Law Commons^™

The Principle Of Resilience, Lia Helena Monteiro De Lima Demange

Dissertations & Theses

This article departs from the observation of accentuated degradation of ecosystems worldwide to stress the urgency in changing the patterns of occupation of the land, production, consumption and the ecological and ethical goals of environmental conservation. Aiming to achieve these ends, this article proposes the acknowledgement of the principle of resilience in international environmental law. The principle of resilience is articulated herein based on the concept of ecological resilience; the values of land ethic; and the existing principles of international environmental law. Later, the article explains how the principle can be applied to adaptive governance; adaptive management; environmental impact …

Children At War: The Criminal Responsibility Of Child Soldiers, Megan Nobert

Pace International Law Review Online Companion

The problem of child soldiers is not going to go away. While it may not be a popular solution, child soldiers need to be prosecuted for the actions they commit during conflicts in addition to the prosecution of child soldier recruiters. Without legal ramifications, there is no incentive for the child soldier recruiters to stop their actions. This article explores how both child soldiers and their recruiters can be prosecuted for actions committed during conflict.

Re-Appraising The Appraisers: Expanding Liability To Buyers And Borrowers In The Story Of The 2008 Financing Industry Crisis, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

On the surface, suing in negligence seems the most promising avenue for recovery against appraisers, because liability depends on an examination of defendant's conduct alone and does not require an examination or defendant's mental state to show intent or agreement. But historically insuperable hurdles have operated to prevent recovery under this seemingly simple cause of action. One hurdle is lack of privity. The appraiser's legal relationship is with the hiring party--the lender--to assess the risks of the loan transaction and not with the purchaser, who may rely on the appraisal in making the decision to purchase. Because of the lack …

Educating Prosecutors And Supreme Court Justices About Brady V. Maryland, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

The author reviews the Supreme Court decision in Connick v. Thompson and provides a course outline, including problems, for training prosecutors on their duty to disclose materially favorable evidence to the defendant under Brady v. Maryland.

Land Use For Economic Development In Tough Financial Times, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The recession hit cities hard. Basic municipal staffs and services are being cut, debt is being restructured, capital projects delayed, and other cost cutting measures reported. The Congressional Budget Office reports that by November of last year there were 241,000 fewer municipal employees than there were three years earlier when the recession began. In its most recent report from city finance officers, the National League of Cities states that city spending cutbacks since 2009 are the largest since the survey was first taken, over twenty-five years ago. Despite this serious trend, municipalities have not defaulted in debt payment and there …

Keeping It Legal: Transboundary Management Challenges Facing Brazil And The Guarani, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national …

Jones V. Harris Associates: Shareholders’ Consolation Prize In The Mutual Fund Fee Debate, Nicole Grospe

Pace Law Review

No abstract provided.

Felony Animal Cruelty Laws In New York, Stephen Iannacone

Pace Law Review

No abstract provided.

Band-Aid Solutions: New York’S Piecemeal Attempt To Address Legal Issues Created By Doma In Conjunction With Advances In Surrogacy, James Healy

Pace Law Review

No abstract provided.

No Dwelling Left Behind: Expanding New York’S Uniform Housing Statutes To Single And Two-Family Dwellings, Daniel R. Shortt

Pace Law Review

No abstract provided.

Actual Innocence After Friedman V. Rehal: The Second Circuit Pursues A New Mechanism For Seeking Justice In Actual Innocence Cases, Jonathan M. Kirshbaum

Pace Law Review

No abstract provided.

Judges Henry J. Friendly And Benjamin Cardozo: A Tale Of Two Precedents, David M. Dorsen

Pace Law Review

No abstract provided.

An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller

Pace Law Review

No abstract provided.

Judicial Interference With Effective Assistance Of Counsel, Bennett L. Gershman

Pace Law Review

Probably the most damaging external impediment to a lawyer’s ability to render effective assistance to a client may come from the interference by the trial judge in counsel’s advocacy. A judge supervises the conduct of a trial but he is more than a mere umpire or moderator. A trial judge, by his rulings, questions, and comments, has an enormous capacity to affect the merits of a party’s case and thereby influence the verdict of the jury. To be sure, the basic requirement of a trial judge, both legally and ethically, is to be impartial in demeanor as well as in …

Making Sand Castles As The Tide Comes In: Legal Aspects Of Climate Justice, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Achieving climate justice and the Millennium Development Goals (“MDGs”)2 are mutually reinforcing challenges. The achievement of both is well within the capacity of the international community. Indeed, reaching carbon neutrality in an affordable, environmentally sound way requires integrating the strategies of mitigation, adaptation, sustainable development, and disaster risk management.

Arbitration Case Law Update 2011, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Parties to arbitration agreements sometimes invoke the judicial system to litigate collateral issues arising out of the arbitration process, such as arbitrability of some or all of the claims, arbitrator bias, and award enforcement or vacatur. When deciding these collateral issues arising out of securities arbitration, courts interpret and apply the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (2010) (FAA). In this chapter, we identify recent judicial decisions in the area of arbitration law, and analyze their impact on securities arbitration practice.

Unanswered Questions From The Vaccine Injury Compensation Program: A Review Of Compensated Cases Of Vaccine-Induced Brain Injury, Mary Holland, Louis Conte, Robert Krakow, Lisa Colin

Pace Environmental Law Review

No abstract provided.

Fashion Law – A Guide For Designers, Fashion Executives, And Attorneys, Cory Greenberg

Pace Intellectual Property, Sports & Entertainment Law Forum

Cory Greenberg writes a comprehensive book review of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys by Guillermo C. Jimenez and Barbara Kolsun. Fashion Law is divided into four sections: Introduction, Intellectual Property Issues, Commercial Operations and Expansions, and International Aspects. Greenberg provides an objective review of each section of the book and comments on the growth of fashion in the legal world.

The Digital Millennium Copyright Act: The Future Of The Safe Harbor Provision, Jennette Wiser, Kristin Luciano, Christopher Psihoules, Caesar Lopez

Pace Intellectual Property, Sports & Entertainment Law Forum

Inspired by the current federal case, Viacom v. YouTube, this discussion delves into the history and creation of the Digital Millennium Act (DMCA), the court cases which set the foundation for the ongoing Viacom v . YouTube case, and an in-depth discussion on the growth of technology and the Internet with how it is affecting copyright holders. This article culminates with an analysis on how the DMCA is applied to the current Internet landscape and offers potential solutions to solve the battle between Internet Service Providers and copyright holders.

In A Post Graham World: Choreographing Dance Rights In The World Of Media, Technology And Social Networking, Michelle N. Burkhart

Pace Intellectual Property, Sports & Entertainment Law Forum

Michelle Burkhart writes an article diagramming the Choreographing Dance Rights in today’s social media world. Her article highlights the famous Martha Graham case and in detail describes: Works for higher art; and responsiveness within the dance community. Burkhart provides an interesting take on how technology has drastically changed the world of dance.

Practice Guide: Post-Employment Trade Secrets In New York, Stephanie Soondar

Pace Intellectual Property, Sports & Entertainment Law Forum

Stephanie Soondar writes an article based on modern day trade secrets. Her article highlights the importance placed on trade secrets in today’s market. She provides an in depth look at: What trade secrets are; how they are protected; and the causes of action that result in disclosing trade secrets. Her article focuses on New York practice.

Interstate Comparison - Use Of Contribution Margin In Determination Of Price Fixing, Tsui Tat Chee

Pace International Law Review Online Companion

For over a century, anti-trust law has been used to maintain an open and fair market economy by preventing monopolies. However, anti-trust law has never precisely defined the term “monopoly”, which makes evaluating the interactions between the prohibition of monopoly and encouraging competition increasingly challenging.

In 2006, the Hong Kong Government appointed Arculli & Associates Solicitor Firm to study issues relating to competition in the auto-fuel retail market in Hong Kong. A test based on contribution margins was recommended, leading to the conclusion that price fixing is not a crime in the industry.

This article examines the problems related …

The Ethical Dilemma Of A Special Education Lawyer: Who Is The Client?, Jillian Petrera

Pace Law Review

No abstract provided.

Prison Ain’T Hell: An Interview With The Son Of Sam—David Berkowitz, And Why State-Funded Faith-Based Prison Rehabilitation Programs Do Not Violate The Establishment Clause, Rebekah Binger

Pace Law Review

No abstract provided.

"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert

Pace Law Review

No abstract provided.

Rulemaking In 140 Characters Or Less: Social Networking And Public Participation In Rulemaking, Cynthia R. Farina, Paul Miller, Mary J. Newhart, Claire Cardie, Dan Cosley, Rebecca Vernon

Pace Law Review

No abstract provided.

From Facebook To Mug Shot: How The Dearth Of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Junichi P. Semitsu

Pace Law Review

No abstract provided.

Social Media And The Vanishing Points Of Ethical And Constitutional Boundaries, Ken Strutin

Pace Law Review

No abstract provided.

Facebook Fatalities: Students, Social Networking, And The First Amendment, Thomas Wheeler

Pace Law Review

No abstract provided.

“You Already Have Zero Privacy. Get Over It!” Would Warren And Brandeis Argue For Privacy For Social Networking?, Connie Davis Powell

Pace Law Review

No abstract provided.