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Full-Text Articles in Law

Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher Dec 2006

Courts Have Decided A Wide Range Of Issues, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In 2006, as in most years, the New York courts have decided a broad range of land use issues. This article summarizes the impacts of several of these important decisions. Specifically, this article covers the following land use topics: affordable housing, statute of limitations, res judicata, standing to sue, enforcement of injunctions, takings law, vested rights, property annexation, religious land uses, New York’s State Environmental Quality Review Act (SEQRA), and judicial review of local board actions.


Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher Nov 2006

Affordable Housing In The New York Courts: A Case For Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article reviews the position of the New York courts on the obligation of local governments to zone for affordable housing and concludes that it is time for legislative action at the state level. Although municipalities are beginning to adopt inclusionary zoning ordinances, most are doing little to eliminate barriers to housing or stimulate needed production. Additional encouragement, guidance, and resources are needed to create an adequate supply of affordable housing. After a review of the affordable housing cases, this article reviews what other state legislatures have done in recent years, and proposes the adoption of a Local Housing Planning ...


Court Prods Municipality: Other States Offer Large Number Of Models To Consider, John R. Nolon, Jessica A. Bacher Oct 2006

Court Prods Municipality: Other States Offer Large Number Of Models To Consider, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The state legislature’s decision to leave the creation of affordable housing to New York’s local governments has resulted in a segmented, slowly evolving, and insufficient resolution to a statewide problem. For example, the Orange County Supreme Court, in Land Master v. Montgomery, struck down a zoning law that eliminated all as-of-right multifamily development, in a municipality where affordable housing was in urgent need. This article reviews comprehensive initiatives from other states, and suggests that through the adoption of a state legislation and planning, the affordable housing problem is rectifiable


Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford Oct 2006

Tax Practice In A Circular Revolution: A Review Of Pli's Circular 230 Deskbook, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

This short review essay evaluates the Practicing Law Institute's Circular 230 Deskbook by Jonathan G. Blattmachr, Mitchell M. Gans and Damien Rios. For attorneys, accountants and others who "practice" before the IRS, the Circular 230 Deskbook is a masterful analysis and an important guide to the Internal Revenue Service's labyrinthine rules and regulations governing tax penalties, reportable transactions and the conduct of tax practitioners.

Most tax attorneys and accountants have reacted to the recent changes to Circular 230 by appending banner notices to all written communications. Without fully understanding the underlying rules, however, a practitioner cannot be sure ...


Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher Sep 2006

Affordable Housing: A Case For State Legislative Action, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Efforts by municipalities to promote affordable housing have proven to be insufficient as evidenced by the skyrocketing real estate prices in the New York metropolitan area. Historically, New York courts have struggled with the affordable housing issue, often issuing inconsistent decisions on what types of local laws are unconstitutionally exclusionary. By utilizing other states’ initiatives as a guide, New York can create a comprehensive affordable housing bill that will effectively provide for affordable housing and relieve some of the pressures on the judiciary caused by past ambiguous legislation.


The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield Sep 2006

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.


Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler Sep 2006

Is There A Compelling Interest To Compel ? Examining Pre-Hearing Subpoenas Under The Federal Arbitration Act, Dean W. Sattler

Pace Law Review

No abstract provided.


Carpe Diem: An Opportunity To Reclaim Lawyers' Independence, Louis A. Craco Sep 2006

Carpe Diem: An Opportunity To Reclaim Lawyers' Independence, Louis A. Craco

Pace Law Review

No abstract provided.


Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews Sep 2006

Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews

Pace Law Review

No abstract provided.


Why Health Courts Are Unconstitutional, Amy Widman Sep 2006

Why Health Courts Are Unconstitutional, Amy Widman

Pace Law Review

No abstract provided.


Sustainable Energy Law In Latin America, Victor M. Tafur Sep 2006

Sustainable Energy Law In Latin America, Victor M. Tafur

Dissertations & Theses

This dissertation addresses legal issues at the intersection of energy and environmental law in Latin America. It is intended for legal and non–legal researchers, scholars and decision-makers in the Latin American region and worldwide, as a contribution to understanding the complexities and particularities involved at the nexus of energy and environmental law in the Latin American context. To achieve these goals, the study analyses the legal principles behind energy and environmental regulation in the region, compares specific energy and environmental laws in various countries of Latin America, and advances several theses as a result of the analysis.


Exile Or Opportunity? The Benefits Of Mastering U.S. Law, Mark R. Shulman Sep 2006

Exile Or Opportunity? The Benefits Of Mastering U.S. Law, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon Sep 2006

Historical Overview Of The American Land Use System: A Diagnostic Approach To Evaluating Governmental Land Use Control, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article describes how the American land use system has evolved to address recent environmental and economic development problems. It begins by tracing the history of the legal system used in the United States to control private sector land development and demonstrates how it achieved the flexibility needed to respond to modern challenges. The American land use system has paid a price for this flexibility: it is not a coherent whole, but rather a fragmented mosaic of legal influences. Impressive examples of cohesion are cited that suggest a strategic approach to reforming the system so that it can become an ...


Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum Aug 2006

Internalizing Gender: International Goals, Comparative Realities, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

This Article uses the example of international women's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose ...


Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon Jun 2006

Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

As the price of housing continues to rise in the New York metropolitan area, municipalities have begun creating inclusionary housing ordinances to ensure working families have a place to call home. This article analyzes the effects of inclusionary zoning ordinances on the economics of affordable housing and suggests several potential methods that local, state, and federal government may utilize to ease the financial burden on developers willing to construct affordable housing projects.


2006 Judges' Edition Bench Memorandum: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Erin Flanagan Jun 2006

2006 Judges' Edition Bench Memorandum: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Erin Flanagan

Pace Environmental Law Review

No abstract provided.


David Sive Award For Best Brief Overall: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Patrick Muench, Matthew Mcdonald, Dionne Padilla Jun 2006

David Sive Award For Best Brief Overall: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Patrick Muench, Matthew Mcdonald, Dionne Padilla

Pace Environmental Law Review

No abstract provided.


Best Brief For Appellee: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Amanda Edge-Gougeon, Michael Bentley Jun 2006

Best Brief For Appellee: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Amanda Edge-Gougeon, Michael Bentley

Pace Environmental Law Review

No abstract provided.


Best Brief For Intervenor: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Justin Garratt, Mari Lane Jun 2006

Best Brief For Intervenor: Eighteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Justin Garratt, Mari Lane

Pace Environmental Law Review

No abstract provided.


Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher Apr 2006

Local Housing Efforts: The Maturation Of Laws Promoting Affordability, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

A shortage of workforce housing, especially in the New York metropolitan area where real estate prices are rapidly increasing, has long been a critical land use issue. Since amendments to New York state law that explicitly stated municipalities’ implied power to incentivize affordable housing, municipalities have begun to create innovative laws to promote affordable housing. This review describes some of the basic concepts behind the affordable housing movement, and the considerations of local legislatures in defining, and providing for affordable housing.


Moot Court Diplomacy, Mark R. Shulman Apr 2006

Moot Court Diplomacy, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson Jan 2006

Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman Jan 2006

The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield Jan 2006

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an overview of the Federal Courts’ interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.


The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann Jan 2006

The Emergence Of Exacted Conservation Easements, Jessica Owley Lippmann

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


"Can You Hear Me Now?": Expectations Of Privacy, False Friends, And The Perils Of Speaking Under The Supreme Court's Fourth Amendment Jurisprudence, Donald L. Doernberg Jan 2006

"Can You Hear Me Now?": Expectations Of Privacy, False Friends, And The Perils Of Speaking Under The Supreme Court's Fourth Amendment Jurisprudence, Donald L. Doernberg

Elisabeth Haub School of Law Faculty Publications

Part I of this article offers a brief history of the development of Fourth Amendment jurisprudence and the Court's articulation and application of what has come to be known as the exclusionary rule, which forbids some (but not all) government use of evidence seized in violation of the Fourth Amendment. Part II focuses on the false-friend cases, elaborating the Court's reasoning and showing why, although the most famous cases involve varying kinds of activity from electronic recording to eavesdropping to simple reporting of the false friend's observation, the Court's method has united these cases under a ...


A Strategy For Developing Stationary Biodiesel Generation, Karl R. Rábago Jan 2006

A Strategy For Developing Stationary Biodiesel Generation, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

This paper discusses the drivers of change in the electricity system and the opportunities presented for biodiesel electric generation in this context. This paper also introduces the primary issues facing increased utilization of biodiesel—both those that challenge increased use of the fuel and those that support this use. Finally, the paper presents key elements of a strategy for realizing the potential of an electric generation infrastructure that incorporates more distributed biodiesel generation in the near term and even more distributed energy resources over the longer term.


Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross Jan 2006

Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Part I of this article will provide a brief history of ADR in the securities industry (primarily arbitration), and then will describe the emergence of mediation as an alternative to arbitration. Part II will explore the state and federal statutory regulations that arguably govern the securities mediation process, and their impact on procedural and substantive justice. In particular, this section will review the applicability to and impact on securities mediation of the Securities Exchange Act of 1934 (1934 Act), the Federal Arbitration Act (FAA), and state mediation statutes, including the Uniform Mediation Act. In this section, I will argue that ...


Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon Jan 2006

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land ...


Katrina's Lament: Reconstructing Federalism, John R. Nolon Jan 2006

Katrina's Lament: Reconstructing Federalism, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The subject of stormwater management raises threshold questions about the federal system. Is the regulation of stormwater runoff and the environmental pollution it causes within the federal government's legal jurisdiction? Is it a matter reserved to the states under the Tenth Amendment? Or is it a joint responsibility and, if so, precisely how is federal and state authority shared? How does the delegation of power by states to local governments to regulate the use of privately owned land affect the federal-state division of power? What limits should there be on local control of land uses that cause “nonpoint source ...