Law Commons^™

Blockchain And Its Potential Real-World Applications: Implications On Discovery Procedures, Ross M. Keiser

Pace Law Review

No abstract provided.

United States V. Hoskins: An Opportunity For The Second Circuit To Limit The Abusive Reach Of The Fcpa, Christopher D. Man, Kyllan J. Gilmore

Pace Law Review

No abstract provided.

The Liability Of Health Care Providers To Third Parties Injured By A Patient, Samuel D. Hodge Jr.

Pace Law Review

Duty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physician-patient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law …

The United States Climate Change Policies And Covid-19: Poisoning The Cure, Carolina Arlota

Pace Law Review

Climate change is complex during the best of times. It is commonly conceptualized as the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such measures. This conceptualization illustrates the high transaction costs involved in domestic policies as well as in international agreements addressing climate change, and it is of academic and practical interest. As such, this Article discusses the current challenges that climate change policies face, focusing on the linkages between the climate change policies of the Trump administration …

Getting A Second Wind: Reviving Natural Rights Clauses As A Means To Challenge Unjustified Occupational Licensing Regulations, Alexander C. Lemke, Alexander Macdonald

Pace Law Review

Occupational licensing refers to a government-imposed regulation which requires an individual to obtain a license before engaging in a certain line of work. Over the last several decades, occupational licensing regulations have expanded rapidly. While some of these regulations can be justified as a form of consumer protection (as in the medical industry), many simply operate as barriers to entry (as in the interior design industry). Furthermore, these regulations impose economic costs that fall disproportionately on those who are economically disadvantaged. Fortunately, bipartisan state legislative efforts have begun to make some progress in rolling back these regulations. However, because legislative …

Identifying Super-Precedents In An Era Of Human Rights, Vincent J. Samar

Pace Law Review

This Article discusses what a “super-precedent” is in American Constitutional Law. Additionally, it describes the current criteria used to identify super-precedents and the limitations of these criteria. It then mentions the various precedents that have been afforded this august title and suggests the need for an additional criterion to ensure the continued protection of those precedents most closely associated with the protection of human rights. Finally, the article identifies three additional precedents, beyond those usually recognized, that ought to be ranked super-precedents and provides a basis for ranking all precedents, grounded in autonomy, when they either conflict with one another …

Section 230: The Valyrian Steel For Website Operators, And Why A Tax Credit Is The Best Solution To A Safer Internet, Noah Hale

Pace Law Review

The most polarizing statute regulating the internet is § 230 of the Communications Decency Act. Critics of § 230 do not like that the statute provides broad immunity to website operators when third parties post on their sites, while advocates for § 230 market the statute as promoting free speech on the internet and preventing website operators from being subject to endless liability. Critics view the statute as the sole problem, and the advocates view § 230 as the savior for these website operators. But the problem of hate speech and hurtful content online is immense and requires expensive investment …

Puerto Rico’S Separate And Unequal Status Under U.S. Law, Brendan Williams

Pace Law Review

No abstract provided.

The Compatibility Of Confucianism And Law, Sophia Gao, Aaron J. Walayat

Pace Law Review

It is initially odd to ask whether Confucianism is compatible with systems of law. Confucian thought has co-existed with Chinese legal systems throughout the various dynasties of China’s long history. Nevertheless, despite the extensive laws that China has boasted, traditional Chinese legal thought is not typically recognized as a genuine rule-of-law system, given its focus on moral development and the “rule of man.” In this essay, we argue that Confucianism, specifically Pre-Qin Confucianism, is compatible with the rule-of-law. We examine the different models of compatibility, including “soft compatibilism” in which we examine whether abstract concepts between Confucianism and legal systems …

The Twombly/Iqbal Plausibility Pleading Standard And Affirmative Defenses: Gooses And Ganders Ten Years Later, Anthony Gambol

Pace Law Review

No abstract provided.

Reflections On Feminism, Law & Culture: Law Students’ Perspectives, Bridget J. Crawford

Pace Law Review

This essay is a collective reflection by thirty-nine law students on feminism, law and culture. In the Spring 2020 semester, the students who enrolled in the Feminist Legal Theory course taught by Professor Bridget Crawford at the Elisabeth Haub School of Law at Pace University were a mixed-gender group of second-year, third-year, and fourth-year students. The course focused on the themes and methods of feminist analysis and the application of feminist legal theories to topics such as intimate partner violence, prostitution, pornography, sexual harassment, reproductive rights, and economic rights. Students attended a traditional seminar meeting once each week. Conversations continued …

If You Can’T Beat ‘Em, Join ‘Em (Virtually): Institutionally Managing Law Students As Consumers In A Covid World, Debra M. Vollweiler

Pace Law Review

No abstract provided.

Hierarchies Of Elitism And Gender: The Bluebook And The Alwd Guide, Steven K. Homer

Pace Law Review

Hierarchies persist in legal academia. Some of these, while in plain view, are not so obvious because they manifest in seemingly small, mundane choices. Synecdoche is a rhetorical device used to show how one detail in a story tells the story of the whole.

This Article examines hierarchies of elitism and gender through a lens of synecdoche. The focus is on the choice of citation guide. Even something as seemingly benign and neutral as choosing a citation guide can reveal hierarchies of elitism and gender bias in legal education and the legal profession. Put another way, the choice of citation …

Holding Out For A Better Deal: How Big Four Professional Sports Franchises Should Handle Hold Outs, Steven R. Vignola

Pace Law Review

No abstract provided.

Why The Birth Of Autonomous Driving Is The Death Of Our “Right” To Drive, Christopher B. Emch

Pace Law Review

No abstract provided.

Judicial Reward Allocation For Asymmetric Secrets, Runhua Wang

Pace Law Review

Trade secret literature does not thoroughly consider information asymmetries between companies and employees. This Article visualizes the flows of technical information in and between companies and employees and categorizes two types of information asymmetries in the information transactions. The information asymmetries cannot be effectively governed by contracts and trade secret law. Companies employ covenants not to compete (“CNCs”), non-disclosure agreements (“NDAs”), and trade secret protection to shift the legal risks borne by employees from the disclosure risks borne by the companies, both restraining and aggravating the information asymmetries. The contracts and the law cannot increase employee loyalty to eliminate the …

Impeachment, Donald Trump And The Attempted Extortion Of Ukraine, Lawrence J. Trautman

Pace Law Review

For only the third time in the nation’s history, the decade of the 2020s begins with impeachment of a U.S. president. The first three years of the Trump presidency is characterized by: incitement of rampant political and racial polarization; multiple lies to the public on a daily basis from the president and administration; unprecedented cabinet and high level administrative personnel turnover; multiple convictions and sentencing of high level election campaign and administrative officials for crimes sounding in bribery and corruption; an investigation by Robert Mueller into Russian involvement in the 2016 U.S. elections; continuous violations of the Constitutional emoluments clause …

Primary Jurisdiction And The Limits Of Measurement In Mass Litigation, Jeff Lingwall

Pace Law Review

This Article examines the use of primary jurisdiction through the lens of institutional economics and the ongoing revolution in pre-suit, plaintiff-side testing in mass litigation. In this setting, primary jurisdiction serves a necessary pro-agency institutional role. The ability of plaintiffs’ attorneys to easily generate sophisticated laboratory testing results has allowed them to create a quasi-regulatory quality-control regime for defendants’ products and extract value from it through enhanced settlements. This offers defendants the burdens of regulation without the benefits of uniformity or policymakers with subject-matter expertise and capacity for public input. Primary jurisdiction enables defendants in mass litigation to move these …

Not Necessarily Unlawful: Asylum Seekers’ Ability To Raise The Necessity Defense To Charges Of Unlawful Entry, Daniel A. Hatoum Esq.

Pace Law Review

No abstract provided.

Nycla Justice Center Task Force: Solving The Problem Of Innocent People Pleading Guilty

Pace Law Review

No abstract provided.

New York’S Raise The Age Law: Restoring The Juvenile Justice System Leaves Courts Legislating From The Bench, Sara V. Gomes

Pace Law Review

With New York’s enactment of the Raise the Age law, the State’s Legislature codified the omnipresent notion that juveniles processed in the criminal justice system should be treated differently than adults given that they are inherently less culpable for a multitude of reasons, both measurable and incalculable. Flaws emanating from the minutiae of the Raise the Age law have surfaced since it became effective on October 1, 2018, as criminal matters involving sixteen-year-old offenders have been adjudicated in courts following the newly introduced procedures for removal of cases involving these youth to Family Court, or the newly-created Youth Part. Simultaneously, …

Divisiveness, National Narratives, And The Establishment Clause, Gilad Abiri

Pace Law Review

The Supreme Court habitually justifies the Establishment Clause as a means to prevent political division, protect the civil peace, and forestall citizen alienation. In spite of this popularity among the judiciary, legal scholars have emphatically rejected the political division theory. They state that religion is not especially divisive, and that even if it was, there is no reason to think non-establishment will prevent such political harm. This rejection relies on the misconception that the validity of the political division theory requires that all forms of religion must foment civil strife. This is a mistake. Often, laws apply to a wider …

Consent As A Free Pass: Platform Power And The Limits Of The Informational Turn, Elettra Bietti

Pace Law Review

Across the United States and Europe, notice and consent, the act of clicking that “I have read and agree” to a platform’s terms of service, is the central device for legitimating and enabling platforms’ data processing, acting as a free pass for a variety of intrusive activities which include profiling and behavioral advertising. Notwithstanding literature and findings that lay significant doubts on notice and consent’s adequacy as a regulatory device in the platform ecosystem, courts, regulators and other public authorities across these regions keep adopting and legitimating these practices. Yet while consent seems a good proxy for ensuring justice in …

Improving Court-Mandated Divorce Education By Recognizing The Effects Of Parents’ Childhood Trauma, Anthony J. Ferraro, Karen Oehme, Ian Waldick, Nat Stern

Pace Law Review

No abstract provided.

Freedom Of Speech As A Cultural Holdover, R. George Wright

Pace Law Review

No abstract provided.

What You Don’T Know (Can Hurt You): Using Exam Wrappers To Foster Self-Assessment Skills In Law Students, Sarah J. Schendel

Pace Law Review

No abstract provided.

What Can Be Done About A Disruptive Physician? A Legal Analysis, Samuel D. Hodge Jr.

Pace Law Review

House, a medical drama about an infectious disease specialist, entertained television audiences for years as the irascible and pill-popping physician solved medical mysteries with the zeal of a modern-day Sherlock Holmes while playing mind games with his coworkers. Uncanny intuition and eccentric thinking earned the physician great respect but his bullish behavior and antisocial tendencies were a distraction at the hospital. Not only did Dr. House clash with his fellow physicians but he also insulted patients, flouted hospital rules and caused great conflict with the hospital administrators. In fact, his actions often crossed the line into obnoxiousness and rage causing …

The Dormant Commerce Clause: The Endgame—From Southern Pacific To Tennesse Wine & Spirits—1945 To 2019, James M. Mcgoldrick Jr.

Pace Law Review

This article attempts to develop the undue burden balancing and the virtually per se discrimination tests of the modern Dormant Commerce Clause starting with the 1945 case of Southern Pacific v. Arizona and moving to Tennessee Wine & Spirits Retailers Ass’n v. Thomas, a case decided by the United States Supreme Court in June of 2019. The Commerce Clause, Article I, Section 8, Clause 3 gives Congress the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” Our most famous Chief Justice of the United States Supreme Court, John Marshall, defined Congress’s …

Law School As A Consumer Product: Beat 'Em Or Join 'Em, Debra Moss Vollweiler

Pace Law Review

With rising costs, pressure on performance metrics, and competitive high-profile rankings, law schools are more than ever before being judged on a consumer satisfaction basis by both students and the public. While this perception has been growing over the past two decades, it has reached a crisis point in legal education.1 Courts have been more readily viewing the policies and practices of educational institutions as that of a customer-provider relationship and seeking ways to enforce solutions to the problems they see regarding the product sold.2 The growing trend of treating education as a consumer product that is sold to students …

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …