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Articles 1 - 13 of 13
Full-Text Articles in Law
Brief For Appellee: Sixth Annual Pace National Environmental Moot Court Competition, Catherine Andrew, Julie Litwin, David E. Peck
Brief For Appellee: Sixth Annual Pace National Environmental Moot Court Competition, Catherine Andrew, Julie Litwin, David E. Peck
Pace Environmental Law Review
No abstract provided.
Brief For Appellant, Tippecanoe Logging Co.: Sixth Annual Pace National Environmental Moot Court Competition, Donna A. Heiser, Jennifer M. Lujan, David J. Norwood
Brief For Appellant, Tippecanoe Logging Co.: Sixth Annual Pace National Environmental Moot Court Competition, Donna A. Heiser, Jennifer M. Lujan, David J. Norwood
Pace Environmental Law Review
No abstract provided.
Brief For The Appellant, Tyler-2 Mining, Inc.: Sixth Annual Pace National Environmental Moot Court Competition, Kimberly A. Manuelides, Christine Nagle, Gary De Bruin
Brief For The Appellant, Tyler-2 Mining, Inc.: Sixth Annual Pace National Environmental Moot Court Competition, Kimberly A. Manuelides, Christine Nagle, Gary De Bruin
Pace Environmental Law Review
No abstract provided.
Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton
Review Of A Measure Of Malpractice: Medical Injury, Malpractice Litigation, And Patient Compensation, Vanessa Merton
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green
The Public Housing Tenancy: Variation On The Common Law That Give Security Of Tenure And Control, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This Article explores the character of the public housing tenancy, comparing it with the common law tenancy under private lease law and evaluating the degree to which private lease law will protect the interests of low-income families if current proposals to abolish existing in-kind housing programs are adopted. Part II of this Article traces the history of federally funded housing programs and describes the various strategies employed. Part III discusses the recent changes in modern private lease law and recounts the basic rights and obligations of the landlord and tenant, which define and govern the rights of low-income families under …
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
The Right To Effective Assistance Of Appellate Counsel, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article closely examines the Supreme Court's decision in Strickland v. Washington, as it applies to effective assistance of trial counsel. Part III analyzes the constitutional origin and current status of the right to effective assistance of counsel on appeal. Part IV discusses the functional differences between trial and appellate counsel, the differences in the two forums, and the different effect that a finding of ineffectiveness of counsel at trial or on appeal has on finality. Part V formulates a standard to govern ineffectiveness of appellate counsel claims that incorporates Strickland's “reasonable competence” standard, but applies that standard differently with …
Whose Crime Is It Anyway?: Liability For The Lethal Acts Of Nonparticipants In The Felony, Michelle S. Simon
Whose Crime Is It Anyway?: Liability For The Lethal Acts Of Nonparticipants In The Felony, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This Article explores the methodology that courts should employ when determining the liability of a defendant under the felony-murder doctrine, where the perpetration of a felony results in the death of a nonparticipant in the crime by another nonparticipant. Part I of the Article addresses the history of the doctrine, the policies that have sustained it throughout history, and the modern statutory promulgations of the rule. Part II explores not only how courts have handled the doctrine's causation requirement, but also how legislatures have responded to this requirement. Further, Part II discusses the court-created theories of agency and proximate cause. …
Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin
Operation Rescue Versus A Woman's Right To Choose: A Conflict Without A Federal Remedy?, Randolph M. Mclaughlin
Elisabeth Haub School of Law Faculty Publications
This article discusses the need for federal protection of women seeking abortion-related services and the denial of protection of those women by the Supreme Court's narrow holding in Bray. Part II examines the precedents leading up to the Bray decision. A review of these cases demonstrates that Operation Rescue is a national conspiracy aimed at eliminating the right to abortion. The group uses physical force and blockades clinics in order to deny women and health care workers access to these facilities. In light of the inability or unwillingness of local law enforcement agencies to provide access to the clinics and …
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
The Gate Is Open But The Door Is Locked - Habeas Corpus And Harmless Error, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Brecht is a paradigm of the Rehnquist Court's result-oriented approach to habeas corpus and harmless error. The decision purports to be a principled application of the policies of finality, federalism, and judicial economy that underlay the Court's new habeas and harmless error jurisprudence. It is, in fact, an unwarranted and unprincipled extension of those policies. Depending on how the lower federal courts interpret and implement the decision, Brecht could have a devastating impact on the way state prosecutors and judges administer criminal justice, as well as the ability of state prisoners to redress constitutional violations.
The Case For State Pollution Taxes, Richard L. Ottinger
The Case For State Pollution Taxes, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Pollution taxes are a sound environmental instrument. The principal means of controlling pollution in the United States is by command and control regulation, setting standards or limits on emissions and requiring particular pollution control technologies. Command and control regulation of pollution, while necessary to assure pollution reductions, has its limits. While much more certain of reducing pollution than pollution taxes would be, controls tend to be set only at levels that are politically acceptable. Seldom are the full social costs of pollution eliminated in pollution control standards, except where particularly noxious products are banned outright, such as the prohibitions against …
Supervisory Power Of The New York Courts, Bennett L. Gershman
Supervisory Power Of The New York Courts, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
This Article discusses the role of supervisory power in the judicial culture of New York. In order to place supervisory power in a context, Part II outlines the emergence and decline of supervisory power in the federal system. Part III then traces the origin of supervisory power in New York to Cardozo's dictum in Lemon. Part IV explains how supervisory power is an aspect of the much broader inherent judicial power, which finds expression in the familiar common law decision-making process. Part V discusses three principal areas in which supervisory power has been exercised by New York courts since Cardozo: …
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Queer Intersectionality And The Failure Of Recent Lesbian And Gay "Victories", Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Part I of this essay will introduce the queer theories underlying my critique and will outline the discrete positioning of lesbian and gay identity and community which labels these cases “victories.” The intersectionality of queer identity is the key blind spot in the litigation model. The queer continuum, a re-conceptualization of Adrienne Rich's lesbian continuum, delineates the spectrum of queer identity. Part II will explore the facts, issues and holdings of these four cases. My examination of these cases will reveal how they grant some rights to “but-for” queers, who, “but-for” their being lesbian or gay, would be “perfect citizens.” …
Draft Charter Of The International Tribunal For Violations Of International Humanitarian Law In The Former Yugoslavia
Pace International Law Review
No abstract provided.