Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (397)
- State and Local Government Law (285)
- Courts (242)
- Criminal Law (151)
- Criminal Procedure (150)
-
- Supreme Court of the United States (93)
- Environmental Law (92)
- Judges (72)
- Fourteenth Amendment (62)
- Civil Procedure (59)
- Family Law (58)
- Jurisprudence (58)
- Legislation (55)
- Evidence (53)
- First Amendment (45)
- Fourth Amendment (45)
- Property Law and Real Estate (43)
- Torts (43)
- Jurisdiction (42)
- Civil Rights and Discrimination (41)
- Estates and Trusts (39)
- Land Use Law (39)
- Legal Ethics and Professional Responsibility (38)
- Civil Law (36)
- Natural Resources Law (36)
- Business Organizations Law (35)
- Law Enforcement and Corrections (35)
- Legal History (35)
- Contracts (32)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (449)
- University of Michigan Law School (233)
- Pace University (116)
- Fordham Law School (86)
- New York Law School (33)
-
- Selected Works (32)
- Columbia Law School (30)
- St. John's University School of Law (14)
- University of Colorado Law School (14)
- Brooklyn Law School (11)
- Pepperdine University (10)
- City University of New York (CUNY) (7)
- William & Mary Law School (7)
- University of Massachusetts Boston (6)
- SelectedWorks (5)
- Yeshiva University, Cardozo School of Law (5)
- Florida State University College of Law (4)
- University of Kentucky (4)
- Chicago-Kent College of Law (3)
- Notre Dame Law School (3)
- Nova Southeastern University (3)
- Roger Williams University (3)
- Washington and Lee University School of Law (3)
- Maurer School of Law: Indiana University (2)
- Maurice A. Deane School of Law at Hofstra University (2)
- Montclair State University (2)
- University of Florida Levin College of Law (2)
- University of Rhode Island (2)
- University of Richmond (2)
- University of Tennessee College of Law (2)
- Publication Year
- Publication
-
- Touro Law Review (425)
- Michigan Law Review (193)
- Pace Law Review (62)
- Fordham Law Review (49)
- Fordham Urban Law Journal (33)
-
- Elisabeth Haub School of Law Faculty Publications (30)
- Faculty Scholarship (27)
- Articles (26)
- Scholarly Works (25)
- NYLS Law Review (22)
- Elisabeth Haub School of Law Student Publications (12)
- University of Michigan Journal of Law Reform (11)
- Articles & Chapters (9)
- Brooklyn Law Review (9)
- Patricia E. Salkin (7)
- Capstones (6)
- Journal of the National Association of Administrative Law Judiciary (6)
- Pace Environmental Law Review (6)
- Sabin Center for Climate Change Law (6)
- St. John's Law Review (6)
- Environmental Law Program Publications @ Haub Law (5)
- Faculty Publications (4)
- Journal of Civil Rights and Economic Development (4)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (4)
- Chicago-Kent Law Review (3)
- Richard Daniel Klein (3)
- Scholarly Publications (3)
- All Institute for Community Inclusion Publications (2)
- Bankruptcy Research Library (2)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Publication Type
- File Type
Articles 31 - 60 of 1119
Full-Text Articles in Law
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon
NYLS Law Review
No abstract provided.
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Notre Dame Journal on Emerging Technologies
In this comparative study, I will analyze the various methods employed by states for monitoring and curtailing methane leakage in comparison with approaches that have been employed at the federal level. I will juxtapose the regulatory regimes of Colorado, North Dakota, New York, Pennsylvania, New Mexico, and California with the Obama Administration methane leakage regulations, including the 2016 Bureau of Land Management (BLM) "methane waste rule" regulations that the Trump Administration formally rolled back in September 2018. Finally, I will consider what the failure of the Obama Administration methane leak regulations means for climate change law in the United States …
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano
Touro Law Review
No abstract provided.
Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D.
Book Review: Was Yosef On The Spectrum By Samuel J. Levine, Ian Hale, Ph.D.
Touro Law Review
No abstract provided.
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
How To Deter Pedestrian Deaths: A Utilitarian Perspective On Careless Driving, John Clennan
Touro Law Review
No abstract provided.
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy
Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy
Online Publications
The Constitution does not guarantee all citizens the right to vote. Rather, the right to vote is implied through a patchwork of amendments that restrict how voting rights may be limited. For example, the 15th Amendment reads “[t]he right of citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.” Subsequent amendments added gender, failure to pay poll taxes, literacy, and age over 18 to the list of characteristics for which denying the right to vote may not be based.
Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert
Bitter Beer Face: Are Beer Conglomerates Violating New York Consumer Protection Laws?, Christopher R. Deubert
Hofstra Law Review
This Article examines the potential legal implications under New York consumer protection laws of the growth in the beer industry: specifically, the battle between the craft beer industry and its large corporate competitors over labeling and advertising. This Article proceeds in four Parts: Part II summarizes the growth and consolidation of the craft beer industry; Part III explains federal regulation of beer labeling; Part IV explains New York State's regulation of beer labeling; and Part V examines the application of New York consumer protection laws to the labeling practices of the beer industry. This Article concludes with the determination that …
Norway's Lessons, Harald Hoiback
Norway's Lessons, Harald Hoiback
The US Army War College Quarterly: Parameters
This article argues Norway’s minor role in the Afghanistan War (2001–14) included opportunities to learn about the evolution of military deployments over the course of a prolonged counterinsurgency-focused conflict, the civilian and military dynamics, and the political challenges of contributing to such a conflict.
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin
Jeffrey Bellin
New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …
Due Process Supreme Court Rockland County
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
The Concrete Jungle: Where Dreams Are Made Of . . . And Now Where Children Are Protected, Samantha A. Mumola
Pace Law Review
The tragic and unsettling story of Kalief Browder has notably emerged as a prominent illustration of our criminal justice system’s historical failure to protect our youth. Kalief’s story gained massive media attention with the help of a TIME documentary series featured on Netflix and famous A-listers such as music artist Jay-Z and TV host Rosie O’Donnell. It is hard to ignore the fact that Kalief Browder was cheated by the system; he chose suicide to escape his demons, which developed after undeserved time spent at Riker’s – a place he would have never experienced had he initially been tried as …
Court-To-School Pipelines: Meeting Special Education Needs For Students On Juvenile Probation In New York, Lisa F. Grumet
Court-To-School Pipelines: Meeting Special Education Needs For Students On Juvenile Probation In New York, Lisa F. Grumet
NYLS Law Review
No abstract provided.
The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk
The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk
Faculty Scholarship
David Dudley Field was the architect of the union – or fusion or merger – of equity and law in New York state, and the Field Code was widely adopted in other states. Field’s vision of the union of law and equity has prevailed in the United States, including at the federal level, at least in theory. However, the practise of law and acts of the courts indicate that the reality is rather different. Equity was not sundered by the Field Code or its federal counterpart, the Federal Code of Civil Procedure 1938. Equity continues to operate distinctly in various …
Three Legal Visions Of A ‘Green New Deal’, Michael B. Gerrard, Edward Mctiernan
Three Legal Visions Of A ‘Green New Deal’, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
Rep. Alexandria Ocasio-Cortez (D-N.Y.), who has rocketed to such fame that she is now widely known simply as AOC, and Sen. Edward Markey (D-Mass.), co-father of Waxman-Markey, the cap-and- trade bill that narrowly passed the House in 2009 but died in the Senate, have introduced identical resolutions to create a “Green New Deal.” H. Res. 109, S. Res. 59.
Annual Review Of Developments Under Seqra, Michael B. Gerrard, Edward Mctiernan
Annual Review Of Developments Under Seqra, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
The courts decided 46 cases under the State Environmental Quality Review Act (SEQRA) in 2018. However, the most important action under SEQRA was in the Legislature, followed by the state Department of Environmental Conservation (DEC).
New Climate Law Will Reshape Ny’S Key Sectors, Michael B. Gerrard, Edward Mctiernan
New Climate Law Will Reshape Ny’S Key Sectors, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
Deep changes in the way electricity is generated, people and goods move around, and buildings are erected and renovated in New York will be required by the Climate Leadership and Community Protection Act (CLCPA), which both houses of the state Legislature have passed and Governor Andrew Cuomo has promised to sign.
New York’S New Congestion Pricing Law, Michael B. Gerrard, Edward Mctiernan
New York’S New Congestion Pricing Law, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
In the biggest change in local transportation policy in a generation, maybe two, “congestion pricing” will be instituted in Manhattan’s Central Business District in early 2021. It is the first action in decades that could actually lower traffic congestion, and that could provide a stable funding base for the capital program of the Metropolitan Transportation Authority (MTA). It also transfers considerable power from the Mayor to the Governor.
New York Environmental Legislation In 2018, Michael B. Gerrard, Edward Mctiernan
New York Environmental Legislation In 2018, Michael B. Gerrard, Edward Mctiernan
Faculty Scholarship
In 2018, New York State enacted a Drug Take Back Act in response to environmental and public health concerns about improper disposal of unused drugs. Another enactment gave the Department of Health (DOH) greater discretion in enforcement actions against landlords that do not take adequate action to abate lead paint. Other new laws tinkered with legislation enacted in 2017 to protect drinking water and to promote clean energy and energy storage. In addition, Governor Andrew M. Cuomo signed laws concerning farmland and pollinator protection. In New York City, a Styrofoam ban went into effect on Jan. 1 after courts rejected …
The Art Of Fortune-Taking, Allison Weintraub
The Art Of Fortune-Taking, Allison Weintraub
Capstones
People suffering grief or emotional distress turn to many places for comfort, which can make them a target of psychic scam artists. Stigma about falling for scams might prevent victims from seeking help. https://medium.com/@allison.weintraub/the-art-of-fortune-taking-5cdedb6718d0
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Beyond Localism: Harnessing State Adaptation Lawmaking To Facilitate Local Climate Resilience, Sarah J. Adams-Schoen
Michigan Journal of Environmental & Administrative Law
Notwithstanding the need for adaptation lawmaking to address a critical gap between climate-change related risks and preparedness in the United States, no coherent body of law exists that is aimed at reducing vulnerability to climate change. As a result of this gap in the law, market failures, and various “super wicked” attributes of hazard mitigation planning, local communities remain unprepared for present and future climate-related risks. Many U.S. communities continue to employ land-use planning and zoning practices that, at best, fail to mitigate these hazards, and, at worst, increase local vulnerability. Even localities that have implemented otherwise robust adaptation plans …
Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel
Interlocutory Appeals In New York-Time Has Come For A More Efficient Approach, David Scheffel
Pace Law Review
Currently, the appellate division must decide an enormous number of appeals every year.7 In light of this caseload crisis, New York must reevaluate its generous approach to interlocutory appeals.8 This Comment discusses how the appellate division can deal most efficiently with interlocutory appeals. Part II describes the history of interlocutory appeals in New York, since the creation of the appellate division. Part III explains how other jurisdictions treat interlocutory appeals. Part IV presents the current caseload crisis in the appellate division. Part V describes the controversy over unlimited interlocutory appealability. Part VI evaluates how New York can streamline its approach …
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
The Unconstitutionality Of Consolidated Planning Boards: Interlocal Planning Under New York Law, Albert J. Pirro Jr.
Pace Law Review
This Article will examine the nature and constitutionality of consolidated planning boards in light of the broad powers actually granted them. The issues surrounding the constitutionality of consolidated planning boards begs, yet again, Chief Justice Marshall's question respecting the extent of the power granted to the state governments. The question is whether a municipality may abdicate its power to regulate land within its own boundaries by delegating it to a separate planning entity.
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno
Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno
Pace Environmental Law Review
This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases concern, namely …
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
Twelve Injured Men: Why Injured Jurors Should Not Receive Workers' Compensation Coverage From The Courts, Corey Baron
St. John's Law Review
(Excerpt)
This Note argues that the legislature should add a provision to New York’s Workers’ Compensation Act that expressly precludes jurors from coverage. Such a provision would comport with the policy underlying the statute, the statute’s structure, and the statute’s language. Moreover, that legislative provision would prevent the court from wasting the considerable time and expense of grappling with other courts’ inconsistent interpretations of workers’ compensation statutes and their underlying policies. First, Part I of this Note provides an overview of the workers’ compensation law and explores the policies underlying the advent of workers’ compensation statutes. Then, Part II surveys …
New York Breaks Gideon’S Promise, Rebecca King
New York Breaks Gideon’S Promise, Rebecca King
Pace Law Review
In 1963, the Supreme Court of the United States held that criminal defendants have the constitutional right to counsel, regardless of whether they can afford one, in the famous case of Gideon v. Wainwright. However, statistics, as well as public defense attorneys, reveal that the Supreme Court’s decision has yet to be fulfilled. Part of the problem is due to the system of mass incarceration in the United States. In 2013, the Brennan Center for Justice reported that the prison population reached 2.3 million individuals, compared to the 217,000 inmates imprisoned when Gideon was decided. The American Bar Association estimates …
Review Of Privileged Documents In Trial And Deposition Preparation Of Witnesses In New York: When, If Ever, Will The Privilege Be Lost?, Michael J. Hutter
Review Of Privileged Documents In Trial And Deposition Preparation Of Witnesses In New York: When, If Ever, Will The Privilege Be Lost?, Michael J. Hutter
Pace Law Review
This article will examine New York’s refreshing recollection doctrine in the context of trial and deposition preparation of witnesses as to the consequences of the witness’s review of privileged writings. Initially, Part II will discuss Rule 612 of the Federal Rules of Evidence. The discussion will serve as the backdrop for the analysis of the above-mentioned issues under New York law. Part III will then examine the refreshing recollection doctrine as developed and applied to testifying witnesses at a trial or deposition by the New York courts. The examination will point out the doctrine’s key rules. Part IV discusses the …
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Born Free: Toward An Expansive Definition Of Sex, Laura Palk, Shelly Grunsted
Michigan Journal of Gender & Law
The State of New York recently issued its first physician-certified “intersex” birth certificate, correcting a 55-year-old’s original birth certificate. This is a positive step towards eliminating the traditional binary approach to a person’s birth sex, but it creates potential uncertainties in the employment discrimination context. Over the past several years, the definition of what constitutes “discrimination on the basis of sex” has both expanded (with the legalization of same-sex marriage) and narrowed (restricting the use of gender specific bathrooms). Until recently it appeared that a broader definition of the term “sex” would become the judicial—and possibly legislative—norm in a variety …
The Myth Of Preliminary Due Process For Misdemeanor Prosecutions In New York, Anjali Pathmanathan
The Myth Of Preliminary Due Process For Misdemeanor Prosecutions In New York, Anjali Pathmanathan
Faculty Publications
The existing criminal procedure laws of New York do not afford the misdemeanor accused any meaningful preliminary opportunity to fight the substantiation of the accusations against them. This is problematic given that a criminal prosecution can have extreme consequences on an individual’s life, including the loss of liberty, employment, housing, child custody or freedom from immigration removal proceedings. This article therefore analyzes the weaknesses in the existing criminal procedure laws for these prosecutions, and assesses how historical protections dissolved into the myth of preliminary due process for misdemeanor cases today. Ultimately, since the current procedures are ineffective in protecting against …
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
University of Richmond Law Review
Part I explores the historical roots of the Convention,
discusses the evolution of its removal provisions, and explains how
it functions in the district courts today. Part II addresses the arguments
in favor of reverting to the Ruhrgas standard. This article
demonstrates that the current judicial interpretation of the Convention's
removal provisions under Beiser is too broad and that the
stricter construction under Ruhrgas should be re-adopted. Part II
examines three key reasons why the current Beiser standard is unworkable:
the current standard (1) leads to absurd results, (2) disrespects
notions of federalism and strains comity, and (3) in conjunction …