices that will help put the Court back in its proper place - out of the eye of the elective political storm.
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Theme And Variations In Statutory Preclusions Against Successive Environmental Enforcement Actions By Epa And Citizens, Part One: Statutory Bars In Citizen Suit Provisions, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This two-part Article examines the preclusion device, its legislative history, and the decisions interpreting it. Part One examines the device in citizen suit provisions. Part Two, to be published subsequently, will examine the device in EPA enforcement provisions. The two parts develop a unified interpretation of the device in both sets of enforcement provisions to resolve the tension between achieving compliance and protecting prosecutorial discretion. The Article concludes that Congress meant exactly what it wrote and enacted: the device solely precludes the successive enforcement it actually addresses. Several of the most common canons of statutory interpretation lead inexorably to this …
Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell
Targeting The Foreign Born By Race And Nationality: Counterproductive In The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
Times of emergency may justify certain restrictions on liberties, but the nature of the terrorist challenge calls for a much more measured and nuanced response. Al Qaeda is said to have cells operating in as many as sixty countries. Furthermore, Al Qaeda is best described as a decentralized network of extremist Islamic groups and individuals rather than a unified military organization. To reduce or eliminate the threat they pose requires the cooperation of the governments, police officers, and individual citizens in the countries where Al Qaeda linked individuals and groups operate. Such help is necessary to obtain intelligence, arrest, capture, …
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
The Death Penalty--An Obstacle To The "War On Terrorism"?, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
September 11 seared our collective memory perhaps even more vividly than December 7, 1941, and has evoked a natural demand both for retribution and for measures to keep us safe. Given the existing statutory and judicial authority for capital punishment, the U.S. Government has to confront the issue whether to seek the death penalty against those who are linked to the suicide attacks or to the organization that sponsored them or both. Meting out the death penalty to international terrorists involves difficult moral, legal, and policy questions. The September 11 crimes were not only domestic crimes, but also international ones. …
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
New Technology, Old Defenses: Internet Sting Operations And Attempt Liability, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This article addresses the general principles of attempt liability, including a description of the doctrines of factual and legal impossibility and the rationale behind the historical treatment of these defenses. Part III describes recent Internet attempt cases, and Part IV analyzes issues raised by such cases. This article suggests that the new Internet cases provide further rationale for rejecting a distinction between factual and legal impossibility that would allow the latter to be a defense. This article also discusses issues surrounding the appropriate mens rea for attempt, and its applicability to Internet cases, where the defendants claim ignorance or indifference …
A Public-Private Strategy For Enhancing Domestic Security Worldwide, Mark R. Shulman
A Public-Private Strategy For Enhancing Domestic Security Worldwide, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.