Law Commons^™

First Amendment Rights For Publishers And The Distribution Of Unsolicited Magazines To Inmates, Samantha Halpern

Pace Law Review

This Article discusses whether inmates have a First Amendment interest in receiving unsolicited publications, and whether a publisher has a First Amendment interest in distributing unsolicited publications. Part II will discuss the history of prisoners’ First Amendment rights, specifically in relation to publications and communications, and how the standard for First Amendment violations of prisoner rights has evolved over time. Part III will focus on the Supreme Court case Turner v. Safley and how the test articulated in Turner applied to cases that followed. Part IV will address whether the Turner standard was the appropriate test to apply to whether …

An Analysis Of New York State’S Flawed Recovery Scheme In Prenatal Malpractice Actions: Why A Claim Of Nied Should Be Available To Plaintiffs, Amanda Campo

Pace Law Review

Prior to 2006 mothers could not bring a wrongful death action on behalf of their stillborn child, nor could they bring any personal cause of action, absent a physical injury independent from the unsuccessful birth itself. In 2006, the New York Court of Appeals attempted to fill this gap in the case of Broadnax v. Gonzalez. This Note will analyze whether Broadnax successfully filled this recovery gap. Parts II, III, and IV will discuss the history of a mother’s failed attempts to gain recovery for the death of her stillborn child. Part V will discuss Broadnax. I will argue that …

Winning–Or At Least Not Losing–On Cross-Examination, Henry G. Miller

Pace Law Review

Cross-examination is, of course, the glamour topic of trial practice. You cannot get people too excited about direct examinations or openings, maybe summations, but cross-examination is the riveting topic; the stuff of which legends are made. It is not always easy, and I am going to give you a few pointers. Now for those who have not tried many cases, you cannot learn to be a cross-examiner by just listening to one person talk. But what you can do is pick up a few ideas. And as I talk, it is OK to think, “Hey you know; maybe there’s a …

New Methods Of Financial White-Collar Criminal Investigation And Prosecution: The Spillover Of Wiretaps To Civil Enforcement Proceedings, Andrew P. Atkins

Pace Law Review

To have a proper understanding of the questions presented by the Rajaratnam cases, a basic understanding of the criminal and civil cases is necessary. Accordingly, Part II will briefly discuss the facts of the two cases, the investigation, and relevant court rulings. Part III will briefly discuss the history and relevant provisions of Title III of the Omnibus Crime Control and Safe Streets Act , the “comprehensive scheme” for regulating the authorization and disclosure of wiretaps. Part IV will discuss the primary theories the SEC could have used to obtain wiretap recordings for use in its civil enforcement proceeding, namely …

It’S Raining Katz And Jones: The Implications Of United States V. Jones–A Case Of Sound And Fury, Jace C. Gatewood

Pace Law Review

This Article discusses the implications of Jones in light of emerging technology capable of duplicating the monitoring undertaken in Jones with the same degree of intrusiveness attributable to GPS tracking devices, but without depending on any physical invasion of property. This Article also discusses how the pervasive use of this emerging technology may reshape reasonable expectations of privacy concerning an individual’s public movements, making it all the more difficult to apply the Fourth Amendment constitutional tests outlined in Jones. In this regard, this Article explores recent trends in electronic tracking, surveillance, and other investigative methods that have raised privacy concerns, …

Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie Boyd

Pace Law Review

This Article attempts to present a more comprehensive and detailed examination of the place of apartments—before, during, and after the enactment of zoning—than has been presented in the literature to date through an examination of the impact of apartment houses on both pre-zoning land use patterns and the zoning process in New Haven. This Study examines the period between 1912 and 1932, with a particular emphasis on the period between 1922 and 1926. The latter period begins with the selection of New Haven’s first Zoning Commission in 1922 and concludes with the passage of New Haven’s first zoning ordinance in …

Adjudicating Sex Crimes As Mental Disease, Melissa Hamilton

Pace Law Review

The psychiatric diseases of the paraphilias are now entrenched in the law in decisions concerning culpability, desert, and risk. Though, as the foregoing cases suggest, it is a tough balancing act, considering the existence of psychiatric illness suggests less responsibility, while at the same time implying a greater risk of future dangerousness. To better navigate this conundrum, the law has drawn on the psychiatric sciences. Part II of this Article outlines a basic need for law and science to serve each other even though they may not share objectives. With respect to the advent of new laws to control sex …

Managed Cooperation In A Post-Sago Mine Disaster World, Patrick R. Baker

Pace Law Review

This article proposes a Commission mandated mediation process that will offer a solution to the case backlog that prevents regulatory capture while promoting managed cooperation and communication toward a common goal: safety. While the Commission has implemented new rules, procedures, and steps that have helped the backlog, these improvements have only addressed the symptoms and not the cause. Currently, the solutions have focused on how to reduce the case backlog, instead of creating a system that allows for communication and cooperation, while ensuring compliance and safety. While there has been disagreement as to whether or not the case backlog undermines …

Protecting Children? The Evolution Of The First Amendment: A Historical Timeline Of Children And Their Access To Pornography And Violence, Nicole Digiose

Pace Law Review

This paper will explore the evolving relationship between children and their access to potentially harmful materials. The timeline will start at Part II.A with the landmark decision of Prince v. Massachusetts, a 1940’s case, wherein children were afforded the most constitutional protection. In Part II.B, this paper will evaluate another landmark decision: Ginsberg v. New York. In this 1968 case, the Supreme Court declared that children shall not have access to harmful, pornographic materials. By the 1990s, there appeared to be a notable shift in how the Supreme Court decided cases pertaining to children and their access to …

Searches Incident To Arrest And The Aftermath Of Arizona V. Gant – A Circuit Split As To Gant’S Applicability To Non-Vehicular Searches, Nicholas De Sena

Pace Law Review

The nation’s struggle to balance individual rights of privacy and legitimate law enforcement efforts continues without any clear resolution in sight. The Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures, stating that search warrants shall be issued only with a showing of probable cause, a description of the place to be searched, and the persons or things to be seized. Complementing the warrant requirement is the principal that searches done without a warrant are per se unreasonable. The Supreme Court, however, has recognized exceptions to the warrant requirement under …

Inlaid-Ivory Towers: Higher Education Joint-Use Facilities As Community Redevelopment Bulwarks, Michael N. Widener

Pace Law Review

This paper describes an unusual public-private partnership for real property development not involving typical infrastructure like bridges and roads. It addresses how communities like Mesa manage their way (adopting policies implicating land use and environmental sustainability principles via repurposing of buildings and sharing of additional community assets and “campus” leasing actions) to attract private sector higher education providers to establish a downtown as a node of intellectual stimulation, including cultural diversions. Etching the ivory tower environment into community centers sustains the quality of place. This quality attracts the “creative class,” which forms the core of leadership and entrepreneurship in America’s …

The Collision Of Law And Science: American Court Responses To Developments In Forensic Science, Sarah Lucy Cooper

Pace Law Review

This paper considers how American courts have responded to developments in forensic science by focusing on four popular forensic science disciplines: (1) fingerprint identification (friction ridge analysis); (2) firearms identification (tool-mark analysis); (3) bite mark identification (forensic odontology); and (4) arson investigation (fire science). Part I briefly explores the relationship between law and science. Part II charts the development of the legal frameworks that govern the admissibility of expert evidence in America. Part III discusses the identification methods employed by these four disciplines and provides examples of erroneous identifications. Part IV comments on the NAS Report findings that relate to …

Evolving With The Times: A Push To Legalize Surrogate Parenting Contracts In The State Of New York, David F. Eisenberg

Pace Law Review

In opposition to New York’s current prohibition on surrogate parenting contracts, this paper will focus on explaining why, despite its controversial nature, New York should amend its existing law and permit the enforceability of such contracts. Here, common myths surrounding surrogacy will be debunked, arguments made to support the practice of surrogacy will be justified, and an alternative to the current statute will be offered. This alternative statute will propose legislation in a way that can protect New York’s social policy interests while still permitting the enforceability of surrogate parenting contracts.

The Visual And The Law Of Cities, Stephen R. Miller

Pace Law Review

This article will attempt to explore, through four separate “tableaux,” or brief sketches, four ways in which the visual interplays with the law of cities, and how a deeper understanding of this intersection can assist in the development of these laws and their underlying policies. This discussion will by no means be definitive. However, by presenting these four approaches in which the visual complicates and assists the law of cities, and sometimes even acts as the law of cities, it is hoped the article will spur a dialogue on the law’s relationship to the visual.

Putting Boomers To Pasture: Does The 2010 Mippa Legislation Reinforce The Nursing Home Bias?, Robert S. Bloink

Pace Law Review

This article seeks to explore what lessons can be learned from how Medicaid end-of-life health care services are provided to the poor post-Olmstead, and how these lessons can be applied to middle class and upper middle class boomers. The article equally seeks to address how such lessons can be integrated into a meaningful dialogue with retiring boomers in a fashion that encourages discussion and decisions regarding end-of-life health care, as opposed to leaving such tough calls for surviving adult children.

To this end, Part II of this article begins by examining the hurdles seniors face in accessing HCBS after the …

Evidence-Based Federal Civil Rulemaking: A New Contemporaneous Case Coding Rule, Will Rhee

Pace Law Review

This Article proposes a new Federal Rule concerning the federal courts’ online case management/electronic case filing system (CM/ECF). Whenever a party, the court clerk, or the presiding judge in a civil lawsuit electronically files a document, the Model Rule requires her to answer standardized online questions about that document. These questions are limited to indisputable factual information about case-related outcomes. By answering these questions, the filer codes research variables contemporaneously with the filing of every document. Such mandatory contemporaneous coding would provide comprehensive, reliable, and inexpensive descriptive empirical data6 for evidence-based rulemaking. This Federal Courts CM/ECF Descriptive Dataset should be …

Justice James D. Hopkins: Jurist, Dean, Scholar And Expert On New York Law, Jay C. Carlisle Ii, Anthony Dipietro

Pace Law Review

It is an appropriate tribute to our late Dean James D. Hopkins that this edition of Pace Law Review be dedicated to a man who many leaders of the bench, bar, and academia believe is one of the twentieth century’s greatest common law appellate jurists. Dean Hopkins, better known as Judge Hopkins, was Pace Law School’s second Dean from 1982 to 1983, an associate justice of the Supreme Court of New York, and a justice of the Appellate Division for the Second Department from 1962 to 1981. He authored hundreds of significant majority, dissenting, and concurring judicial opinions on New …

Foreword, Mark C. Dillon

Pace Law Review

Introduction to special issue honoring the accomplishments of Hon. James D. Hopkins, the former dean of Pace Law School.