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State and Local Government Law Commons™
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Articles 61 - 90 of 134
Full-Text Articles in State and Local Government Law
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
New York’S Decanting Statute: Helping An Old Vintage Come To Life Or Spoiling The Settlor’S Fine Wine?, David Restrepo
Pace Law Review
The Comment examines trust decanting in four parts. Part I reviews the historical evolution of decanting statutes, first from common law roots, and later focusing on the legislative history of New York’s decanting statute. Part II briefly explains the functionality of section 10-6.6 of the NY EPTL; the “how does it work” explanation of the statute that authorizes decanting. Part III will discuss the many practical uses of the decanting statute. Finally, Part IV will transition into a discussion on how the trustee’s use of this statute not only leaves him in limbo regarding the tax treatment of his actions, …
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Upholding A 40-Year-Old Promise: Why The Texas Sonogram Act Is Unlawful According To Planned Parenthood V. Casey, Vicki Toscano, Elizabeth Reiter
Pace Law Review
This Article begins with a brief review in Part II of the three crucial Supreme Court cases on abortion rights: Roe v. Wade, Planned Parenthood of Southeastern Pennsylvania v. Casey, and Gonzalez v. Carhart. Based on these cases, Part III formulates a constitutional test that courts should be using to determine whether an abortion regulation is constitutional that includes all of the factors identified by the Supreme Court as part of the “undue burden” analysis, factors that have been overlooked by many courts. Finally, Part IV applies this constitutional test to the Texas Sonogram Act, concluding that the act is …
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Learning From Washington: A New Approach To Analyzing The Structure Of New York City's Government, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
Mr. Yassky delivered these remarks on February 18, 2013, at the symposium Process, Powers, and Lessons for the Future: 25 Years of New York City Charter Revisions, sponsored by the Center for New York City Law and the New York Law School Law Review and held at New York Law School. Mr. Yassky’s remarks were given as part of the panel titled The Balance of Powers Under the New York City Charter and are followed by a dialogue between Mr. Yassky and the other members of that panel: John Avlon, Senior Political Columnist, Newsweek; Elizabeth Fine, General Counsel, New York …
Seeking Justice In The Empire State: Court Of Appeals Broadens The Reach Of Long Arm Jurisdiction And Clarifies The Statutory Guidelines For Application Of Cplr Section 302(A)(1), Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This article will discuss developments in long-arm jurisdiction under CPLR section 302(a)(1)1 and analyze the recent New York State Court of Appeals‘s thoughtful and instructive decision in Licci ex rel. Licci v. Lebanese Canadian Bank, SAL. Licci decided the question of whether a non-domiciliary‘s maintenance of a bank account in New York constituted a “transaction of business” out of which the plaintiff‘s claims arose under the state‘s long-arm statute. The Licci plaintiffs had alleged that the defendant funded a terrorist organization responsible for the injuries and deaths of certain plaintiffs and decedents they represented. The Licci opinion did not decide …
Zoning For Apartments: A Study Of The Role Of Law In The Control Of Apartment Houses In New Haven, Connecticut 1912–1932, Marie Boyd
Pace Law Review
This Article attempts to present a more comprehensive and detailed examination of the place of apartments—before, during, and after the enactment of zoning—than has been presented in the literature to date through an examination of the impact of apartment houses on both pre-zoning land use patterns and the zoning process in New Haven. This Study examines the period between 1912 and 1932, with a particular emphasis on the period between 1922 and 1926. The latter period begins with the selection of New Haven’s first Zoning Commission in 1922 and concludes with the passage of New Haven’s first zoning ordinance in …
Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams
Hardball In City Hall: Public Financing Of Sports Stadiums, Roger I. Abrams
Pace Intellectual Property, Sports & Entertainment Law Forum
Roger I. Abram’s article on public financing of sports stadiums is an unedited portion of Chapter 9 from Abram’s forthcoming book, Playing Tough: The World of Sports and Politics, published by University Press of New England (2013).
Big Things In Small Packages: Evaluating The City Of Berkeley’S Nanotechnology Ordinance Effectiveness As A Model Of Targeted Transparency, Drew Lerer
Pace Environmental Law Review
The purpose of this article is threefold. First, a practical ideal model of a nanotechnology disclosure policy is developed based on relevant literature. Second, the City of Berkeley’s Engineered Nanoparticle Disclosure Ordinance (BENDO) is assessed using the practical ideal type characteristics. Finally, recommendations to improve the BENDO are presented based on the assessment.
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Changes Spark Interest In Sustainable Urban Places: But How Do We Identify And Support Them?, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Changes in climatic and demographic trends are sparking renewed interest in cities generally and sustainable communities particularly. On the one hand, residents and workers in denser, mixed-use neighborhoods served by transit have half the carbon footprint of those in spread-out suburban areas. On the other hand, many of the smaller households that characterize the nation’s growing population prefer to live in precisely those compact, mixed-use neighborhoods. In New York, these changes align with several new state policies that encourage cities and towns to reduce carbon emissions, reduce vehicle travel, create sustainable buildings and neighborhoods, and preserve the landscapes that sequester …
Affirmatively Furthering Fair Housing: The Search For Solutions That Are Just Right, John R. Nolon, Tiffany Zezula
Affirmatively Furthering Fair Housing: The Search For Solutions That Are Just Right, John R. Nolon, Tiffany Zezula
Elisabeth Haub School of Law Faculty Publications
A federal False Claims Act action against Westchester County, New York launched a unique effort to explore whether zoning, subsidies, and advocacy could significantly Increase the percentage of minorities living in largely white communities. A Voluntary Cooperation Agreement entered into by Marin County, California raises a similar question. This article describes the legal background of the lawsuit brought against Westchester County, the Settlement Agreement that arose from it, and the attempt by Westchester County to carry out its obligations to affirmatively further fair housing. It traces the evolution of exclusionary zoning law in New York State courts, contrasts it to …
Land Use For Economic Development In Tough Financial Times, John R. Nolon
Land Use For Economic Development In Tough Financial Times, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The recession hit cities hard. Basic municipal staffs and services are being cut, debt is being restructured, capital projects delayed, and other cost cutting measures reported. The Congressional Budget Office reports that by November of last year there were 241,000 fewer municipal employees than there were three years earlier when the recession began. In its most recent report from city finance officers, the National League of Cities states that city spending cutbacks since 2009 are the largest since the survey was first taken, over twenty-five years ago. Despite this serious trend, municipalities have not defaulted in debt payment and there …
Capturing Individual Harms, Katrina Fischer Kuh
Capturing Individual Harms, Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …
The Family Court—A Short History, Merril Sobie
The Family Court—A Short History, Merril Sobie
Elisabeth Haub School of Law Faculty Publications
The New York State Family Court was established in 1962. The framer's intent, which was largely achieved, was the formation of an omnibus tribunal capable of adjudicating every justiciable family related dispute. Accordingly, Family Court incorporated the former State Children's Courts, the domestic violence parts of the local criminal courts, and the paternity parts of the former Court of Special Sessions. In addition, Family Court was granted adoption and abandonment jurisdiction, concurrent child custody jurisdiction, and concurrent post-divorce modification and enforcement jurisdiction. This paper will outline the pre-Family Court history in synopsis form, and briefly describe the Court's post-1962 developments.
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 …
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 …
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 …
“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.
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 …
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 …
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 …
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 …
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.
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.
Recent Statute Of Limitations Developments In The New York Court Of Appeals, Jay C. Carlisle Ii
Recent Statute Of Limitations Developments In The New York Court Of Appeals, Jay C. Carlisle Ii
Pace Law Review
No abstract provided.
A Double Blessing, Our State And Federal Constitutions, Judith S. Kaye
A Double Blessing, Our State And Federal Constitutions, Judith S. Kaye
Pace Law Review
No abstract provided.
Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago
Albany's Dysfunction Denies Due Process, Eric Lane, Laura Seago
Pace Law Review
No abstract provided.
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 …