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Articles 1 - 30 of 114
Full-Text Articles in Law
The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod
The Overwhelming Case For Clean Air Act Reform, Bill Pedersen, David Schoenbrod
Other Publications
Congress could add half year to the life of the average american by eliminating two false assumptions built into the foundation of the CleanAir Act: (1) All pollutants have a safe level (2) pollution is local.
Leasing Space In New York City: A Practical Guide For Technology Start-Ups, New York Law School
Leasing Space In New York City: A Practical Guide For Technology Start-Ups, New York Law School
Center for Real Estate Studies
On behalf of the New York City Economic Development Corporation, the Center for Real Estate Studies’ Capstone Seminar examined the various issues that growth-stage technology companies face when leasing office space in New York City. After compiling data from a variety of sources, including interviews with real estate and technology sector stakeholders and substantial legal research, the authors developed a practical guide for start-ups to use when negotiating a lease for office space. The guide identifies, in depth, the issues facing growth-stage technology companies in lease negotiations, provides practical advice on how to address those those issues, and suggests strategies …
Alternatives For Scheduling The Bar, Mary Campbell, Carol A. Buckler
Alternatives For Scheduling The Bar, Mary Campbell, Carol A. Buckler
Articles & Chapters
No abstract provided.
Perspectives - Kenneth Levien And Kimberly Dowdell Of Levien & Company, Inc., James Hagy, Dmitriy Ishimbayev
Perspectives - Kenneth Levien And Kimberly Dowdell Of Levien & Company, Inc., James Hagy, Dmitriy Ishimbayev
Rooftops Project
Kenneth Levien and Kimberly Dowdell share thoughts with The Rooftops Project’s Dmitriy Ishimbayev and Professor James Hagy on the role of project management in not-for-profit construction and renovation projects.
Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi
Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi
Rooftops Project
The Rooftops Project’s Shaan Lodi talks with Turkish relief organization Kimse Yok Mu about its approach to the real estate needed to support disaster response and other work in often challenging settings in 96 countries.
Panorama - Jefferson Mok, James Hagy, Arthy Bakthavasalam
Panorama - Jefferson Mok, James Hagy, Arthy Bakthavasalam
Rooftops Project
What is your real estate strategy when you are the first on-the-ground representative of a social service not-for-profit entering a remote market abroad with a new program? Jefferson Mok reflects on four years in Burundi in a conversation with The Rooftops Project’s Arthy Bakthavasalam and Professor James Hagy.
Panorama - Caring For The Palace Museum, Bejing, China, James Hagy, Cai Bowen
Panorama - Caring For The Palace Museum, Bejing, China, James Hagy, Cai Bowen
Rooftops Project
Shi Zhimin discusses his work as Director of the Ancient Building Management Office of The Palace Museum in Beijing, still also recognized by many visitors as the former Chinese imperial palace known as The Forbidden City, with Cai Bowen and Professor James Hagy, Director of The Rooftops Project.
Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile
Perspectives - Michael Carlton Of Carlton Architecture, James Hagy, Emily Barile
Rooftops Project
Michael Carlton talks with The Rooftops Project’s Emily Barile and Professor James Hagy about the intersections among architecture, interior design, real estate, and not-for-profit strategic planning.
Perspectives - Richard Cohn, Motion Picture Gaffer, Magician, Musician, James Hagy, Kristen Porro
Perspectives - Richard Cohn, Motion Picture Gaffer, Magician, Musician, James Hagy, Kristen Porro
Rooftops Project
The Rooftops Project’s Kristen Porro talks with Richard Cohn, Gaffer (Chief Electrician) to the television and movie industry on location in New York City, and performing magician, who shares tricks of his two trades that not-for-profits can use to make the most of often imperfect performance spaces.
Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard
Cohabitant Benefits For Michigan State Workers Upheld, Arthur S. Leonard
Other Publications
No abstract provided.
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
Articles & Chapters
The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.
Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel
Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel
Articles & Chapters
In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …
There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer
There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer
Articles & Chapters
This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.
The essay charts …
Theories Of State Compliance With International Law: Assessing The African Union’S Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy
Articles & Chapters
May 26, 2011, marked the ten-year anniversary of the establishment of the African Union, and with the sudden death of Muammar al Gaddafi, who was instrumental in the creation of the African Union, the time is ripe to fully re-assess the ability of the African Union to ensure state compliance with the Constitutive Act of the African Union (Constitutive Act) and the African Charter on Human and Peoples’ Rights (African Charter). The African continent has a long history of massive human rights abuses. Prior to 2001, the Organization of African Unity (OAU) was responsible for ensuring that African states complied …
Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein
Fcc Ancillary Jurisdiction Over Internet And Broadband, Michael Botein
Articles & Chapters
No abstract provided.
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Articles & Chapters
Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Articles & Chapters
An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin
Articles & Chapters
Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon
Articles & Chapters
No abstract provided.
The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin
The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin
Articles & Chapters
One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …
Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused
Marini V. Ireland: Protecting Low Income Renters By Judicial Shock Therapy, Richard H. Chused
Articles & Chapters
No abstract provided.
The First Amendment And The Second Commandment, Amy Adler
The First Amendment And The Second Commandment, Amy Adler
NYLS Law Review
No abstract provided.
Can Government Work?, Edward Skyler
The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker
The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker
Books
For twelve years Robert Blecker, a criminal law professor at New York Law School, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder.The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, Professor Blecker exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often …
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Articles & Chapters
Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
'Baton Bullying': Understanding Multi-Aggressor Rotation In Anti-Harassment Cases, Kris Franklin
Articles & Chapters
Schools are increasingly expected to intervene to prevent the sorts of bullying behavior that can interfere with education. If they do so inadequately, as a number of recent cases show, school districts may be held liable under Title IX for their “deliberate indifference” to harassment that effectively prevents the victim from receiving the benefits of public education. In popular imagination, “bullying” usually consists of one aggressor terrorizing one victim, sometimes with the assistance or tacit approval of other students. But least with respect to the many cases of students being targeted because they were, or were perceived to be, gay, …
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Mobilizing Law For Justice In Asia: A Comparative Approach, Frank W. Munger, Scott Cummings, Louise Trubek
Articles & Chapters
This article offers a comparative framework for studying why and how law is mobilized to advance justice claims by marginalized groups in Asia. In it, we build upon a series of collaborative exchanges between practitioners and scholars on the role of social justice lawyers in eleven Asian countries: Bangladesh, China, India, Indonesia, Malaysia, Mongolia, Myanmar, Philippines, Singapore, Thailand, and Vietnam. Based on lessons from this collaboration, we suggest that one way to understand variation in the type and scope of legal mobilization for the politically weak is in relation to two important domestic factors: political openness and autonomy of law. …
Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel
Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel
Articles & Chapters
One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman
Articles & Chapters
This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard
Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard
Articles & Chapters
No abstract provided.