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Articles 1 - 11 of 11
Full-Text Articles in Law
Criminal Court Of New York, City Of New York: People V. Larsen, Benjamin Fox Tracy
Criminal Court Of New York, City Of New York: People V. Larsen, Benjamin Fox Tracy
Touro Law Review
No abstract provided.
Felony Animal Cruelty Laws In New York, Stephen Iannacone
Felony Animal Cruelty Laws In New York, Stephen Iannacone
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
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
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.
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller
An Illusory Right To Appeal: Substantial Constitutional Questions At The New York Court Of Appeals, Meredith R. Miller
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
"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert
Pace Law Review
No abstract provided.
Gallenthin V. Kaur: A Comparative Analysis Of How The New Jersey And New York Courts Approach Judicial Review Of The Exercise Of Eminent Domain For Redevelopment, Ronald K. Chen
Fordham Urban Law Journal
This Article explores two explanations for why New Jersey and New York take different approaches to judicial review of exercises of eminent domain. Part I examines the approach of both states and their differing procedures for review of administrative agency determinations. Part II discusses how each states' courts and legislatures define "blight." Part III examines how New York's approach leaves municipal officials and redevelopers free to use the more flexible concept of "underutilization" as a proxy for "blight."
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
The Use And Abuse Of Blight In Eminent Domain, Martin E. Gold, Lynne B. Sagalyn
Fordham Urban Law Journal
This Article examines the term "blight" and how it is used in eminent domain cases. Part I discusses the development of the term and how various states define it. Part II lays out a hierarchy which may be used to compare the private benefits on one hand and the public benefits on the other hand in redevelopment projects. In Part III, the Columbia University expansion in Manhattanville is examined, at both the New York Appellate Division and Court of Appeals levels. Part IV discusses how forty-three states redefined blight after the Kelo case. Part V discusses how political and business …
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Condemning The Decisions Of The Past: Eminent Domain And Democratic Accountability, Christopher Serkin
Fordham Urban Law Journal
This Essay argues that there is a seldom-recognized purpose to eminent domain: preserving the ability of elected representatives to respond to the will of the people. The author proposes that eminent domain allows government to depart from the policy choices of administrations which came before and is therefore a tool for acquiring "democratic legitimacy." He explores this theory by examining examples such as breaking up the adult use zones in Times Square and reclaiming New York's waterfront, which had been essentially cut off by highways.
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Let There Be Blight: Blight Condemnations In New York After Goldstein And Kaur, Ilya Somin
Fordham Urban Law Journal
This Article analyzes the New York cases of Kaur v. New York State Urban Development Corp. and Goldstein v. New York State Urban Development Corp. and asserts that the New York Court of Appeals erred in allowing such an expansive definition of "blight" and defining pretextual takings too narrowly. Part I Describes the two cases. Part II explains the concept of blight condemnation and how it was used in the two cases. Part III discusses how the two cases treat the federal constitutional standard for pretextual takings. The Article concludes that eminent domain reform requires a narrower definition of "blight" …