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Pace University

1997

Elisabeth Haub School of Law Faculty Publications

Articles 1 - 16 of 16

Full-Text Articles in Law

Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon Dec 1997

Recreational Zoning: Concept Used In Inappropriate Context Raises Troubling Issues, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Second Department Appellate Division’s holding in Bonnie Briar Syndicate, Inc. v. Mamaroneck upheld local rezoning in Mamaroneck, New York, from residential to recreational use despite legal challenges that the zoning change constituted an unreasonable use of municipal police power as well as a regulatory taking. The case cited several New York precedents. Each held that so long as rezoning is in accordance with the local comprehensive plan, the zoning shall be held constitutional. However, concerns linger among private residents and local municipalities regarding recreational rezoning projects, which despite providing significant benefits for the community, must be justified by a …

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City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon Oct 1997

City's Watershed Regulation: Localities, Landowners Object To Changes In Jurisdiction, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The Watershed Rules and Regulations, created by New York City’s Department of Environmental Protection, influence several facets of law, including the ability of local governments to regulate actions such as construction. Several landowners in the affected area have taken issue with the regulation. Specifically, they challenge the constitutionality of the city’s extraterritorial control on outside municipalities because of the resulting diminutive effect of the regulations on private property values. This article discusses these issues, as well as the legal ability for potential plaintiffs to sue.

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Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon Jul 1997

Rfra Is Not Needed: New York Land Use Regulations Accommodate Religious Use, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The case of City of Boerne v. Flores marked an important day in the history of the Constitution. The decision of the United States Supreme Court invalidated the Religious Freedom Restoration Act as applied to a local Texas zoning ordinance. The ordinance created a historical preservation area in an attempt to curb a church from expanding its buildings. The Supreme Court held that the Freedom Restoration Act went beyond Congress’s power because of the Act’s broad coverage and potential to intrude on laws regardless of context. This holding parallels the general application of the New York case law, which, generally …

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The Story Of My Life, Bennett L. Gershman Apr 1997

The Story Of My Life, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie Jan 1997

Second Hand Smoke And Child Custody Determinations--A Relevant Factor Or A Smoke Screen?, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The thesis of this brief article is simply that the tobacco habits of a parent are relevant and worthy of consideration when a child is asthmatic, or suffers from some other definable medical condition which would be exacerbated by passive smoke. However, when the child is healthy and there exists no definitive short-term medical risk, the issue should be irrelevant. In other words, the court should consider those factors, and only those factors, which are of significant importance to the child, such as stability, caretaker skills, home environment and the child's wishes. Concededly, second-hand smoke is harmful even to a …

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Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson Jan 1997

Attaining Systems For Sustainability Through Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Five years have passed since the historic Earth Summit. Although significant progress has been made since Rio, much remains to be done. Poverty and environment degradation continue to affect the lives of millions of people in many parts of the world. Global warming, the loss of biological diversity, the spread of deserts, deforestation, the crisis in many of our cities remind us every day of the challenges which confront us. The unsustainable patterns of consumption and production continue to be the major cause of environmental degradation worldwide. This is therefore not an occasion for complacency or mindless celebration. It is, …

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Tribute To Barbara Salken, Donald L. Doernberg Jan 1997

Tribute To Barbara Salken, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

What can one say about Barbara Salken? To recite her “tangible” accomplishments as a teacher, scholar, and colleague is almost certainly to miss the point and to understate her contributions. Any attempt to convey a real sense of her as a person through words on a page is doomed to failure. This is a person of whom one can truly say, “You had to be there.”

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Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman Jan 1997

Judicial Interference With Effective Advocacy By The Defense, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

A fundamental premise of the American criminal justice system is defense counsel's zealous professional advocacy. Representation of a criminal defendant to be effective must be vigorous. In administering a trial, judges have a duty to ensure a fair and orderly proceeding. On occasion, however, judges overstep the line and impede defense counsel's advocacy functions unfairly. This article describes some of the ways that trial judges may violate legal and ethical standards by improperly interfering with defense counsel's courtroom functions.

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Tribute To Barbara Salken, Michelle S. Simon Jan 1997

Tribute To Barbara Salken, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Tribute To Barbara Salken, Bennett L. Gershman Jan 1997

Tribute To Barbara Salken, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Tribute To Barbara Salken, Richard L. Ottinger Jan 1997

Tribute To Barbara Salken, Richard L. Ottinger

Elisabeth Haub School of Law Faculty Publications

Barbara Salken was an extraordinary person and professor. Her love of teaching and her students was unparalleled, exemplified by her determination to come to the Law School and teach in the midst of her illness and treatment, right up to the end of her wonderful life. Uniquely, she was three times voted by the graduating students as Outstanding Professor of the Year, most recently at last year's commencement. She was a cornerstone of the school, her first love after her family.

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The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton Jan 1997

The Utility Of International Law For Protecting Women's Health Rights, Vanessa Merton

Elisabeth Haub School of Law Faculty Publications

There is one area, however, where international law seems to hold promise; certain cultural practices that pose special, direct threats to the lives and health of women (although male infants and children often share women's vulnerability in this regard). I have in mind sexual slavery, coercive prostitution and pornographic exploitation, rape, compulsory marriage, coerced impregnation and its converse, coerced abortion and sterilization; spousal abuse, dowry deaths and coerced suicide, female infanticide and sex-specific abortion. All of these practices are the product not of microbes, poor hygiene, or a lack of health care, but of deliberate human behavior. All these practices …

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Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan Jan 1997

Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …

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Tribute To Barbara Salken, Michael B. Mushlin Jan 1997

Tribute To Barbara Salken, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg Jan 1997

"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …

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Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield Jan 1997

Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.

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