Publisher: Pace University   (Total: 4 journals)   [Sort by number of followers]

Showing 1 - 4 of 4 Journals sorted alphabetically
Pace Environmental Law Review     Open Access   (Followers: 4)
Pace Intellectual Property, Sports & Entertainment Law Forum     Open Access   (Followers: 4)
Pace Intl. Law Review     Open Access   (Followers: 7)
Pace Law Review     Open Access   (Followers: 3)
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Pace Law Review
Number of Followers: 3  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0272-2410
Published by Pace University Homepage  [4 journals]
  • Surrogacy Law Reformed: Bringing New York Into the Twenty-First Century

    • Authors: Natalie Burke
      PubDate: Tue, 16 Aug 2022 19:09:49 PDT
  • Retroactive Application and its Setbacks to Addressing Housing Concerns in
           New York City: An Analysis of the Regina Metro Holding and its
           Implications to Part K MCI Changes Pursuant to the HSTPA

    • Authors: Arjana Balaj
      PubDate: Tue, 16 Aug 2022 19:09:47 PDT
  • A Rhetoric of Sustainable Development

    • Authors: Jeff Todd
      PubDate: Tue, 16 Aug 2022 19:09:44 PDT
  • Imposter Syndrome & The Law School Caste System

    • Authors: Sara L. Ochs
      Abstract: For decades, legal academia has been structured around a hierarchical caste system, with tenured and tenure-track doctrinal law professors—many of whom are men—occupying the highest caste, and professors of legal skills courses—who more often identify as women—relegated to the lower castes. The status of these “lower caste” professors is routinely reinforced through weaker job security, less respect, and lower pay than received by their doctrinal, “upper caste” colleagues. Given this inequality, imposter syndrome plays a pervasive role in the lives and careers of professors of legal skills courses. Relying on qualitative data obtained from teaching faculty and staff at ABA accredited and approved law schools nationwide, this Article analyzes how the law school hierarchy manifests as imposter syndrome in professors of legal skills courses, which impacts their relationships with colleagues; teaching; relationships with students; publication and promotion of scholarship; and personal health and wellbeing. Based on these findings, the Article argues that the impacts of imposter syndrome on skills professors—many of which have gendered implications—promote a recurring cycle of classism and discrimination within legal academia. The Article further identifies imposter syndrome as an institutionalized, rather than an individualized, problem within legal academia. The responsibility and capacity to address this problem therefore lies in the institution—in this case, law schools—rather than the skills professors themselves. Thus, this Article concludes that the only way to reduce the insidious presence of imposter syndrome in legal academia is to dismantle the law school caste system and level the hierarchy.
      PubDate: Tue, 16 Aug 2022 19:09:41 PDT
  • Grand Unified (Separation of Powers) Theory: Examining the United States

    • Authors: Emile Katz
      Abstract: This Article examines a novel separation of powers issue that the Supreme Court has never directly addressed: the existence and practices of the United States Marshals. The United States Marshals serve an executive branch function—law enforcement—yet are often directly overseen and commanded by the judicial branch. In the United States federal government system—in which the executive and judicial branches are designed to act independently—the control the federal courts exercise over the marshals raises separation of powers concerns. Since no court has decided what test should apply when federal courts vicariously exercise executive power, this Article applies several separation of powers tests to the organizational command structure of the marshals. These tests derive from unitary executive theory, the nondelegation doctrine, and the non-Article III adjudication doctrine. Each of these doctrinal areas involve circumstances where one branch exercises the power of another. By applying the various Court-created tests, this Article reveals the common features and parallel results of the various tests and discusses the broader implications of those similarities. Despite the different names the Court uses, each test fundamentally comes down to balancing convenience of governance against the danger of aggrandizing one of the three branches. It behooves the Court to consolidate the numerous tests and create a unified separation of powers doctrine.
      PubDate: Tue, 16 Aug 2022 19:09:38 PDT
  • The Decline of Habeas Corpus in Israel

    • Authors: Israel Zvi Gilat et al.
      PubDate: Tue, 16 Aug 2022 19:09:36 PDT
  • Understanding Loss of (Right To) Use Damages: Defining Fair and Reasonable
           Compensation for Loss of Use in Light of Historical Origins and Practical

    • Authors: Matthew J. Forrest
      Abstract: Loss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the historical origins of loss of use law to determine that tort victims denied the right to use their property must be compensated regardless of how they would have chosen to use their property. Because these damages do not depend on the owner’s actual use, loss of use should be thought of as loss of right to use. The Article then aims to define fair and reasonable compensation by arguing that the proper measure of damages for loss of right to use is daily market rental value for the period of deprivation. This simplified definition provides courts with a workable measure of damages that alleviates the need for judicial speculation while holding true to the goal of placing tort victims back in their original position.
      PubDate: Tue, 16 Aug 2022 19:09:33 PDT
  • Cruel and Unusual Punishment: The Eighth Amendment and ICE Detainees in
           the COVID-19 Crisis

    • Authors: Nechelle Nicholas
      PubDate: Thu, 24 Feb 2022 06:26:52 PST
  • In Your Own Defense: The Importance of Immuno-Oncology and the Problem
           with Patenting Under the "Laws of Nature"

    • Authors: Laura Schwartz
      PubDate: Thu, 24 Feb 2022 06:26:49 PST
  • Fine-Tuning: The Emergent Order-Maintenance Architecture of Local Civil

    • Authors: Brendan M. Conner
      PubDate: Thu, 24 Feb 2022 06:26:46 PST
  • How to Train Your Supervisor

    • Authors: Kris Franklin et al.
      PubDate: Thu, 24 Feb 2022 06:26:44 PST
  • The Road to Affordable Housing: How to Replace Highways with Homes in New
           York City

    • Authors: Chad Hughes
      Abstract: Urban highways cause significant air, water, and soil pollution that disproportionately harm low-income and nonwhite residents. Many urban highways are reaching the end of their useful life and would be extremely expensive to repair or replace. Cities around the world have removed urban highways to improve environmental outcomes and to avoid wasteful spending.While these teardowns have improved local and regional environmental quality and local traffic congestion, they have also led to increased land values near the retired rights of way. Without anti-displacement efforts, there is a risk that the very people who have been most harmed by urban highways will not be able to afford to remain in their neighborhoods once the highways have been removed. One potential anti-displacement measure would be to build a significant supply of affordable housing on any retired highway right of way. Cities and states already own this land, so local or state policymakers would be able to build more affordable and deeply affordable housing than is typically possible given high land costs in American cities. Removing a portion of a city’s highway system represents a unique opportunity to simultaneously improve environmental outcomes and counter the affordable housing crisis.This paper reviews the thicket of local, state, and federal laws that would be implicated if New York City and/or New York State undertook a project to replace a highway with affordable housing. City actors would be highly dependent on state and federal approval and would have to navigate the city’s arduous and politically charged land use review process. The governor of New York, however, has remarkable powers over state highways. The governor could unilaterally decommission any state-owned state highway, turn the right of way over to a state development authority, and then redevelop the right of way with affordable housing without going through the city’s land use review process or even adhering to local zoning.
      PubDate: Thu, 24 Feb 2022 06:26:41 PST
  • The Force of Law After Kisor

    • Authors: Beau J. Baumann
      PubDate: Thu, 24 Feb 2022 06:26:38 PST
  • Stagflation in American Jurisprudence

    • Authors: Chad G. Marzen et al.
      PubDate: Thu, 24 Feb 2022 06:26:35 PST
  • Using Investor-State Dispute Settlement to Enforce International
           Environmental Commitments

    • Authors: Andie Altchiler
      PubDate: Thu, 09 Sep 2021 10:58:21 PDT
  • Blockchain and Its Potential Real-World Applications: Implications on
           Discovery Procedures

    • Authors: Ross M. Keiser
      PubDate: Sun, 22 Aug 2021 19:05:34 PDT
  • United States v. Hoskins: An Opportunity for the Second Circuit to Limit
           the Abusive Reach of the FCPA

    • Authors: Christopher D. Man et al.
      PubDate: Sun, 22 Aug 2021 19:05:31 PDT
  • The Liability of Health Care Providers to Third Parties Injured by a

    • Authors: Samuel D. Hodge Jr.
      Abstract: Duty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physician-patient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law to impose liability upon health care providers for injuries sustained by third parties caused by patients in motor vehicle accidents.Various theories are advanced to establish liability, such as the physician being negligent by violating a statute created to protect the public through negligence per se, establishing prima facie negligence, or offering evidence of carelessness. A clear court consensus has failed to emerge whether the common law should be expanded in favor of responsibility. This article will provide a brief history of the efforts to enlarge physician liability to third parties. It will then focus on the cases that have arisen against physicians by a third party injured in a motor vehicle accident related to a patient’s medical condition or medication side-effects. This is a dilemma confronting the courts on a regular basis.
      PubDate: Sun, 22 Aug 2021 19:05:29 PDT
  • The United States Climate Change Policies and COVID-19: Poisoning the Cure

    • Authors: Carolina Arlota
      Abstract: Climate change is complex during the best of times. It is commonly conceptualized as the quintessential global collective action problem: it affects those who do not contribute to it while the benefits of climate change mitigation measures are not restricted to those who pursue such measures. This conceptualization illustrates the high transaction costs involved in domestic policies as well as in international agreements addressing climate change, and it is of academic and practical interest. As such, this Article discusses the current challenges that climate change policies face, focusing on the linkages between the climate change policies of the Trump administration and the COVID-19 pandemic and on the effects of those linkages, both in the United States and globally. Specifically, this Article addresses the Trump administration’s attacks on climate science and its deregulatory climate agenda, as well as the United States’ withdrawal from the Paris Agreement on Climate Change. In addition, it discusses principles of international law and the challenges related to state liability for environmental harms in the context of the COVID-19 crisis. This Article also assesses how the United States’ climate policies are likely to aggravate inequalities both domestically, as well as globally, in the aftermath of the pandemic.This Article offers several original contributions. First, it provides a unique assessment of how the deregulatory climate policies implemented nationally and internationally by the Trump administration have magnified the COVID-19 crisis. Second, the law and economics methodology used in this Article validates the claim that improving environmental quality is connected to optimizing early regulatory action. Third, this Article discusses the challenges of state liability for climate harms in the aftermath of the United States’ withdrawal from the Paris Agreement and concurrent COVID-19 pandemic. Finally, this Article offers relevant insights for the literature on climate change that are likely to be applicable to critical future situations, whether they are health-related, a global economic crisis, or climate-related emergencies.Ultimately, this Article concludes that, in the aggregate, all such climate change policies have contributed to increased pollution, including elevated greenhouse gas emissions that have aggravated pre-pandemic inequalities embedded within the United States and among countries. Consequently, the domestic and international policy choices of the Trump administration are worsening the impact of the pandemic, particularly for those in more vulnerable positions, as well as indelibly poisoning the global commons.Keywords: climate change, climate policy, international environmental law, international law, international energy law, COVID-19, pandemic, deregulation, Trump administration, Paris Agreement, international liability, climate harm, inequality.
      PubDate: Sun, 22 Aug 2021 19:05:26 PDT
  • Getting a Second Wind: Reviving Natural Rights Clauses as a Means to
           Challenge Unjustified Occupational Licensing Regulations

    • Authors: Alexander C. Lemke et al.
      Abstract: Occupational licensing refers to a government-imposed regulation which requires an individual to obtain a license before engaging in a certain line of work. Over the last several decades, occupational licensing regulations have expanded rapidly. While some of these regulations can be justified as a form of consumer protection (as in the medical industry), many simply operate as barriers to entry (as in the interior design industry). Furthermore, these regulations impose economic costs that fall disproportionately on those who are economically disadvantaged. Fortunately, bipartisan state legislative efforts have begun to make some progress in rolling back these regulations. However, because legislative reform is often slow, the bearers of these burdensome regulations often seek redress through the court systems. In a recent case, Ladd v. Real Estate Commission,1 the Pennsylvania Supreme Court ruled that certain licensing requirements violated the right to pursue one’s chosen occupation—a right it said was protected by the state’s natural rights clause enshrined in the Pennsylvania Constitution. We believe that Ladd’s conclusion is correct in light of the historical understanding of these natural rights clauses. Importantly, Pennsylvania is one of thirty-three states to have such a clause in its state constitution. These natural rights clauses provide an easy anchor point by which to argue that unjustified occupational licensing unduly interferes with one’s right to pursue a chosen occupation and, consequently, interferes with the rights guaranteed by the state constitution. Therefore, Ladd can serve as a powerful example of how to limit the breadth of occupational licensing through state court litigation in the majority of states.
      PubDate: Sun, 22 Aug 2021 19:05:23 PDT
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
Tel: +00 44 (0)131 4513762

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