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Articles 1 - 30 of 138
Full-Text Articles in Law
Wildlife Management And The Forest Preserve, Jeffrey Auger
Wildlife Management And The Forest Preserve, Jeffrey Auger
Elisabeth Haub School of Law Student Publications
The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New …
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch
Elisabeth Haub School of Law Student Publications
The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve …
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon
Elisabeth Haub School of Law Student Publications
The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” …
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi
Elisabeth Haub School of Law Student Publications
Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve …
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson
Elisabeth Haub School of Law Student Publications
Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This …
Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun
Elisabeth Haub School of Law Student Publications
The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin
Elisabeth Haub School of Law Student Publications
When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the …
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Elisabeth Haub School of Law Student Publications
The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …
Historic Preservation And The Wilderness, Seth Kagan
Historic Preservation And The Wilderness, Seth Kagan
Elisabeth Haub School of Law Student Publications
The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV …
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Annotated Bibliography On Independent Prison Oversight, Michele Deitch
Pace Law Review
No abstract provided.
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Independent Correctional Oversight Mechanisms Across The United States: A 50-State Inventory, Michele Deitch
Pace Law Review
No abstract provided.
Getting To Yes In A Plra World, Elizabeth Alexander
Getting To Yes In A Plra World, Elizabeth Alexander
Pace Law Review
No abstract provided.
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Effective Corrections Oversight: What Can We Learn From Aca Standards And Accreditation?, David M. Bogard
Pace Law Review
No abstract provided.
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Accrediting The Accreditors: A New Paradigm For Correctional Oversight, Lynn S. Branham
Pace Law Review
No abstract provided.
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Ensuring Progress: Accountability Standards Recommended By The National Prison Rape Elimination Commission, Jamie Fellner
Pace Law Review
No abstract provided.
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Reflections On A Government Model Of Correctional Oversight, Richard T. Wolf
Pace Law Review
No abstract provided.
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Role Of The Correctional Association Of New York In A New Paradigm Of Prison Monitoring, Jack Beck
Pace Law Review
No abstract provided.
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Oversight Of Law Enforcement Is Beneficial And Needed—Both Inside And Out, Barbara Attard
Pace Law Review
No abstract provided.
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
The Role Of Civilian Organizations With Prison Access And Citizen Members—The New York Experience, John M. Brickman
Pace Law Review
No abstract provided.
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Prison Inspection And The Protection Of Prisoners’ Rights, Anne Owers
Pace Law Review
No abstract provided.
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
The Ombudsman As A Monitor Of Human Rights In Canadian Federal Corrections, Howard Sapers, Ivan Zinger
Pace Law Review
No abstract provided.
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
The Role Of Citizens And Non-Profit Advocacy Organizations In Providing Oversight, Vivien Stern
Pace Law Review
No abstract provided.
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Professionalism In Corrections And The Need For External Scrutiny: An International Overview, Andrew Coyle
Pace Law Review
No abstract provided.
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
The Importance Of Dialogue And Cooperation In Prison Oversight, Silvia Casale
Pace Law Review
No abstract provided.
Prison Oversight And Prison Leadership, Stan Stojkovic
Prison Oversight And Prison Leadership, Stan Stojkovic
Pace Law Review
No abstract provided.
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
The Quixotic Dilemma, California’S Immutable Culture Of Incarceration, Geri Lynn Green
Pace Law Review
No abstract provided.
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Reflections On 60 Years Of Outside Scrutiny Of Prisons And Prison Policy In The United States, Nicholas De B. Katzenbach
Pace Law Review
No abstract provided.
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
From White Plains To Austin: The Road From The Prison Reform Revisited Conference To The Opening Up A Closed World Conference, Michael B. Mushlin
Pace Law Review
No abstract provided.