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Full-Text Articles in Law

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.


Architects? We Don't Need No Stinkin' Architects, Jack Mcneill May 2008

Architects? We Don't Need No Stinkin' Architects, Jack Mcneill

Elisabeth Haub School of Law Faculty Publications

The author chronicles the participation of the Library staff in the renovation of Pace Law Library.


The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan May 2008

The Externalities Of Nuclear Power: First, Assume We Have A Can Opener . . ., Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this problem will be solved in the future. Unfortunately, this is the same assumption made by nuclear energy proponents at the beginning of the nuclear industry fifty years ago. We haven’t solved the nuclear waste problem in the past half century, and there is no reason to think we will be more likely to do so in the next one. Like the shipwrecked economist …


Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford May 2008

Postmortem Rights Of Publicity: The Federal Estate Tax Consequences Of New State-Law Property Rights, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

California recently passed legislation that creates retroactive, descendible rights of publicity. The New York State Assembly is poised to enact similar legislation. Legal recognition of postmortem rights of publicity permits a decedent's named beneficiaries or heirs to control (and financially benefit from) use of a deceased personality's image and likeness. Legislators, proponents of these laws, and legal commentators have overlooked two significant federal estate tax consequences of these new state law property rights. First, a descendible right of publicity likely will be included in a decedent's gross estate for federal estate tax purposes. Second, the estate tax value of rights …


The Political Use Of Private Benevolence: The Statute Of Charitable Uses, James J. Fishman Apr 2008

The Political Use Of Private Benevolence: The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

This article examines the circumstances that led to the passage of the Statute of Charitable Uses of 1601, whose preamble unintentionally created a definition charity that resonates in the law today. The Statute was part of a legislative package of poor laws passed by Parliament to deal with an economic and political crisis that threatened the Tudor regime. The Statute’s primary purpose was to provide a mechanism to make trustees accountable for the appropriate administration of charitable assets, which in turn would encourage increased private charity for the relief of poverty, lessoning the tax burden of poor relief. Certain charitable …


Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher Apr 2008

Vested Rights: Do Land Developers Need More Protection?, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

The general doctrine of vested rights protects developers from changes in zoning after they have received a valid building permit. This article explains the two varieties of vested rights laws New York: statutory, and common law. Also discussed, is a new proposal for vested rights legislation that would increase protection for developers over the existing laws. The article closes by citing of some of the concerns with vested rights such as the single integrated project theory, losing vested rights by abandonment, and the equitable estoppel rule.


Fairness And Equity In Climate Change, Friedrich Soltau Apr 2008

Fairness And Equity In Climate Change, Friedrich Soltau

Dissertations & Theses

Questions of fairness and equity are central to the challenge of tackling global climate change. The complexity of the question arises from the global and long-term nature of the problem. At the same time, the impacts are localized and differentiated, so that states least able to respond are those that will be hardest hit. Policies and measures to abate – mitigate – greenhouse gas (GHG) emissions demand the decision-making under conditions of uncertainty and the commitment of resources beyond the time horizon of politics-as-usual. And while international environmental law has achieved notable successes, it has arguably not confronted a challenge …


The Insanity Of The Mens Rea Model: Due Process And The Abolition Of The Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman Apr 2008

The Insanity Of The Mens Rea Model: Due Process And The Abolition Of The Insanity Defense, Jean K. Gilles Phillips, Rebecca E. Woodman

Pace Law Review

No abstract provided.


Too Close For Comfort: The Potential Dilemma Facing The Securities And Exchange Commission And The Public Accounting Oversight Board, David H. Roberts Apr 2008

Too Close For Comfort: The Potential Dilemma Facing The Securities And Exchange Commission And The Public Accounting Oversight Board, David H. Roberts

Pace Law Review

No abstract provided.


Don't Take My Sunshine Away: Right-To-Light And Solar Energy In The Twenty-First Century, Tawny L. Alvarez Apr 2008

Don't Take My Sunshine Away: Right-To-Light And Solar Energy In The Twenty-First Century, Tawny L. Alvarez

Pace Law Review

No abstract provided.


Iraq As A Psychological Quagmire: The Implications Of Using Post-Traumatic Stress Disorder As A Defense For Iraq War Veterans, Erin M. Gover Apr 2008

Iraq As A Psychological Quagmire: The Implications Of Using Post-Traumatic Stress Disorder As A Defense For Iraq War Veterans, Erin M. Gover

Pace Law Review

No abstract provided.


Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller Apr 2008

Death Becomes The State: The Death Penalty In New York State - Past, Present And Future, Deborah L. Heller

Pace Law Review

No abstract provided.


The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman Mar 2008

The "Fetal Protection" Wars: Why America Has Made The Wrong Choice In Addressing Maternal Substance Abuse - A Comparative Legal Analysis, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Why Is It A Crime To Stomp On A Goldfish? Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa Mar 2008

Why Is It A Crime To Stomp On A Goldfish? Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

In the article it is argued that, contrary to what prominent animal law scholars such as Gary Francione claim, we have decided to criminalize harm to animals primarily because we are concerned about the wellbeing of such creatures, not because doing so furthers some other human interest. I do so in four parts.

Part I provides a brief historical analysis of animal cruelty laws that will show that, although many of these statutes were originally enacted as a way to protect private property, there has been a marked trend, specially in recent times, to punish animal cruelty regardless, and sometimes …


Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher Feb 2008

Wind Power: An Exploration Of Regulations And Litigation, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Wind power presents an opportunity to harness a sustainable renewable energy source without the use of fossil fuels, which creates a great opportunity to mitigate climate change. However, the large turbines necessary to harness wind energy present several land use issues. This article, in addition to giving an introduction into the benefits of wind power, discusses several of these issues including comprehensive planning, moratoriums on development, and various options and land use tools local governments may use to legally implement wind power within their jurisdictions.


Perceptions Of Fairness In Securities Arbitration: An Empirical Study, Jill I. Gross Feb 2008

Perceptions Of Fairness In Securities Arbitration: An Empirical Study, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Report to the Securities Industry Conference on Arbitration (SICA) documents the results of the authors’ empirical study, through a one-time mailed survey, of survey participants’ perceptions of fairness of securities Self-Regulatory Organization (SRO) arbitrations involving customers. The survey was designed to assess participants’ perceptions of the: (1) fairness of the SRO arbitration process; (2) competence of arbitrators to resolve investors’ disputes with their broker-dealers; (3) fairness of SRO arbitration as compared to their perceptions of fairness in securities litigation in similar disputes; and (4) fairness of the outcome of arbitrations.


Tortious Interference With Expectancy Of Inheritance Or Gift--Suggestions For Resort To The Tort, Irene D. Johnson Feb 2008

Tortious Interference With Expectancy Of Inheritance Or Gift--Suggestions For Resort To The Tort, Irene D. Johnson

Elisabeth Haub School of Law Faculty Publications

This article examines the various factual circumstances in which a tort recovery for interference with the expectancy of inheritance or gift might be available, either as the only possible remedy for the disappointed expectant person or as an alternative to a remedy at equity or at probate, and determines, in regard to each circumstance, whether a cause of action in tort should be available. This tort has received recent attention, especially in light of the substantial awards, both compensatory and punitive, in a California Bankruptcy Court, 253 B.R. 550 (Bankr. C.D. Cal 2000), and, on appeal, in the U,S. District …


The Protection Of The Marine Environment From Land-Based Pollution And Activities: Gauging The Tides Of Global And Regional Governance, Ann Powers Jan 2008

The Protection Of The Marine Environment From Land-Based Pollution And Activities: Gauging The Tides Of Global And Regional Governance, Ann Powers

Elisabeth Haub School of Law Faculty Publications

After providing an introductory overview of the major land-based threats to the marine environment, this article focuses upon the specific global and regional efforts to address land-based marine pollution and activities through a four-part survey. The main international initiative is first described, namely, the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). Progress in GPA implementation is next assessed with an emphasis on the documentation and results from the Second Intergovernmental Review Meeting on Implementation of the GPA held in October 2006. Major challenges constraining GPA implementation are then summarized, including limited national …


Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman Jan 2008

Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Wood v. Lucy, Lady Duff-Gordon is often cited for the principle that every contract contains an implied covenant of good faith and fair dealing. Yet the very source of that decision--the New York Court of Appeals--has been emphatically unwilling to recognize an implied good-faith covenant in the context of employment relationships, given the judicial presumption of employment at will. This essay criticizes the New York Court of Appeals' conclusion that the implied covenant of good faith and fair dealing must yield to the presumption of employment at will, and advocates a more balanced approach.


Albert Kritzer: Pioneer Of Open Access To International Private Law, Marie Stefanini Newman Jan 2008

Albert Kritzer: Pioneer Of Open Access To International Private Law, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

This essay explores the enormous contributions that Professor Albert H. Kritzer has made to the field of international commercial law through the creation of a unique and powerful database that explicates the United Nations Convention on Contracts for the International Sale of Goods (ClSG).


Working Class Judges, Jason J. Czarnezki Jan 2008

Working Class Judges, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

Part I of this article provides our reanalysis of Scott Baker's data that examines the relationship between judicial salaries and the work habits and voting patterns of federal appellate judges. Part II establishes an additional comparative context that allows us to speculate why Top Five legal markets may foster a more intense tradeoff of influence versus remuneration. Indeed, as we note, the real or perceived financial tradeoffs are so enormous - and conspicuous - in Top Five markets that federal judges may feel they have been lumped together with a large, faceless working class. We conclude by suggesting that the …


A Review Of Barriers To Biofuel Market Development In The United States, Karl R. Rábago Jan 2008

A Review Of Barriers To Biofuel Market Development In The United States, Karl R. Rábago

Elisabeth Haub School of Law Faculty Publications

In recent years, biofuel markets have begun a resurgence. At one time, biofuels were the only way humanity obtained useful energy, but they were almost totally displaced by fossil fuels during the last century. Now, due to a range of drivers, they have begun a small but seemingly solid comeback. This Article reviews the remaining barriers to full commercial success for biofuels in the United States with an emphasis on transportation fuels. While recent success has been impressive, markets for transportation biofuels are hardly “self-sustaining” in the purest sense of the concept. The author does not seek to disparage the …


An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki Jan 2008

An Empirical Investigation Of Judicial Decisionmaking, Statutory Interpretation, And The Chevron Doctrine In Environmental Law, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

How do courts evaluate decisions of statutory interpretation made by government agencies that deal in environmental law? While research on judicial decisionmaking in environmental law has primarily focused on the D.C. Circuit, the Environmental Protection Agency, and the influence of ideology, only recently have legal scholars begun to consider the role of legal factors in judicial decisionmaking in environmental law. With special attention paid to how courts implement the Chevron doctrine, this Article empirically and doctrinally analyzes environmental law cases decided in the United States Courts of Appeals over a three-year period (2003-05) to investigate what factors, including ideological, legal, …


The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman Jan 2008

The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman

Pace Law Review

No abstract provided.


Neutral Standardizing Of Contracts, Joseph M. Perillo Jan 2008

Neutral Standardizing Of Contracts, Joseph M. Perillo

Pace Law Review

No abstract provided.


Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer Jan 2008

Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer

Pace Law Review

No abstract provided.


Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry Jan 2008

Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry

Pace Law Review

No abstract provided.


Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor Jan 2008

Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor

Pace Law Review

No abstract provided.


Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney Jan 2008

Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney

Pace Law Review

No abstract provided.


What It's Worth To Do Your Best, Andrew Tettenborn Jan 2008

What It's Worth To Do Your Best, Andrew Tettenborn

Pace Law Review

No abstract provided.