Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (14)
- International Law (11)
- Criminal Law (10)
- Constitutional Law (8)
- Law and Society (8)
-
- Land Use Law (7)
- Energy and Utilities Law (6)
- Law and Gender (6)
- Family Law (5)
- State and Local Government Law (4)
- Courts (3)
- Law and Psychology (3)
- Science and Technology Law (3)
- Administrative Law (2)
- Civil Rights and Discrimination (2)
- Food and Drug Law (2)
- Health Law and Policy (2)
- Human Rights Law (2)
- Jurisprudence (2)
- Law Enforcement and Corrections (2)
- Legal Ethics and Professional Responsibility (2)
- Military, War, and Peace (2)
- Sexuality and the Law (2)
- Animal Law (1)
- Antitrust and Trade Regulation (1)
- Business Organizations Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Comparative and Foreign Law (1)
- Keyword
-
- Climate change (4)
- NYLJ (4)
- Greenhouse gases (2)
- Housing (2)
- Land use (2)
-
- Law and Economics (2)
- Legal profession (2)
- Race (2)
- Sustainable development (2)
- Tides (2)
- Women (2)
- Administrative Law (1)
- Administrative law (1)
- Administrative rulemaking (1)
- Adoption (1)
- Agriculture (1)
- Animal husbandry (1)
- Animal rights (1)
- Arts and Literature (1)
- Beach renourishment (1)
- Biofuels (1)
- Breast milk (1)
- Breastfeeding (1)
- CPLR (1)
- Carbon footprint (1)
- Children (1)
- City planning (1)
- Civil Law (1)
- Civil Rights (1)
- Commercial Law (1)
Articles 1 - 30 of 55
Full-Text Articles in Law
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part Ii, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the second part of Professor John R. Nolon’s two-part series on climate change mitigation through sustainable development law. Part I ran in October 2009 http://digitalcommons.pace.edu/lawfaculty/646/. In Part I, I argued that local governments should be partners with federal and state governments in managing climate change. This may sound incongruous to the ears of those listening to the debates over cap-and-trade legislation. In that context, state and local programs that cap, auction, tax, regulate, track, or otherwise attempt to manage greenhouse gas emissions are criticized on a number of grounds. The same can be said when the debate turns …
Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher
Exclusionary Housing Vs. Fair Housing: The Need For State Legislation, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
On September 23rd, Westchester County settled a lawsuit with U.S. Department of Housing and Urban Development and the Anti-Discrimination Center of Metro New York under which it agreed to develop and carry out an implementation plan to construct 750 affordable housing units in Westchester communities with low percentages of African American and Hispanic households. Under this agreement, the County will provide over $50 million to create housing in these communities; if needed, the County agreed to withhold benefits from the communities or to bring litigation against them if the 750 units are not constructed. The County will be supervised by …
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Settlement Raises Questions About Housing Obligations, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
It is well established that zoning regulations which operate in an exclusionary capacity are unconstitutional. However, a bright line has yet to be drawn by either the New York legislature or the New York courts as to what constitutes an exclusionary zoning provision. This article examines several restricted holdings of the New York courts and compares the limited New York legislation, such as the 2008 Long Island Workforce Housing Act, to more powerful state legislation from surrounding states, which have had more success abolishing exclusionary zoning.
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Climate Change And Sustainable Development: The Quest For Green Communities, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
This is the first of two commentaries that explore the role of local governments in mitigating and adapting to climate change through sustainable development strategies. They focus on the significant authority to regulate land use and building construction that is delegated to local governments by their states, and how that authority can be coordinated with the roles and responsibilities of state and federal governments to manage climate change and achieve sustainable development.
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This issue of the Journal takes a look at the legal profession as it confronts the most serious economic downturn since the Great Depression, but the focus is not on what went wrong, or why. The articles in this issue examine how lawyers and law firms can survive, and thrive again when the economy improves.
Finding The Silver Lining: The Recession And The Legal Employment Market, Rachel J. Littman
Finding The Silver Lining: The Recession And The Legal Employment Market, Rachel J. Littman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Rising Tides--Changing Title: Court To Mull Takings Issue, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The United States Supreme Court has granted certiorari in Walton County v. Stop the Beach Renourishment, Inc., where novel questions arose concerning sea level rise and constitutional property rights of beachfront landowners. In Florida, the state government owns in trust, all beach property below the mean high tide water line, while beachfront landowners own the rights to any land above the mean high tide water line. The line shifts along with beachfront as the beach expands and contracts. In this Florida case, landowners challenge a state statute, which precludes the ocean property line from shifting in favor of the private …
China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
China's Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
This article examines implementation of the international sales law by arbitral tribunals in China. The leading Chinese arbitral tribunal -- CIETAC -- has recently released the full-text decisions issued in over 300 disputes involving international trade. Upon a careful examination of this decisions involving non-conformity of goods, the authors conclude that the decisions generally convey objective, non-biased jurisprudence (notwithstanding some caveats about the completeness of the available record). They go on to conclude that the ability to rely on a fairly predictable tribunal has been good for the development not only of China's trade-based economy but also for its more …
States Of Resistance: The Real Id Act And The Limits Of Federal Deputization Of State Agencies In The Regulation Of Non-Citizens, Shirley Lin
Elisabeth Haub School of Law Faculty Publications
The goal of this Article is to discuss the justiciability of issues arising under immigration federalism by examining the constitutionality of the REAL ID Act. Part I discusses states' authority over non-citizens and the history of "immigration federalism" jurisprudence. Part II explores key provisions of the REAL ID Act, the WHTI, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver's licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current …
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Local Governments Weigh Green Building Standards, John R. Nolon, Jennie C. Nolon
Elisabeth Haub School of Law Faculty Publications
Through New York state legislation, localities are afforded broad authority adopt green building standards that reach beyond those imposed by state law. As localities begin to undertake the challenge of implementing green building initiatives, many legal questions arise. This article examines several instances of green local action and provides examples of successful local projects, as well as local mistakes. The municipalities mentioned include a broad spectrum of communities, from small municipalities such as Mount Kisko, to some of the larger cities in the state such as New York City and Syracuse.
Rebuilding Yonkers: How Open Government Laws Are Helping Level The Playing Field In The City Of Hills, Debra S. Cohen
Rebuilding Yonkers: How Open Government Laws Are Helping Level The Playing Field In The City Of Hills, Debra S. Cohen
Elisabeth Haub School of Law Faculty Publications
This article will explore some examples of how people in Yonkers have used FOIL and the Open Meetings Law as effective tools to level the playing field in the"city of hills" and, in doing so, help the city move in a more positive direction.
Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman
Confronting Scientific Reports Under Crawford V. Washington, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
In People v. Rawlins and People v. Meekins, the New York Court of Appeals addressed, for the first time, the admissibility of scientific reports prepared by non-testifying forensic experts for use by the prosecution in a criminal trial under the Sixth Amendment's Confrontation Clause. Rawlins involved a fingerprint comparison report prepared by a police forensic expert, and Meekins involved a DNA profile prepared by a technician in a private laboratory. The constitutional issue in both cases was whether these reports were “testimonial” statements within the meaning of the Confrontation Clause, as interpreted by the Supreme Court in Crawford v. Washington, …
Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle
Recent Jurisdiction Developments In The New York Court Of Appeals, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments in long-arm jurisdiction under CPLR section 302 and two related New York Court of Appeals decisions. Specifically, the article will address Fischbarg v. Doucet, which presents the court's expansive view of long-arm jurisdiction in light of recent technological developments, and Ehrenfeld v. Mahfouz, in which the court's decision to limit long-arm jurisdiction was rejected by subsequent legislation, signaling a more expansive application of CPLR 302 in the future.
Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan
Petition Clause Interests And Standing For Judicial Review Of Administrative Lawmaking, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
One of the primary roles of agencies in the modern administrative state is the promulgation of rules and regulations governing primary conduct. Separation of powers and non-delegation concerns have evolved into very weak limits on the scope of agency lawmaking authority. Once the executive branch agencies have acted, Article III courts routinely step in to review the consistency of these regulations with congressional mandates. Particularly in the case of controversial regulations, the lawmaking process is not complete until judicial review. Entities burdened by such regulations--so called “regulatory objects”-- enjoy presumed standing to challenge the scope of agency regulations. Groups of …
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Protecting Children On The Internet: Mission Impossible?, Audrey Rogers
Elisabeth Haub School of Law Faculty Publications
This Article posits that the Williams Court properly upheld Congress' shift in focus from the images to the speech pandering them. The majority ruled that the inability to complete a crime because of a factual error is not a defense. Its reasoning should lay to rest lingering claims that child protection statutes require an actual child. Nevertheless, the Article explains that the Williams dissent essentially relied on legal impossibility in its finding that the PROTECT Act's pandering provision was unconstitutionally overbroad. In so doing, the dissent reflects the reluctance of many to accept the extent to which adults are seeking …
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Women And The Law: How Far We’Ve Come And Where We Need To Go, Michelle S. Simon
Women And The Law: How Far We’Ve Come And Where We Need To Go, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
Introduction to the program on “Women and the Law: How Far We've Come and Where We Need to Go” held at Pace Law School, October 24, 2008.
Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger
Biofuels: Potentials, Problems & Solutions, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
Biofuels have the exciting potential of mitigating the grave threats of global warming, reducing the world's dependence on imported oil from insecure sources and of reducing the skyrocketing costs of oil that are threatening to undermine the world's economies and devastating the people in non-oil producing, developing countries. For the people in these countries, biofuel offer a promising road to enhance development since they use local materials, can provide local jobs, and do not require the import of expensive equipment and expertise. Brazil has been the pioneer in the use of biofuel, allowing it to eliminate its oil imports, becoming …
Nepa At 40: International Dimensions, Nicholas A. Robinson
Nepa At 40: International Dimensions, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Section 102 of the National Environmental Policy Act (NEPA) contains a broad mandate to apply the policies of § 101 on an international plane. I explored these concepts initially on assignment as a member of the Legal Advisory Committee to the Council on Environmental Quality (CEQ) in 1969-1971, and published the analysis in 1974, after that Committee wound up its business. It is time for the CEQ to revisit the rest of § 102, and elaborate guidance and regulations for federal agencies to comply with and use the environmental management mandates in § 102(A), (B), (E), (F), (G), and (H).
Who Says "I Do"?, Noa Ben-Asher
Who Says "I Do"?, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may …
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Changing Times--Changing Practice: New Roles For Lawyers In Resolving Complex Land Use And Environmental Disputes, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Following this introduction is a discussion of the many excellent papers by academics, practitioners, and students contained in this themed Kheel edition of the Pace Environmental Law Review. The article continues with an analysis of the practice of law and how it is affected by the advent of environmental interest dispute resolution.
Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa
Beyond Torture: The Nemo Tenetur Principle In Borderline Cases, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
The Latin phrase nemo tenetur seipsum accusare means roughly “no man has to accuse himself.” It is the basis of our rights against self incrimination and forced inculpation. It protects against three practical problems associated with confessions: (1) untrustworthy confessions; (2) involuntary confessions; and (3) confessions provoked through unacceptable force. This article argues that the Nemo tenetur principle was intended primarily to avoid the third problem: confessions obtained through improper methods. It examines the arguments for and against justifying the principle as a protection against either untrustworthy or involuntary confessions. The article also develops a framework to aid in the …
Legal Holes, Noa Ben-Asher
Legal Holes, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
By explaining the legal holes debate via the lens of science and theology, the essay offers two main insights. First, the essay argues that although the legal holes debate is often understood as simply being about executive measures in emergencies, the debate should also be seen as implicating a broader jurisprudential dispute about the very nature of the legal system. Second, the essay shows that the two approaches bear several surprising similarities--their skepticism of judges, their skepticism of legislators, and, most notably, their use of law-preserving violence.
Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson
Energy Security, Green Job Creation, And Youth Innovation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Using Local Knowledge To Shrink The Individual Carbon Footprint, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced.For present purposes, however, a more simple articulation of the term will suffice. Lifestyle can mean “mode of living,” including “patterns of action” and “patterns of ways of living.” Without rendering judgment, one observation that can fairly be made about the current lifestyles and associated behaviors of Americans is that they indirectly and directly lead to the emission of a high volume of greenhouse gases (“GHGs”).7 Although an American diplomat is said to have remarked in preparing for …
Avoiding Wrongful Convictions: Re-Examining The "Wrong-Person" Defense, Lissa Griffin
Avoiding Wrongful Convictions: Re-Examining The "Wrong-Person" Defense, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This Article reviews the history of the right to present a defense and closely examines the United States Supreme Court's modern analysis of that right. Part III analyzes the emergence of the right to present a defense that a third party committed the crime and concludes with a discussion of the Supreme Court's recent decision in South Carolina v. Holmes. Part IV then describes the current restrictive implementation of the wrong-person defense by the lower courts. Part V argues that the constitutional right to present a wrong-person defense is being insufficiently protected under current, arbitrary standards, and prescribes a constitutional …
A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard
A Short Overview Of The Statutory Remedies For The Wrongly Convicted: What Works, What Doesn't And Why, Adele Bernhard
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman
In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
For more than three decades, American prosecutors have been bringing criminal prosecutions against pregnant women based on their use of drugs while pregnant, with charges ranging from child abuse or neglect to murder. Almost all of these women are poor, and the vast majority are also women of color--many with histories of childhood sexual or physical abuse and mental disability. In all but three states-Alabama, Kentucky, and South Carolina--such prosecutions have been declared unconstitutional or the resulting convictions have been overturned. Nonetheless, prosecutions continue to be brought, in what can only be described as a crusade against pregnant women in …
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Complementarity In Crisis: Uganda, Alternative Justice, And The International Criminal Court, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
In this Article, I take up a focused analysis of the Uganda prosecutions, considering both the interpretive dilemmas facing the Court and the efforts of Prosecutor Luis Moreno-Ocampo to address them. Part I provides a summary of events leading to the LRA arrest warrants and the recent peace negotiations. Part II turns to the text of the Rome Statute, with a focus on Article 19's framework for complementary jurisdiction and the Article 53 dictate that “interests of justice” may trump the admissibility of investigations and cases that otherwise meet all relevant statutory criteria. Although the ICC is structured to give …
The Importance Of Lawyers In Judge Barksdale's Writings, Andrew C. W. Lund
The Importance Of Lawyers In Judge Barksdale's Writings, Andrew C. W. Lund
Elisabeth Haub School of Law Faculty Publications
It is my honor to contribute a piece to this wonderful collection commemorating Judge Barksdale's extraordinary career on the bench. It was truly a privilege to clerk for the Judge and it is no less so to have the opportunity to write a bit about his impact on the law.