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Pace Law Review

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Full-Text Articles in Law

The Curious Case Of Justice Neil Gorsuch, Justin Burnworth Dec 2023

The Curious Case Of Justice Neil Gorsuch, Justin Burnworth

Pace Law Review

Justice Gorsuch has a propensity for unexpected decisions. His opinions in Bostock v. Clayton County, United States v. Vaello Madero, and McGirt v. Oklahoma confounded the legal community at large. Some argue that his Western upbringing played a role. Others argue that his time clerking for Justice Kennedy primed him for unpredictable decisions. These explanations do not get at the core of Justice Gorsuch’s legal reasoning. This article dives into the depths of these opinions to extract his “Enduring” theories of law. I argue that legal scholarship has incorrectly viewed these three decisions as isolated incidents when they are best …


Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman Dec 2023

Implied Warranty Claims Under The Magnuson-Moss Warranty Act: Resolving Fifty Years Of Uncertainty, Stephen E. Friedman

Pace Law Review

This Article addresses whether Congress intended for consumers to bring implied warranty claims on consumer products under the Magnuson-Moss Warranty Act in all instances or only when a defective product is covered by a written warranty. The question, unresolved almost fifty years after the Act’s passage, is of great practical importance because consumers who bring claims under the Act are eligible for attorneys’ fees and other potential advantages not available to plaintiffs bringing warranty claims under state law. This Article analyzes the two current approaches courts have taken to address the issue: a broad approach where consumers can bring a …


Large Language Models: Ai's Legal Revolution, Adam Allen Bent Dec 2023

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …


Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant Dec 2023

Constitutional Right To A Fair Trial And Social Justice Influence, Kaitlyn Marchant

Pace Law Review

This article evaluates the challenges that have arisen from the growth of social media and its influence on the right to the fair trial process in high-profile cases. Pretrial publicity through media exposure can bias potential jurors, potentially leading to decisions based on outside information rather than courtroom evidence. The article highlights the risks associated with jurors being exposed to external information through various media sources, which can significantly impact their objectivity and ability to make impartial judgments. It scrutinizes the limitations of the existing legal framework in addressing these challenges, including the reliance on jurors’ assurances of impartiality and …


Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb Dec 2023

Navigating Identity, Belonging, And Purpose In A Society In Flux, Chris Rabb

Pace Law Review

Chris Rabb is a family historian, author, and thought leader at the intersection of social identity, civic innovation, and equity. This is a lightly edited transcript of his 2023 Dyson Distinguished Lecture delivered at the Elisabeth Haub School of Law at Pace University on October 25, 2023.


The Refugee Burden Of Proof: Legal Gaps And Future Considerations For Climate Migrants, Aedan Raleigh Oct 2023

The Refugee Burden Of Proof: Legal Gaps And Future Considerations For Climate Migrants, Aedan Raleigh

Pace Law Review

As impacts of climate change become increasingly imminent and devastating, especially for the world’s most vulnerable communities, climate processes and events have forced certain populations to flee their homes. Climate refugees, also called environmental or climate migrants, describes those displaced by environmental disruption; however, international law has yet to delineate how these individuals fit into current refugee law or other areas of immigration assistance. This paper begins by examining current international refugee law, challenges to seeking asylum, and how this applies, or fails to apply, to climate migrants. I will then explore the burden of proof for the principle of …


When It Happens Here: Reproductive Autonomy, Fascism, And Dobbs V. Jackson Women’S Health Organization, Robin Maril Oct 2023

When It Happens Here: Reproductive Autonomy, Fascism, And Dobbs V. Jackson Women’S Health Organization, Robin Maril

Pace Law Review

Within six months after the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, nineteen states passed laws prohibiting abortion within the first trimester. The most restrictive laws banned abortion entirely, except to save the life of the person giving birth. The Court’s eager abdication of its role in protecting individual liberty under the 14th amendment marks a grim chapter in the life cycle of American democracy. The Dobbs decision, along with the political environment that demanded the repeal of Roe v. Wade, promises to severely limit the role of women in public life. The specter …


Punishing Disclosure And Silencing Victims: How The California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”, Carrie Leonetti Oct 2023

Punishing Disclosure And Silencing Victims: How The California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated”, Carrie Leonetti

Pace Law Review

This Article documents the California family law courts’ poor responses to children’s disclosures of child abuse and neglect, presuming that they are false, minimizing the impact of abuse on children, or engaging in wishful thinking that the abuse will simply cease even though the perpetrator has faced no accountability and taken no steps to reform. It focuses on the detrimental impacts that the pop psychology of “parental alienation” has for child safety when children’s reports of abuse are disbelieved and minimized, particularly when it combines with other fact-finding failures in the courts.


Unpuzzling Complete Preemption: Beneficial National Bank V. Anderson After Two Decades In The Circuit Courts, Anthony Salzetta Oct 2023

Unpuzzling Complete Preemption: Beneficial National Bank V. Anderson After Two Decades In The Circuit Courts, Anthony Salzetta

Pace Law Review

Beneficial National Bank v. Anderson, 539 U.S. 1 (2003), established the modern complete preemption doctrine—a method of finding removal jurisdiction by way of federal defense. The decision was met immediately with a great degree of confusion and critique by scholars concerned with the doctrine’s theoretical foundation (or lack thereof) and the potential disarray in its prospective execution by lower courts.

This twenty-year retrospective tackles whether clarity has emerged in the lower courts. By analyzing all 164 circuit court cases citing to Beneficial National Bank, I find minimal moments of disagreement between circuits as to application of the doctrine. Courts …


Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang Oct 2023

Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang

Pace Law Review

No abstract provided.


Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’S Disparate Impact On Applicants From Communities Of Color, Scott Devito, Kelsey Hample, Erin Lain Oct 2023

Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’S Disparate Impact On Applicants From Communities Of Color, Scott Devito, Kelsey Hample, Erin Lain

Pace Law Review

This Article provides the results of the most comprehensive and detailed analysis of the correlation between bar passage and race and ethnicity. It provides the first proof of racially disparate outcomes of the bar exam, both for first-time and ultimate bar passage, across jurisdictions and within law schools. Using data from 63 public law schools, we found that first-time bar examinees from Communities of Color underperform White examinees by, on average, 13.41 percentage points. While the gap closes when looking at ultimate bar passage, there is still a difference, on average, of 9.09 percentage points. The validity of these results …


Mutually Intelligible Principles?, Andrew J. Ziaja Dec 2022

Mutually Intelligible Principles?, Andrew J. Ziaja

Pace Law Review

Are the nondelegation, major questions, and political question doctrines mutually intelligible? This article asks whether there is more than superficial resemblance between the nondelegation, major questions, and political question concepts in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), an early nondelegation case that has become focal in recent nondelegation and major questions scholarship and jurisprudence. I argue that the nondelegation and political question doctrines do interact conceptually in Wayman, though not as current proponents of the nondelegation doctrine on the Supreme Court seem to understand it. The major questions doctrine by contrast conscripts the nondelegation …


Countermajoritarian Criminal Law, Michael L. Smith Dec 2022

Countermajoritarian Criminal Law, Michael L. Smith

Pace Law Review

Criminal law pervades American society, subjecting millions to criminal enforcement, prosecution, and punishment every year. All too often, culpability is a minimal or nonexistent aspect of this phenomenon. Criminal law prohibits a wide range of common behaviors and practices, especially when one considers the various federal, state, and municipal levels of law restricting people’s actions. Recent scholarship has criticized not only the scope and impact of these laws but has also critiqued these laws out to the extent that they fail to live up to supermajoritarian ideals that underlie criminal justice.

This Article adds to and amplifies this criticism by …


What Law Schools Must Change To Train Transactional Lawyers, Stephanie Hunter Mcmahon Dec 2022

What Law Schools Must Change To Train Transactional Lawyers, Stephanie Hunter Mcmahon

Pace Law Review

Not all lawyers litigate, but you would not know that from the first-year curriculum at most law schools. Despite 50% of lawyers working in transactional practices, schools do not incorporate its legal doctrines or skills in the foundational first year. That the Progressives pushed through antitrust laws and the New Dealers founded the modern administrative state reframed how people use the law, particularly in transactional practices, and should be given equal weight as the appellate-based common law in any legal introduction. Nevertheless, the law school model created by Christopher Columbus Langdell in the 1870s remains dominant. As this review of …


Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven Dec 2022

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …


Surrogacy Law Reformed: Bringing New York Into The Twenty-First Century, Natalie Burke Aug 2022

Surrogacy Law Reformed: Bringing New York Into The Twenty-First Century, Natalie Burke

Pace Law Review

No abstract provided.


Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj Aug 2022

Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj

Pace Law Review

No abstract provided.


A Rhetoric Of Sustainable Development, Jeff Todd Aug 2022

A Rhetoric Of Sustainable Development, Jeff Todd

Pace Law Review

No abstract provided.


Imposter Syndrome & The Law School Caste System, Sara L. Ochs Aug 2022

Imposter Syndrome & The Law School Caste System, Sara L. Ochs

Pace Law Review

For decades, legal academia has been structured around a hierarchical caste system, with tenured and tenure-track doctrinal law professors—many of whom are men—occupying the highest caste, and professors of legal skills courses—who more often identify as women—relegated to the lower castes. The status of these “lower caste” professors is routinely reinforced through weaker job security, less respect, and lower pay than received by their doctrinal, “upper caste” colleagues. Given this inequality, imposter syndrome plays a pervasive role in the lives and careers of professors of legal skills courses. Relying on qualitative data obtained from teaching faculty and staff at ABA …


Grand Unified (Separation Of Powers) Theory: Examining The United States Marshals, Emile Katz Aug 2022

Grand Unified (Separation Of Powers) Theory: Examining The United States Marshals, Emile Katz

Pace Law Review

This Article examines a novel separation of powers issue that the Supreme Court has never directly addressed: the existence and practices of the United States Marshals. The United States Marshals serve an executive branch function—law enforcement—yet are often directly overseen and commanded by the judicial branch. In the United States federal government system—in which the executive and judicial branches are designed to act independently—the control the federal courts exercise over the marshals raises separation of powers concerns. Since no court has decided what test should apply when federal courts vicariously exercise executive power, this Article applies several separation of powers …


The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev Aug 2022

The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev

Pace Law Review

No abstract provided.


Understanding Loss Of (Right To) Use Damages: Defining Fair And Reasonable Compensation For Loss Of Use In Light Of Historical Origins And Practical Considerations, Matthew J. Forrest Aug 2022

Understanding Loss Of (Right To) Use Damages: Defining Fair And Reasonable Compensation For Loss Of Use In Light Of Historical Origins And Practical Considerations, Matthew J. Forrest

Pace Law Review

Loss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the historical origins of loss of use law to determine that tort victims denied the right to use their property must be compensated regardless of how they would have chosen to use their property. Because these damages do not depend on the owner’s actual use, loss of …


Cruel And Unusual Punishment: The Eighth Amendment And Ice Detainees In The Covid-19 Crisis, Nechelle Nicholas Feb 2022

Cruel And Unusual Punishment: The Eighth Amendment And Ice Detainees In The Covid-19 Crisis, Nechelle Nicholas

Pace Law Review

No abstract provided.


In Your Own Defense: The Importance Of Immuno-Oncology And The Problem With Patenting Under The "Laws Of Nature", Laura Schwartz Feb 2022

In Your Own Defense: The Importance Of Immuno-Oncology And The Problem With Patenting Under The "Laws Of Nature", Laura Schwartz

Pace Law Review

No abstract provided.


Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner Feb 2022

Fine-Tuning: The Emergent Order-Maintenance Architecture Of Local Civil Enforcement, Brendan M. Conner

Pace Law Review

No abstract provided.


How To Train Your Supervisor, Kris Franklin, Paula J. Manning Feb 2022

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.


The Road To Affordable Housing: How To Replace Highways With Homes In New York City, Chad Hughes Feb 2022

The Road To Affordable Housing: How To Replace Highways With Homes In New York City, Chad Hughes

Pace Law Review

Urban highways cause significant air, water, and soil pollution that disproportionately harm low-income and nonwhite residents. Many urban highways are reaching the end of their useful life and would be extremely expensive to repair or replace. Cities around the world have removed urban highways to improve environmental outcomes and to avoid wasteful spending.

While these teardowns have improved local and regional environmental quality and local traffic congestion, they have also led to increased land values near the retired rights of way. Without anti-displacement efforts, there is a risk that the very people who have been most harmed by urban highways …


The Force Of Law After Kisor, Beau J. Baumann Feb 2022

The Force Of Law After Kisor, Beau J. Baumann

Pace Law Review

No abstract provided.


Stagflation In American Jurisprudence, Chad G. Marzen, Michael Conklin Feb 2022

Stagflation In American Jurisprudence, Chad G. Marzen, Michael Conklin

Pace Law Review

No abstract provided.


Using Investor-State Dispute Settlement To Enforce International Environmental Commitments, Andie Altchiler Sep 2021

Using Investor-State Dispute Settlement To Enforce International Environmental Commitments, Andie Altchiler

Pace Law Review

No abstract provided.