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Pace University

2007

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Articles 31 - 60 of 96

Full-Text Articles in Law

Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard Jun 2007

Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard

Pace Law Review

No abstract provided.


The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling Jun 2007

The Hand That Rocks The Cradle: Maternal Gatekeeping After Divorce, Marsha Kline Pruett, Lauren A. Arthur, Rachel Ebling

Pace Law Review

No abstract provided.


A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie Jun 2007

A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie

Pace Law Review

No abstract provided.


Reforming Divorce: What's Needed And What's Not, Marsha Garrison Jun 2007

Reforming Divorce: What's Needed And What's Not, Marsha Garrison

Pace Law Review

No abstract provided.


O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman Jun 2007

O'Brien V. O'Brien: A Failed Reform, Unlikely Reformers, Ira Mark Ellman

Pace Law Review

No abstract provided.


Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller Jun 2007

Appendix A: Matrimonial Commission Of The State Of New York, Report To The Chief Judge Of The State Of New York , Sondra Miller

Pace Law Review

No abstract provided.


Best Brief For Appellant (Province & Village): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Corinne Fratini, Jeremy Syz Jun 2007

Best Brief For Appellant (Province & Village): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Bryce Baker, Corinne Fratini, Jeremy Syz

Pace Environmental Law Review

No abstract provided.


Comments On The Miller Commission Report: A California Perspective, Leonard Edwards Jun 2007

Comments On The Miller Commission Report: A California Perspective, Leonard Edwards

Pace Law Review

No abstract provided.


Triaging Family Court Services: The Connecticut Judicial Branch's Family Civil Intake Screen, Peter Salem, Debra Kulak, Robin M. Deutsch Jun 2007

Triaging Family Court Services: The Connecticut Judicial Branch's Family Civil Intake Screen, Peter Salem, Debra Kulak, Robin M. Deutsch

Pace Law Review

No abstract provided.


A Law Guardian By Any Other Name: A Critique Of The Report Of The Matrimonial Commission, Martin Guggenheim Jun 2007

A Law Guardian By Any Other Name: A Critique Of The Report Of The Matrimonial Commission, Martin Guggenheim

Pace Law Review

No abstract provided.


Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod Jun 2007

Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod

Pace Law Review

No abstract provided.


2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker, James Simpson Jun 2007

2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition, Mackenzie Schoonmaker, James Simpson

Pace Environmental Law Review

No abstract provided.


David Sive Award For Best Brief Overall: Brief For Appellees (The Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Katherine Gale, Nick Rogers Jun 2007

David Sive Award For Best Brief Overall: Brief For Appellees (The Companies): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Katherine Gale, Nick Rogers

Pace Environmental Law Review

No abstract provided.


Best Brief For Appellee (Epa): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Lauren S. Christopher, Andrew F. Lopez Jun 2007

Best Brief For Appellee (Epa): Nineteenth Annual Pace National Environmental Law Moot Court Competition, Lauren S. Christopher, Andrew F. Lopez

Pace Environmental Law Review

No abstract provided.


Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman May 2007

Integrating The Complexity Of Mental Disability Into The Criminal Law Course, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman May 2007

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher May 2007

Local Inclusionary Housing Programs: Meeting Housing Needs, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article explores the expansive legal authority that local governments in many states have to meet housing needs directly by providing for the production of new affordable homes. There is not a great deal of scholarship on the subject as we approach it. The emphasis in the academic literature in the field of affordable housing is on top-down, systemic, or theoretical solutions: urging reforms in federal and state finance programs, imploring courts to penalize localities that engage in exclusionary zoning, describing in detail a variety of inclusionary zoning techniques, or explaining relevant theories or the economics of the issue of …


Green Light For Green Infrastructure, Alexandra Dapolito Dunn May 2007

Green Light For Green Infrastructure, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher Apr 2007

Global Warming: Zoning May Be An Antidote To Climate Change, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through the use of transit oriented development (TOD) several New York municipalities have transformed into more sustainable communities by reducing greenhouse gas emissions. Contrary to popular belief, these municipalities proved that reduction of emissions is possible while still expanding economic growth. This article highlights several success stories in a variety of community landscapes beginning with a look at urban redevelopment in Yonkers, White Plains, and New Rochelle, New York, and then transitions to suburban success stories in Orangetown, and several municipalities along the Bear Mountain Parkway.


Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield Apr 2007

Adding Colors To The Chameleon: Why The Supreme Court Should Adopt A New Compelling Governmental Interest Test For Race-Preference Student Assignment Plans, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

When the Supreme Court ordered the City of Birmingham to desegregate its schools in 1954, it failed to consider the long range implications of its mandate. School districts across the country responded to the Court’s order by adopting race-preference school assignment plans, created to designate the particular public elementary or secondary school a student should attend. Now that these plans have successfully achieved their goals of desegregating classrooms, the question has become whether the continuation of the very programs that helped achieve those goals remain legal? In other words, as Justice Ginsburg recently said in arguments before the Supreme Court, …


Moot Court In Global Language Of Trade, Mark R. Shulman Apr 2007

Moot Court In Global Language Of Trade, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey Apr 2007

Death Penalty Jurisprudence In New York And The Supremacy Clause Of The United States Constitution: How Supreme Is It?, Joseph E. Fahey

Pace Law Review

No abstract provided.


The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss Apr 2007

The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss

Pace Law Review

No abstract provided.


Can A Jury Believe My Eyes, And Should Courts Let Experts Tell Them Why Not? The Admissibility Of Expert Testimony On Cross-Racial Eyewitness Identification In New York After People V. Young, Jody E. Frampton Apr 2007

Can A Jury Believe My Eyes, And Should Courts Let Experts Tell Them Why Not? The Admissibility Of Expert Testimony On Cross-Racial Eyewitness Identification In New York After People V. Young, Jody E. Frampton

Pace Law Review

No abstract provided.


A Sign-Post Without Any Sense Of Direction: The Supreme Court's Dance Around The Inevitable Discovery Doctrine And The Exclusionary Rule In Hudson V. Michigan, David A. Stuart Apr 2007

A Sign-Post Without Any Sense Of Direction: The Supreme Court's Dance Around The Inevitable Discovery Doctrine And The Exclusionary Rule In Hudson V. Michigan, David A. Stuart

Pace Law Review

No abstract provided.


Pangaea: Converging Global Approaches To Bundled Brokerage And Soft Dollar Practices, Andrew R. Mannarino Apr 2007

Pangaea: Converging Global Approaches To Bundled Brokerage And Soft Dollar Practices, Andrew R. Mannarino

Pace Law Review

No abstract provided.


A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin Apr 2007

A Warning To States — Accepting This Invitation May Be Hazardous To Your Health (Safety, And Public Welfare): An Analysis Of Post-Kelo, Joshua Ulan Galperin

Elisabeth Haub School of Law Faculty Publications

Focusing on Delaware, this article will argue that the United States Supreme Court's decision in Kelo v. New London gave state legislatures an open invitation to shape their public use frameworks, but their responses must be measured and well-reasoned because the consequences of reactionary legislation may put a stranglehold on state and local governments trying to exercise eminent domain for unanimously accepted public uses. Part I will trace the most pertinent federal jurisprudence through Kelo. Part II will survey Delaware’s public use jurisprudence. Part III will introduce the Delaware General Assembly’s legislative response to Kelo. Part IV will serve as …


The Mighty Myths Of Kelo, John R. Nolon Apr 2007

The Mighty Myths Of Kelo, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The press releases of property rights activists and the media’s rapid embrace of their views have perpetuated several myths about the U.S. Supreme Court’s decision in Kelo v. New London. In the immediate aftermath of this myth making, the legislatures of several states have adopted restrictions on the use of eminent domain with uncharacteristic speed. Wisely, the New York State Legislature has been more cautious in its reaction.


Didden V. Port Chester: Placing Eminent Domain Debate In Proper Perspective, John R. Nolon, Jessica A. Bacher Feb 2007

Didden V. Port Chester: Placing Eminent Domain Debate In Proper Perspective, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Controversy often arises when landowners in blighted areas resist government driven urban-renewal condemnation of their property. Often, these urban-renewal areas, the scope of which is determined after extensive study, are condemned and transferred to a private developer who has an overall plan for the entire designated area. This article discusses the issues that arise when private property interests are overridden by public interests and how urban renewal will help revitalize the economies of troubled inner-city regions.


"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson Feb 2007

"Forever Wild": New York's Constitutional Mandates To Enhance The Forest Preserve, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Professor Robinson explores some of the evident, and also some of the less apparent legal implications that can be drawn from recognizing the implicit “land ethic” that resides within the “forever wild” conception of the Forest Preserve in New York’s Constitution. It is his thesis that the executive branch of State government, our Governors and most of our other State and local authorities, have observed the mandates of Article XIV most shallowly. They have ignored their stewardship duties to promote “forever wild forest lands.” Civic groups, and courts should not only concern themselves with the task of keeping government from …