Law Commons^™

Expert Testimoney And Opinion Evidence In A Narcotics Prosecution, Robert Ewald

Faculty Works: Criminal Justice and Legal Studies

Courts in New York have admitted expert testimony when “it would help to clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of a typical juror.” People v. DeLong 60 NY2d 296 (1983). More specifically, in making such a determination, the trial court must consider [1] “when jurors are able to draw conclusions from the evidence based upon their day-to-day experience, their common observation and their knowledge, [2] and when they would be benefited by the specialized knowledge of an expert witness.” Cronin at 433. The Court of Appeals has recognized that …

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?

Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander

Faculty Scholarship

Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …

Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …

Law Library Blog (February 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Report: Tying Teacher Evaluation To Student Test Performance In New York State, Anthony Ciaccio, Richard Demaio, Ashley Flynn, Sean Hanssler, Michelle Malone, Steven Mare, George Santiago, Victoria Short

Hofstra Law Student Works

This Report, authored by a small group of third-year law students under the guidance of Professor Robin Charlow, focuses on the controversial issue of tying teacher evaluations to student performance on state assessments, specifically, as this practice has been applied under New York State law. First, we provide a brief history of the federal and state laws that have resulted in the implementation of this practice. We then examine the arguments both for and against using student performance on state assessments as a measure of teacher effectiveness, assess all options for amending or abolishing the practice, and propose one procedural …

Survey Of 2016 Cases Under New York State Environmental Quality Review Act, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

The courts decided 46 cases in 2016 under the New York State Environ­mental Quality Review Act (SEQRA), which requires the preparation of an environmen­tal impact statement (EIS) for state or local governmental actions that could have a significant impact.

For only the second time since this annual survey began in 1991, no court overturned any agency decision where an EIS had been prepared. Eight challenges involved an EIS – all failed. In circumstances where there was no EIS, challeng­ers won four and lost 20. In sum, 2016 was a bad year for plaintiffs in SEQRA cases.

The Energy Improvement Of The Urban Existing Building Stock: A Proposal For Action Arising From Best Practice Examples, Teresa Parejo-Navajas

Sabin Center for Climate Change Law

Improving energy efficiency in existing buildings presents an opportunity for reducing greenhouse gas emissions. Numerous measures meant to increase efficiency and decrease emissions have been implemented in cities across Europe and the United States. Standing out from the rest is New York City, a remarkable example of commitment to the fight against climate change. The city has urged its authorities to take important measures in order to eliminate (or at least diminish) the adverse effects resulting from its special characteristics, great urban density, and large percentage of greenhouse gas emissions coming from an aged building stock. Yet there is always …

The Life And Legacy Of Chief Judge Lawrence H. Cooke: "Truly An Exemplary Life. A Life Well Lived", Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is an appropriate tribute to the late Chief Judge of New York, Lawrence H. Cooke, that this article be devoted to a man who many leaders of the bench, bar, and academia consider to be the greatest jurist to ever serve on New York State's highest court. Chief Judge Cooke, better known as Larry, served with honor and distinction as an associate judge of the Court of Appeals, and later as Chief Judge.

Debate Over Environmental Rights And State Constitutional Convention, Michael B. Gerrard, Edward Mctiernan

Faculty Scholarship

During the election on November 7, the voters in New York state will be presented with the allot question (as they are every 20 years), “Shall there be a convention to revise the constitutionand amend the same?” If the referendum passes, the delegates to the Constitutional Convention will be elected in November 2018, and the Convention’s proposed changes will appear on the ballot, most likely in November 2019.

Many issues are under debate: ethics reform, reorganizing the judiciary, voting rights, and several more. This column focuses on environmental rights.