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Full-Text Articles in Law

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher Dec 2008

Land Use Cases Highlight Lessons, Evolving Patterns: The Year In Review, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

New York courts busily decided a multitude of land use cases in 2008 due to the increased growth in magnitude and complexity of land use issues. This year, as in the past, the authors summarize some of the most important cases. This year’s cases include the following topics: judicial deference to land use board decisions, zoning boards of appeals discretion, standard local practice, the New York State Environmental Quality Review Act, statute of limitations, affordable housing, and eminent domain.


The Case For Collaborative Tools, Lucie Olejnikova Dec 2008

The Case For Collaborative Tools, Lucie Olejnikova

Elisabeth Haub School of Law Faculty Publications

This article shares our experiences and outlines how we used free online collaborative tools to make the long distance seem short. This article also discusses the advantages and disadvantages of long-distance collaboration and how to apply the same tools and principles to a variety of work settings, such as law firms, firm libraries, court libraries, public libraries, and academic libraries. In addition, we mention the psycho-sociological aspects of a long-distance, Web-based communication, as well as its impact on project administration and budget.


Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher Oct 2008

Bill Would Encourage Effective Dispute Resolution, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many of the processes involved in traditional local land use review procedures involve two or more adversarial parties arguing their position with little to no consideration for the other party’s interest, and no regard for mutually beneficial outcome. This article describes a proposed New York law that would promote the use of mediation to supplement the traditional process. The article discusses studies geared towards testing the effectiveness of mediation, gives a review of out of state mediation legislation, as discusses corresponding court decisions. Finally, the article concludes with a review of the traditional roles of lawyers in the process ...


Electronically Manufactured Law, Katrina Fischer Kuh Oct 2008

Electronically Manufactured Law, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

This Article seeks to strengthen the case for the academy and the legal profession to pay heed to the consequences of the shift to electronic research, primarily by employing cognitive psychology to guide predictions about the impacts of the shift and, thereby, address a perceived credibility gap. This credibility gap arises from the difficulty and imprecision in postulating how changes in the research process translate into changes in researcher behavior and research outcomes. Applying principles of cognitive psychology to compare the print and electronic research processes provides an analytical basis for connecting changes in the research process with changes in ...


The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman Sep 2008

The Most Dangerous Power Of The Prosecutor, Bennett L. Gershman

Pace Law Review

No abstract provided.


Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming Sep 2008

Feticide Laws: Contemporary Legal Applications And Constitutional Inquiries, Marka B. Fleming

Pace Law Review

No abstract provided.


Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz Sep 2008

Civil Liability For Aiding And Abetting: Should Lawyers Be "Privileged" To Assist Their Clients' Wrongdoing?, Eugene J. Schiltz

Pace Law Review

No abstract provided.


Down But Not Out: How School Districts May Utilize Race-Conscious Student Assignments In The Wake Of Parents Involved In Community Schools V. Seattle School District No. 1, Michael A. Stevens Sep 2008

Down But Not Out: How School Districts May Utilize Race-Conscious Student Assignments In The Wake Of Parents Involved In Community Schools V. Seattle School District No. 1, Michael A. Stevens

Pace Law Review

No abstract provided.


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Sep 2008

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

Pace Law Review

No abstract provided.


Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns Sep 2008

Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns

Pace Law Review

No abstract provided.


Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini Sep 2008

Balancing Individual And Societal Interests Under The First Amendment: How The Eighth Circuit Saved Fantasy Baseball, Salvatore Vetrini

Pace Law Review

No abstract provided.


Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher Aug 2008

Solar Energy: New York City Sets Pace In Adopting Sound Policies, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Through state legislation and local land use powers, municipalities in New York have authority to facilitate solar energy usage and reduce carbon emissions. This article analyzes several specific New York and municipal legislative provisions enabling New York’s municipalities to encourage or discourage solar energy. Interestingly, many of the tools discussed in this article are variations of pre-existing traditional land use tools such as, variances, subdivision design requirements, or fee exemptions.


Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon Jul 2008

Shifting Ground To Address Climate Change: The Land Use Law Solution, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This article conceives and describes a Land Use Stabilization Wedge: a strategy that aggregates these five wedges and further organizes strategic energies. This builds on Socolow’s optimistic assertion that “an excuse for inaction based on the world’s lack of technological readiness does not exist.” I assert that the existing legal authority of state and local governments to regulate and guide land use and building is a powerful “technology already deployed somewhere in the world.” The Land Use Stabilization Wedge aggregates several of Socolow’s initiatives and employs multiple mitigation techniques available to citizens in every locality in the ...


How Low Can You Go? Some Consequences Of Substituting A Lower Afr Note For A Higher Afr Note, Bridget J. Crawford Jul 2008

How Low Can You Go? Some Consequences Of Substituting A Lower Afr Note For A Higher Afr Note, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Instead of paying off a high-interest-rate note to a family member with cash or with non-cash assets that might result in the recognition of gain, it appears possible for a borrower to issue a new note at the lower current AFR and substitute it for the old note, without adverse tax consequences. Intrafamilial arrangements labeled as loans have long invited special scrutiny from the IRS. In some cases, the Service has successfully established that the arrangement was not a loan but another type of transfer, such as a gift. In the wake of several IRS victories in cases where somewhat ...


Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green Jun 2008

Practitioners Need Broader Expertise: Real Estate Law Is Undergoing Profound Changes, John R. Nolon, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article discusses the sweeping modifications to real estate law practice as legislators, courts, and lawyers attempt to accommodate a number of real world challenges. The authors’ discussion analyzes several of these transitioning influences, such as an increase in environmental concerns, shifts in environmental legislation, the subprime mortgage crisis, the effect Kelo v. New London has on the lawyers’ role in facilitating redevelopment, as well as the influence of new E-sign laws has on drafting real estate documents.


Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas Jun 2008

Brief For Stephen Johnson, Administrator, U.S. Environmental Protection Agency, Appellee: Twentieth Annual Pace National Environmental Law Moot Court Competition, Caroline Brady, Preston Mclane, Ramona Thomas

Pace Environmental Law Review

No abstract provided.


Consent To Harm, Vera Bergelson Jun 2008

Consent To Harm, Vera Bergelson

Pace Law Review

No abstract provided.


New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson Jun 2008

New Rights And Remedies: The Federal Crime Victims' Rights Act Of 2004, David E. Aaronson

Pace Law Review

No abstract provided.


Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez Jun 2008

Doctrines Regarding The Fight Against Impunity And The Victim's Right For The Perpetrator To Be Punished, Jesus-Maria Silva Sanchez

Pace Law Review

No abstract provided.


Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno Jun 2008

Old Wine In New Wineskins? Appraising Professor Bergelson's Plea For Comparative Criminal Liability, Inigo Ortiz De Urbina Gimeno

Pace Law Review

No abstract provided.


Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa Jun 2008

Foreword Symposium: Victims And The Criminal Justice System, Luis E. Chiesa

Pace Law Review

No abstract provided.


Victims And The Significance Of Causing Harm, Guyora Binder Jun 2008

Victims And The Significance Of Causing Harm, Guyora Binder

Pace Law Review

No abstract provided.


Child Pornography's Forgotten Victims, Audrey Rogers Jun 2008

Child Pornography's Forgotten Victims, Audrey Rogers

Pace Law Review

No abstract provided.


Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa Jun 2008

Of Persons And The Criminal Law: (Second Tier) Personhood As A Prerequisite For Victimhood, Luis E. Chiesa

Pace Law Review

No abstract provided.


Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia Jun 2008

Victims And Self-Liability In Criminal Law: Beyond Contributive Negligence And Foreseeability (Without Blaming The Victim), Maniel Cancio Melia

Pace Law Review

No abstract provided.


Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher Jun 2008

Should Being A Victim Of A Crime Be A Defense To The Same Or A Different Crime?, Russell L. Christopher

Pace Law Review

No abstract provided.


Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez Jun 2008

Corporations As Victims Of Mismanagement: Beyond The Shareholders Vs. Managers Debate, Carlos Gomez-Jara Diez

Pace Law Review

No abstract provided.


The Ideal Victim, Leo Zaibert Jun 2008

The Ideal Victim, Leo Zaibert

Pace Law Review

No abstract provided.


Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke Jun 2008

Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

What are the personal management skills that lawyers need to possess (or develop, as the case may be), here is a short list: organization, time management, financial management, facility with technology, people skills, an ability to communicate, personal marketing skills and career skills. Although future columns will add flesh to the bones of these personal management skills, a skeletal overview may help to understand what this article is talking about.


Brief For Laconic Baykeeper, Inc., Ima Fisher, Sam Schwimmer, Appellants/Cross-Appellees: Twentieth Annual Pace National Environmental Law Moot Court Competition, Alena Buitrago, Megan Bussey, Mindy Nunez Jun 2008

Brief For Laconic Baykeeper, Inc., Ima Fisher, Sam Schwimmer, Appellants/Cross-Appellees: Twentieth Annual Pace National Environmental Law Moot Court Competition, Alena Buitrago, Megan Bussey, Mindy Nunez

Pace Environmental Law Review

No abstract provided.