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Articles 91 - 117 of 117
Full-Text Articles in State and Local Government Law
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Beyond Walls And Fences: Exploring The Legal Geography Of Gated Communities In Mixed Spaces, Manal Totry-Jubran
Journal of Law and Policy
In the last three decades, a new type of physical seclusion has appeared around the world: the gating and walling of urban and suburban spatial residences. This phenomenon, led mainly by dominant socio-economic groups, is referred to as “gated communities.” This article focuses on the legal challenges that gated communities raise in ethnocratic societies that share a legacy of segregation and of unequal distribution of land. The main argument is that, due to this legacy, the legality of gated communities and walls that separate communities generate legal debates that goes beyond classic legal claims of rights violations of non-residents of …
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri
Journal of Law and Policy
Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …
Legislatively Mandating A Cba Is Not The Way: A Case Study Of Detroit’S Proposed Community Benefits Ordinance And Its Constitutionality Under The Takings Clause Of The Fifth Amendment, Colyn Eppes
Journal of Law and Policy
Community Benefit Agreements, or CBAs, have quickly become a useful tool to ensure that the benefits reaped from large-scale urban development projects are shared among all stakeholders, particularly the community in which the development takes place. In exchange for the local community’s support, which is critical to the developer to progress through the permit application process efficiently, the developer contractually agrees to provide a slate of benefits to the affected community. CBAs have been lauded for their ability to require developers to promote affordable housing, first-source hiring programs, and other targeted benefits which the host community contracted for. However, one …
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Equitable Relief For Private Rico Plaintiffs: Using Donziger To Remedy Courthouse Corruption, Anna Hanke
Journal of Law and Policy
In Chevron Corp. v. Steven Donziger, the Southern District of New York granted Chevron an injunction against Donziger under the Racketeer Influenced and Corrupt Organizations (RICO) Act, preventing the enforcement of an Ecuadorean judgment against it in the United States. This Note discusses the circuit court split on whether injunctive relief may be granted in a civil RICO suit, arguing that injunctive relief is an available remedy within the statute’s plain meaning, legislative intent, and evolving jurisprudence of civil RICO. The Note applies the Donziger interpretation of RICO to a case of a similarly corrupted judgment, Caperton v. A.T. Massey …
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Free Agency: The Constitutionality Of Methods That Influence A Presidential Elector’S Ability To Exercise Personal Judgment, Zachary J. Shapiro
Journal of Law and Policy
When the Constitution of the United States went into effect on March 4, 1789, it established a new, hybrid form of government. As such, it created a complex and multifaceted process of electing our nation’s chief executive. Most notably, it granted states the power to choose a slate of presidential electors to debate the qualifications of the candidates selected by the voters. In recent history, however, certain states have established laws that severely limit the ability of presidential electors to exercise their right to vote for the candidates that they believe to be the best choice to sit in the …
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
The Case For Lgbt Equality: Reviving The Political Process Doctrine And Repurposing The Dormant Commerce Clause, Terri R. Day, Danielle Weatherby
Brooklyn Law Review
As a reaction to the Supreme Court’s historic marriage equality decision earlier this summer, many Southern state legislators opposing the trend toward LGBT-protective laws have proposed legislation that would essentially prohibit municipalities from carving out new antidiscrimination protections for the LGBT community. Conservative Senator Bart Hester spearheaded the passing of one of these “anti” antidiscrimination laws in Arkansas, and states like Texas, West Virginia, Michigan, and Oklahoma are not far behind. These “Hester-type laws” are strikingly similar to the Colorado amendment struck down by the Romer v. Evans Court 20 years ago. Both the Colorado amendment and the new wave …
Panhandling And The First Amendment: How Spider-Man Is Reducing The Quality Of Life In New York City, Steven J. Ballew
Panhandling And The First Amendment: How Spider-Man Is Reducing The Quality Of Life In New York City, Steven J. Ballew
Brooklyn Law Review
Recently, New York and other cities have taken steps to regulate panhandling activity in their communities. These regulations are informed by Broken Windows policing, which emphasizes addressing quality-of-life issues as a strategy for reducing crime. Yet government-imposed limitations on panhandling raise concerns about whether such measures violate panhandlers’ First Amendment rights. This note explores whether it is possible to separate the act of panhandling—defined as approaching a stranger in public and requesting immediate and gratuitous cash payment for oneself—from expression that is protected by the First Amendment. It concludes that, based on a concurrence from Justice Kennedy in International Society …
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Shock Incarceration And Parole: A Process Without Process, Adam Yefet
Brooklyn Law Review
The idea that an inmate could possess a liberty interest in parole is a relatively recent development in Fourteenth Amendment law. It was not until 1979, in Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, that the Supreme Court examined Nebraska’s parole scheme and found that inmates could have a liberty interest in parole. The primary implication of Greenholtz was that parole statutes that contained certain mandatory language could confer upon inmates a liberty interest in parole. Applying the Greenholtz analysis, numerous parole schemes across the country were held to create a liberty interest and to require …
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Reflections On Opportunity In Life And Law, Judith S. Kaye
Reflections On Opportunity In Life And Law, Judith S. Kaye
Brooklyn Law Review
This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law
The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Switch Hitters: How League Involvement In Daily Fantasy Sports Could End The Prohibition Of Sports Gambling, Jordan Meddy
Brooklyn Journal of Corporate, Financial & Commercial Law
Whether in the form of lotto tickets or casino table games, gambling is legally permitted in some way in virtually every U.S. state. Yet, in all but a handful of jurisdictions, federal law prohibits wagering on sporting events or professional athletes in any form. Several economically challenged states, particularly New Jersey, have been trying to authorize sports gambling within their borders as a way to raise tax revenues and support their local gambling industries. While these attempts have thus far been unsuccessful, Daily Fantasy Sports have simultaneously experienced a meteoric rise, becoming a multi-billion dollar industry. This Note examines the …
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Share And Share Dislike: The Rise Of Uber And Airbnb And How New York City Should Play Nice, Alexandra Jonas
Journal of Law and Policy
Uber and Airbnb are two companies in the emerging “sharing economy” that provide individuals with a means to become entrepreneurs and benefit from a laissez-faire business model. The problem, however, is that while the benefits to users are great, so too are the risks. The dangers of operating without restraint and circumventing existing law are not only potentially harmful to unapprised users, but also adversely affect the continued use of these businesses. Every aggrieved user complaint has the potential for a lawsuit and every violation creates an opportunity for penalties. Left over are attempts by the courts and city government …
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
Reflections On The State As Fiduciary, Andrew S. Gold
Reflections On The State As Fiduciary, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Dirty Remics, Revisited, David J. Reiss, Bradley T. Borden
Faculty Scholarship
No abstract provided.
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
The New Second Circuit Local Rules: Anatomy And Commentary, Jodi Balsam
Faculty Scholarship
No abstract provided.
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Introduction: Third Abraham L. Pomerantz Lecture: The First Amendment And Government Regulation Of Economic Markets, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer
Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer
Faculty Scholarship
No abstract provided.
To Where Does One Attach The Horses?, Aaron Twerski
To Where Does One Attach The Horses?, Aaron Twerski
Faculty Scholarship
No abstract provided.
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski
Faculty Scholarship
No abstract provided.
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Faculty Scholarship
No abstract provided.