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Commentary: Dan Mandelker—A Land-Use Legacy Unlike Any Other
Get PDFIt is an honor to share thoughts about the importance of Professor Daniel Mandelker’s legacy to the field of land-use and zoning law. The word “legacy” means, among other things, “something that is part of your history or that remains from an earlier time.” At ninety-two, he was the longest actively teaching land use law professor in the United States. His academic career began in 1949 when he was appointed an Assistant Professor at Drake Law School, with relatively short stints at the University of Indiana Law School and Columbia Law School, followed by his appointment at Washington University School of Law where he taught for the last sixty years. He has not only taught law students for seven decades, but his scholarship has shaped the perspectives of the players in the land-use game and in the courts for generations. Professor Mandelker has gifted to the land-use-law profession a legacy of thoughtful, cutting edge, and sometimes controversial work that has guided planners, lawyers, judges, and municipal officials in approaching myriad land-use dilemmas. In return, his colleagues and collaborators have honored him with not just one, but two festschriften during his lifetime, a recognition received by no one else in the land-use law community
New York Law of Domestic Violence
No full textIn recognition of the evolving forms and dynamics of abuse, the updated Fourth Edition is a more modern treatment of the complex and nuanced understandings of domestic violence than the previous edition. The revised treatise condenses some sections while expanding others. It broadens its discussion of the intersection of domestic violence and child well-being by broadening its discussion of child welfare and child support. It discusses the expansion of the tools of abuse, addressing the increased misuse of technology, including non-consensual dissemination of images, social media appropriation, and cyberstalking. The Fourth Edition is reorganized with the goal of providing easier access to material covered in the text. The material covered in the text is divided into chapters by theme and practice area at the same time it provides overlapping coverage. At the same time, endeavoring to provide a complete review of the law in any area is always a challenge. We by no means expect that this treatise does, or can, cover every corner and aspect of domestic violence law in New York or otherwise. This Fourth Edition, like the editions before it, will remain a work inprogress
The History of Religious Hiring at American Catholic Law Schools
Get PDFA mission-driven institution requires personnel who are competent for the realization of the mission. The following article examines the practice of Catholic law schools hiring Catholics as law professors throughout the over 150-year history of Catholic legal education in the United States. This history shows that Catholic law schools alternately sought to hire Catholics as law professors or to hire individuals without regard to their religious affiliation as these schools’ self-understanding of mission changed over time
A Country in Crisis: A Review of How the Illegitimate Supreme Court Is Rendering Illegitimate Decisions and Doing Damage That Will Not Soon Be Undone.
Get PDFThis article will discuss in detail exactly how the court is illegitimate and makes decisions that are illegitimate, using examples from the October 2021 term. It will also explain why action needs to be taken immediately to reign in this run-away Court to restore public trust. As discussed herein, we cannot sit by and patiently wait for the Court to right itself over time because there are important issues on the current docket, such as race-conscious admissions policies of colleges and universities to ensure student bodies are diverse as future leaders are prepared to live and work in a diverse society. And, if this Court continues to overturn long-standing precedent, as it is poised to do, this country will experience a setback in progress for people of color and women that will not be undone in our lifetime. Immediate action, such as increasing the number of justices on the Court from 9 to 13 to mirror the 13 federal circuits and confirm a Court more representative of the people that make up this diverse democracy that is America
Codifying Antisemitism
No full textAntisemitic harassment and discrimination are unlawful in many contexts, but without a standard definition of what \u27antisemitism\u27 includes, that idea is almost meaningless. This has led to an equal protection problem for members of the Jewish community, which is why states across the country have started to pass laws adopting the International Holocaust Remembrance Alliance ( IHRA ) Definition of antisemitism for use in clarifying the application of existing legal protections for Jewish people from crime and discrimination. Thus far, the bills that have passed have for the most part been overwhelmingly bipartisan, but there have been minor pockets of pushback in a number of states. While a handful of the questions raised reflect honest concerns that deserve to be fully addressed for the benefit of legislators, unfortunately, the majority of the \u27opposition\u27 has been led by a small corps of disingenuous lobbying groups that as a matter of self-interest continue to purposefully lie about what these bills actually do-and by the same token could never do-in an apparent attempt to give greater cover to antisemitism and antisemites. This Article will answer some of the most common questions that lawmakers, citizens, and other interested stakeholders might have about statutes that utilize the IHRA Definition for the narrow purpose of assessing motivation when analyzing discriminatory conduct claims, so that critics can no longer hide behind the vague and erroneous assertion that such policies are somehow unfair to other groups or would in any way offend the First Amendment