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Learning from Washington: A New Approach to Analyzing the Structure of New York City\u27s Government
Get PDFMr. 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 City Council; Anthony W. Crowell, currently Dean and President of New York Law School, and previously Special Counsel to Mayor Michael R. Bloomberg from 2002 to 2006 and Counselor to Mayor Bloomberg from 2006 to 2012; and Dick Dadey, Executive Director, Citizens Union
Horton the Elephant Interprets the Federal Rules of Civil Procedure: How the Federal Courts Sometimes Do and Always Should Understand Them
Get PDFIn Shady Grove, the Court considered whether a federal class action was maintainable in a diversity case where state law forbade class actions. The justices were sharply split into shifting majorities. One majority concluded that Rule 23 was not substantive for REA purposes and that it applied, but its members could not agree on why. Four justices thought it was proper to look only at the Federal Rule in question to see whether it addressed substance or procedure on its face. A different majority supported an approach to REA questions that required evaluating state law to determine whether the Federal Rule was substantive. Because those justices forgot the lesson of Hanna v. Plumer, the seminal 1965 REA case, their approach introduced new uncertainties to an area that had been clearer--which was a mistake. The Court\u27s approach to Federal Rules problems from Hanna, in 1965, until Shady Grove, in 2010, is preferable. It provides a historically justifiable bright-line test for how to read a Federal Rule--as concerning only matters to which the Rule directly speaks.
This Article proceeds in four further Parts. Part II briefly summarizes the Erie doctrine and canvasses the Court\u27s approach to the Federal Rules from 1938, when they took effect, to 1965, when the Court decided Hanna. Part III takes a close look at Hanna, which declared that a Federal Rule must speak with read-my-lips clarity to apply to an issue. Hanna did not say that federal courts may read a Rule for more than appears on its face, and Walker v. Armco Steel Co. continued that approach. Part III also discusses the implications of the Hanna analysis and subsequent cases that have applied Hanna\u27s approach. Part IV briefly canvasses the opinions in Shady Grove with respect to the two approaches to REA questions. Part V argues that the Hanna-Walker line of cases exemplifies the proper method of inquiry under the REA and that REA questions need not be as hard as the Court, particularly in Shady Grove, has made them look
The Resilience Principle
Get PDFResilient self-help is essential in coping with life’s upsets. This essay explores the prospect of recognizing Resilience as a Principle of Law. The propositions set forth here were debated at two conferences held in Brasilia, in December of 2013. The first, for legislators, was convened in the Senate of Brazil by the National Congress’ Joint Permanent Committee on Climate Change, and the second, for judges, was convened by the Federal Judicial Council’s Judicial Studies Center (Conselho da Justiça Federal Centro de Estudos Judiciários) and the High Court of Brazil (Superior Tribunal de Justiça). This eJournal of the IUCN Academy of Environmental Law has emerged as a leader in exploring new principles of environmental law, such as the Principle of Non-Regression, framed by Prof. Michel Prieur. Just as courts have begun to recognize the Principle of Non-Regression, the welfare of both humans and nature requires recognition of Resilience. Many of the jurisprudential foundations for the legal Principle of Resilience are set forth by Lia Helena Monteiro de Lima Demange in her insightful recent article about the Principle
Perceived Social Support and Cognitive Readiness to Parent as Predictors of Attachment, Parenting Style, and Parenting Stress: A Comparative Study of Adult and Adolescent Mothers
No full textThis study explores the differences between adult and adolescent mothers on attachment, parenting style, and parenting stress. It also explores whether cognitive readiness to parent and perceived social support are able to predict attachment, parenting style, and parenting stress. Participants included 100 mothers, 67 of whom were adult mothers and 33 were adolescent mothers. Findings indicated that in comparison to adult mothers, adolescent mothers report more security within their attachment to their children, tend to utilize more permissive parenting, and report more parenting stress. Significant differences were found between adult and adolescent mothers on cognitive readiness to parent and perceived social support, but these constructs did not predict the outcome variables. Clinical implications of these findings are discussed
Affluent Populations and Their Effect on Biological Diversity through the Consumption of Meat, Electronics, and Motor Vehicles
Get PDFThe human has caused a far greater impact on the planet\u27s biodiversity than any other species in existence, due to the impact of population, afflluence, and technology. This thesis will argue the importance of biological diversity and how affluent populations are reducing biodiversity through the consumption of meat, electronics, and motor vehicles. Aldo Leopold\u27s The Land Ethic and Herman Daly\u27s The Impossibility Theorem , among others, create a rubric evaluating human activities and provide alternative views on economic impossibilities. Consumption is reviewed from an ecocentric perspective, a holistic outlook placing emphasis on the ecosystem. The reader will become cognizant of their impact through a presentation of these product\u27s life cycles and its impacts. The literature review is complemented by a minor piece of social research in the form of a one-on-one interview with a Pace University economics professor
Corporate Governance Sex Regimes: Peripheral Thoughts from Across the Atlantic
Get PDFThe very recent and highly mediatized “Declaration of the 343 Salauds”, where 343 (male) signatures in support of prostitution in a form designed to echo the highly significant declaration of as many women in 1971 in favor of the legalization of abortion, sheds particularly interesting light upon debate about sex regimes in connection with French law. France has recently introduced compulsory quotas for women in corporate boards after imposing la parité for public appointments. A comparative perspective, confronting this recent legislative development from across the Atlantic with policy views on affirmative action and philosophical conceptions of diversity in the United States, highlights the importance of the social, political or economic environment in which the issue of sex regimes arises as well as other forms of enforced diversity. Moreover, the way in which the issues are framed (how are the stakes for women presented? what about other minorities?) and the salience they have in the public space (who reacts? with what political support?) reveals a variety of cultural idiosyncrasies or paradoxes on each side. This short paper will start by sketching out some of these issues in the form of a general approach (I). It will then look more closely at some of the tensions and contradictions within contemporary French feminist thought: first through Bourdieu’s specific brand of social theory in La Domination Masculine (II), then in the writings of Elisabeth Badinter on X Y Identité Masculine (III)
Incorporating Third Party Green Building Rating Systems into Municipal Building and Zoning Codes
Get PDFThe role of green buildings in mitigating climate change has thus become a hot topic. This literature has begun to elicit change within corporations pursuing third party certification of their corporate buildings and campuses. Perhaps the success of discrete green building projects in mitigating climate change compared to the failure of international regulatory bodies to reach consensus for meaningful change is due to the publicity and, in turn, profits associated with certification by a third party green building rating system. In addition to reduced GHG emissions, reduced runoff, reduced maintenance costs, and positive publicity of green buildings for the project developer, green building rating systems also stimulate local commerce and tax revenue streams for municipalities. Additionally, green building rating systems combat greenwashing and ignorance in the marketplace amongst consumers who try to make informed and responsible decisions but do not have the resources to research the validity of claims that a product or building is sustainable. In brief, while municipalities can take actions to realize these benefits, there are right and wrong ways to go about the adoption of third party green building systems, and cities that do not navigate their course wisely will see their legislation stricken down and their intentions frustrated by the courts
Justice or Peace? A Proposal for Resolving the Dilemma
Get PDFThis article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a result of the Cold War. The Cold War permitted many of the twentieth century’s worst human rights violators to escape accountability for their actions. Next, there is a discussion of how the end of the Cold War ushered in a new era of accountability; specifically, in this new era many human rights violators have been brought to justice.
This article suggests that although this new era is welcome, a one size fits all approach should not be adopted. Rather, this paper proposes that whether human rights violators should be prosecuted needs to be determined on a case-by-case basis. It may very well be that in particular situations, an attempt to prosecute may make it more difficult to attain peace and that other approaches may be necessary. The approach taken by South Africa, creating a Truth and Reconciliation Commission and granting amnesty to many perpetrators is examined and supports the position that flexibility is needed when dealing with human rights violators. Finally, the article recommends that when faced with a justice versus peace dilemma, the Security Council should be given the authority to suspend criminal proceedings if it determines that the threat of criminal prosecution presents a risk to international peace and security
Screening for Developmental Delay in At-Risk Children: Ages and Stages. Questionnaire in an Adolescent Primary Care Clinic
No full textThe current study examined the rates of developmental delay and classifications made using the Ages and Stages: Third Edition (ASQ-3) at free primary care clinic geared toward the treatment of adolescents and their children in and around New York City. This sample may serve as a model for primary care clinics as they comply with the Individuals with Disabilities Education Act (IDEA) and see an influx of patients due to the Affordable Care, as many at-risk patient\u27s and their children may now be seen by service providers. An archival data set containing scores and classifications from the ASQ-3 for 140 parent-child dyads was examined; average parental age was 20.9 years, and children ranged in age from one to 68 months. Raw scores were presented in five developmental areas (Communication, Gross Motor, Fine Motor, Problem Solving, and Personal Social) and children were classified as below the cutoff, in the monitoring area, or above the cutoff in each developmental area. Significant differences between all groups were found, suggesting that ASQ-3 can be used to make referrals and inform service provision. Significant differences were observed) between the research and normative samples in the areas of communication, fine motor, and problem solving domains. Observed rates of children falling below the cutoff in this population were much greater than those observed in the general population. A total of approximately 23% of participants were below in at least one developmental area, rates within single developmental areas ranged from approximately 4% to 10%. These results highlight the importance of providing services to this population exhibiting high incidence of developmental delay and contribute to growing body of knowledge of at-risk populations
Reflections on Literature : East and West
Get PDFThis publication has three thematic essays written by professors from Pace University and Nanjing Normal University that discuss the similarities and differences between Chinese and western literature. Hongling Lyu identifies certain aesthetic differences between Chinese and western literature, and explains these divergences from a cross-cultural perspective. Li Po presents an overview of the aesthetics of classical literature. Ying Wang draws on her expertise in French literature and feminist studies to discuss the challenge of reading Chinese literature from the historical, cross-cultural, and feminist perspectives. These essays challenge us to go beyond the conventional East-and-West divide with its predictable polarities, and gives us a feasible framework to evaluate the evolution of Chinese literature in the modern era