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Articles 1 - 30 of 112
Full-Text Articles in Law
The New Adventures Of The Common Law, Damien P. Horigan
The New Adventures Of The Common Law, Damien P. Horigan
Pace International Law Review Online Companion
One of the arguably unexpected legal developments during the first decade of this century has been the emergence of new common law jurisdictions in a region with a very different legal heritage – the Arabian Peninsula. These young jurisdictions have been created specifically to foster the growth of new hubs for banking and finance. This article will examine these new adventures of the common law.
Banding With Brothers: Authorizing Force Through A Concert Of Democracies, Alexander Bernard
Banding With Brothers: Authorizing Force Through A Concert Of Democracies, Alexander Bernard
Pace International Law Review Online Companion
No abstract provided.
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.
Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Virtual Crime Scene Reconstruction Laboratory, Demos Athanasopoulos
Cornerstone 3 Reports : Interdisciplinary Informatics
No abstract provided.
A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy
A Proposal For 'Philosophical Method' In Comparative And International Law, John Martin Gillroy
Pace International Law Review Online Companion
A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter. I propose that comparative and international legal theory require a distinct methodology that is as integrated and systematic as positivism, but which better recognizes the dialectic interdependence of normative and empirical and the metaphysical interdependence of theory and practice. Philosophical Method, as systematized by R.G. Collingwood, promotes the dialectic over the eristic, looks for overlap rather than definitive scientific classification, argues for comprehensive philosophy …
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.
Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green
Real Property, Mortgages, And The Economy: A Call For Ethics And Reforms, Shelby D. Green
Pace Law Review
No abstract provided.
Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green
Disquiet On The Home Front: Disturbing Crises In The Nation's Markets And Institutions, Shelby D. Green
Pace Law Review
No abstract provided.
Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire
Smoke And Mirrors: Predatory Lending And The Subprime Mortgage Loan Securitization Pyramid Scheme, Navid Vazire
Pace Law Review
No abstract provided.
Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy
Mortgage Market Reform And The Fallacy Of Self-Correcting Markets, Robin Paul Malloy
Pace Law Review
No abstract provided.
Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards
Nationalization, De-Nationalization, Re-Nationalization: Some Historical And Comparative Perspective, Mark A. Edwards
Pace Law Review
No abstract provided.
Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo
Unsafe Loans In A Deregulated U.S. Mortgage Market, Vincent Di Lorenzo
Pace Law Review
No abstract provided.
Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell
Can't Live Without Air: Title Insurance And The Bursting Of The Real Estate Bubble, Marvin N. Bagwell
Pace Law Review
No abstract provided.
A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia
A Glance At The Impact Of The Subprime Mortgage Crisis On The Title Insurance Industry, Suzanne M. Garcia
Pace Law Review
No abstract provided.
State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner
State Subprime Lending Litigation And Federal Preemption: Toward A National Standard, Alan H. Scheiner
Pace Law Review
No abstract provided.
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
The Importance Of Deceptive Practice Enforcement In Financial Institution Regulation, Prentiss Cox
Pace Law Review
No abstract provided.
A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg
A Superfund Solution For An Economic Love Canal, Mehmet K. Konar-Steenberg
Pace Law Review
No abstract provided.
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.
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.
An End To Grazing Lease Litigation: An Examination Of Alternative Dispute Resolution Schemes That Could Resolve The Overgrazing Dispute On State And Federally Owned Rangelands In The Western United States, Jamie Pool
Pace Environmental Law Review
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 …
Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta
Public And Private Sector Legal Process Outsourcing: Moving Toward A Global Model Of Legal Expertise Deliverance, Sasha Borsand, Amar Gupta
Pace International Law Review Online Companion
Legal process outsourcing (“LPO”) involves the use of foreign lawyers to conduct, perform and apply domestic law, most often for cost-saving purposes. Large, global firms have already begun to embrace the concept of LPO, and small firms and sole practitioners are increasingly reaching out to foreign firms, seeking more efficient, lower-cost providers. Ethical considerations, liability limiting agreements, ERISA compliance, certification and oversight models are all part of the LPO landscape. This paper discusses these aspects, as well as issues related to outsourcing in non-traditional areas such as the public sector and the judiciary.
To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine
To Catch An Entrapper: The Inadequacy Of The Entrapment Defense Globally And The Need To Reevaluate Our Current Legal Rubric, Paul W. Valentine
Pace International Law Review Online Companion
It is fair to say that a majority of us have either seen or been exposed to the hit television show To Catch a Predator on NBC. To Catch a Predator is a series of hidden investigations by the television newsmagazine Dateline NBC devoted to the subject of identifying and detaining potential child sexual abusers who contact children over the internet. The show is important because those caught by the investigators oftentimes raise the entrapment defense, but to no avail. Given the emergence of internet sting operations and covert government investigations, it is now more important than ever that the …
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 …
Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna
Reservations About Extending Bivens To Reservations: Seeking Monetary Relief Against Tribal Law Enforcement Officers For Constitutional Violations, Blake R. Bertagna
Pace Law Review
No abstract provided.
Flying Above The Law And Below The Radar: Instilling A Taxpaying Ethos In Those Playing By Their Own Rules, Richard Lavoie
Flying Above The Law And Below The Radar: Instilling A Taxpaying Ethos In Those Playing By Their Own Rules, Richard Lavoie
Pace Law Review
No abstract provided.
Cross-Endorsement By Political Parties: A "Very Pretty Jungle"?, Celia Curtis
Cross-Endorsement By Political Parties: A "Very Pretty Jungle"?, Celia Curtis
Pace Law Review
No abstract provided.