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New York Environmental Legislation in 2022
Get PDFSeveral significant environmental bills were enacted by the New York legislature and signed by Gov.Kathy Hochul in 2022, and several others were vetoed. As a result of measures enacted last year, New York will see $4.2 billion invested in environmental protection, restoration, climate resiliency and clean energy projects; potential disproportionate and inequitable impacts on disadvantaged communities will become a key factor in determining whether environmental permits are issued; and apparel containing intentionally added per- and polyfluoroalkyl substances (PFAS) will no longer be sold in the state. In addition, important changes were made to New York’s brownfield and wetlands laws. These and many other new and amended laws are discussed in this article
Contract Law and Theory
No full textContract Law and Theory, the leading theoretical casebook on contracts, is based on clear, discernible themes and patterns that underlie much of contract law, and as it develops them explicitly, the student is invited to develop a working model of contract law. The model that emerges views contract law through the theoretical lenses of autonomy, efficiency, and pluralism, and asks students to decide if and when these perspectives conflict or converge in contract doctrine. The model is also used throughout as a method for predicting the outcome of contract disputes and is tested through careful case and doctrinal analysis. Contract Law and Theory begins with an overview chapter and many of the following chapters contain introductory essays presenting some of the basic doctrines and theoretical approaches covered in the chapter. The sixth edition adds a new section in Chapter Eight (Mistake and Excuse) that provides a concise overview of recent COVID-related contract litigation, including two new cases and a set of notes describing variations. For professors who cover Chapter Eight in depth, this new section serves to illustrate the contemporary life of the mistake and excuse doctrines. For those who prefer more concise coverage, the section can serve as a stand-alone alternative to the other sections of Chapter Eight, providing professors with the option of introducing, analyzing, and summarizing the law of mistake and excuse in a contemporary context. The book has been carefully edited for accuracy and concision and updated to reflect new scholarly and doctrinal trends, with all main cases remaining substantially the same.https://scholarship.law.columbia.edu/books/1035/thumbnail.jp
Child Development and the Family Regulation System
Get PDFChild abuse and neglect clearly harm children, but the risks that accompany involvement with the family regulation system (also known as the child welfare system), especially placement in foster care, also present considerable risks to child development. This chapter describes these competing risks to child development, the legal framework governing the family regulation system, and scholarly debates in the field. It then analyzes the system in the broader context of the legal regulation of children, showing that the family regulation system is out of step with other areas and in need of significant reform. A core problem with the system is its crisis orientation, paying too little attention to family support and the prevention of child maltreatment. Equally problematic, the family regulation system reflects and reinforces racial and economic inequality. Black and Native American children are significantly overrepresented in the system and have worse outcomes than other children. Addressing these issues would help foster healthy child development
Submission to the United Nations Universal Periodic Review of Saudi Arabia
Get PDFMwatana Organization for Human Rights (Mwatana) and the Columbia Law School Smith Family Human Rights Clinic (Clinic) jointly submit this report to inform the examination of Saudi Arabia during its Universal Periodic Review
The Logic and Limits of the Federal Reserve Act
Get PDFThe Federal Reserve is a monetary authority subject to minimal executive and judicial oversight. It also has the power to create money, which permits it to disburse funds without drawing on the U.S. Treasury. Since 2008, it has leveraged this power to an unprecedented extent. It has rescued teetering financial conglomerates, purchased trillions of dollars of mortgage-backed securities, and opened numerous ad hoc lending facilities to support ordinary businesses, nonprofits, and municipalities.
This Article identifies the causes and consequences of the Federal Reserve\u27s expanded footprint by recovering the logic and limits of its enabling act. It argues that to understand the Federal Reserve — including its independence, expansion, and capacity — it is necessary first to understand the statutory scheme for money and banking. Congress chartered investor-owned banks to issue most of the money supply and established the Federal Reserve for a limited purpose: to administer the banking system. Congress equipped the Federal Reserve with an interrelated set of tools to achieve a specific objective: ensure that the banking system creates enough money to keep economic resources productively employed nationwide. The rise of shadow banks — firms that issue alternative forms of money without a bank charter — has impaired the Federal Reserve’s tools. As the Federal Reserve has scrambled to adapt, it has taken on tasks it was not built to handle. This evolution has prompted calls for the Federal Reserve to tackle even more policy challenges. It has also undermined the Federal Reserve’s ability to effectively achieve its core goals. An overloaded Federal Reserve is understandable, but not desirable. Congress should modernize the Federal Reserve Act, and the banking laws on which it depends, to improve monetary administration in the United States
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No full textPhoto of Sujeet Indap, Wall Street Editor for the Financial Times.https://scholarship.law.columbia.edu/beyond_unprecedented_podcast/1033/thumbnail.jp
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No full textPhoto of Carol Sanger, Barbara Aronstein Black Professor of Law at Columbia Law School.https://scholarship.law.columbia.edu/crt2_podcast/1015/thumbnail.jp
Epic Fail: \u3cem\u3eHarkenrider v. Hochul\u3c/em\u3e and New York\u27s 2022 Misadventure in Independent Redistricting
Get PDFIn 2014, following passage in two successive legislatures, New York voters ratified amendments to the state constitution to change both the process and substantive rules governing the decennial redistricting of the state’s legislature and congressional delegation. The constitution now includes multiple new substantive requirements for districting plans, including a prohibition on the “draw[ing of] [districts] to discourage competition or for the purpose of favoring or disfavoring incumbents or other particular candidates or political parties.” It also directs the creation of an “Independent Redistricting Commission” (“IRC”) to draw up, for submission to the legislature, maps that, following an extensive process of public input and comment, would comply with the new constitutional requirements. Sadly, the new process employed in the 2022 redistricting was an epic fail. This Essay examines the first test of this new constitutional procedure and contends that the IRC, the state legislature, and the subsequent judicial intervention, all flunked it
How to Save the World in (Six Not-So-Easy) Steps: Bringing Out the Best in Nonprofits
No full textA must-read for anyone who loves nonprofits but worries about inefficiency, infighting, and inertia, How to Save the World in Six (Not So Easy) Steps is the definitive guide to advancing the mission effectively and mobilizing support.
The US has over 1.5 million nonprofits, which touch our lives in countless ways. The finest are inspiring, but unfortunately, too many let us down. Luckily, there’s a solution. How to Save the World in Six (Not So Easy) Steps by expert scholar and nonprofit leader David M. Schizer is the ultimate management book for nonprofit professionals, board members, and donors.
Since the goal of nonprofits is to advance their mission—not to make money—performance can be difficult to assess. Schizer explains how this fundamental challenge makes it harder to expose unwise and self-interested choices, resolve conflicts, and evolve with the times.
In response, nonprofits need to do two challenging things really well: figure out the best way to advance the mission, and then build support for it. With entertaining anecdotes from his many years leading Columbia Law School and international humanitarian organization JDC, as well as interviews with an all-star cast of nonprofit leaders, Schizer explains how to accomplish these twin goals with the “six Ps”: Plan: Run a rigorous planning process Persevere: Line up internal support Prioritize: Set priorities by asking three key questions Pivot: Test innovations Publicize: Share ideas and hold yourself accountable Partner: Raise more money by involving donors in the work
By chronicling the good, the bad, and the ugly at nonprofits and explaining how to get more out of them, this book shows how we can “save the world” together with the “six Ps.”https://scholarship.law.columbia.edu/books/1353/thumbnail.jp
International Recognition of the Right to a Healthy Environment: What Is the Added Value for Latin America and the Caribbean?
Get PDFAlthough there is still no United Nations treaty on the right to a healthy environment, the recognition of the right by the UN General Assembly and the UN Human Rights Council have helped solidify its status as customary international law. The overwhelming recognition of the right at the national and regional levels, and now at the United Nations, evidences greater uniformity and certainty in understanding human rights obligations relating to the environment. But what value do the resolutions add to the regional recognition of the right in Latin America and the Caribbean (LAC)? Through judicial and legislative developments, LAC has provided fertile ground for the flourishing of the right to a healthy environment. The region has seen some of the most innovative responses to the fragmented fields of human rights and the environment, providing a model for progressive legal development. Within this context, this essay focuses on how UN recognition of the new right may impact the burgeoning law on human rights and the environment in LAC. I argue that the resolutions should support the already rich environmental and climate jurisprudence in the region to realize the full potential of the right to a healthy environment. The right to a healthy environment can further solidify the role of the Inter-American Court of Human Rights (IACtHR) as a leading human rights court in environmental protection, with wide-ranging implications for rights-based environmental (and climate) litigation