- Legal Process
- Environmental Criminal Law
Touro Law Center
Touro College Jacob D. Fuchsberg Law Center
225 Eastview Drive
Central Islip, NY, 11722
Office Phone: 631-761-7137
A Response to the IPCC Fifth Assessment 45 Envtl. L. Rep. 10027 (2015)
This collection of essays is the initial product of the second meeting of the Environmental Law Collaborative, a group of environmental law scholars that meet to discuss important and timely environmental issues. Here, the group ...
A Three-Legged Stool on Two Legs: Recent Federal Law Related to Local Climate Resilience Planning and Zoning 47 Urb. Law. 525 (2015)
Notwithstanding a critical gap between climate change related risks and preparedness in the United States, congress has yet to pass any federal law expressly addressing climate change hazard mitigation (or any other aspect of climate ...
Land Use Law Update: Will Reed v. Town of Gilbert Require Municipalities Throughout the Country to Rewrite Their Sign Codes? 29 Mun. Law 16 (2015)
The author discusses the imminent Supreme Court decision in Reed v. Town of Gilbert. Depending on how the Court decides the case, municipalities may need to act quickly to amend their sign regulations.
Sink or Swim: In Search of a Model for Coastal City Climate Resilience 40 Columbia J. Envtl. L. 433 (2015)
New York City, like other major cities around the world, has acknowledged the problem of climate change, undertaken a comprehensive risk assessment, created a suite of adaptation and mitigation planning initiatives, and begun to implement ...
Climate Change Adaptation and Mitigation: A Local Solution to a Global Problem 28 Mun. Law. 29 (2014)
Local land use laws offer powerful tools for climate change adaptation and mitigation. However, notwithstanding New York municipalities’ many impressive efforts, local laws are not yet being utilized sufficiently to create disaster-resilient or disaster-adaptive communities. ...
Land Use Law Update: New York's New Climate Change Resiliency Law 28 Mun. Law. 4 (2014)
New York State’s lawmakers passed 2,603 bills over the course of the 2013-14 session, 658 of which passed both houses. Although counties and local governments are likely focusing their attention on budget-related items such as ...
Land Use Law Update: The Court of Appeals Issues a Victory for Home Rule in Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield 28 Mun. Law. 43 (2014)
In the midst of the often heated controversy swirling around the issue of hydraulic fracturing (commonly referred to as “hydrofracking” and “fracking”), New York’s Court of Appeals recently issued a straightforward ruling, which focused on ...
On the Waterfront: New York City's Climate Change Adaptation and Mitigation Challenge (Part 2 of 2) 25 Env'tl. L. in N.Y. 101 (2014)
New York City, like other major cities around the world, has acknowledged the problem of climate change and begun to implement proactive policies to decrease the city’s contribution to the problem (i.e., mitigation) and to ...
Of Old Dogs and New Tricks - Can Law Schools Really Fix Students' Fixed Mindsets? 19 Legal Writing: J. Legal Writing Inst. 3 (2014)
Does the LSAT test students’ innate ability to “think like a lawyer”? Is IQ fixed? Does class rank predict a student’s ability to succeed in practice? While these indicators may or may not correlate to ...
On the Waterfront: New York City's Climate Change Adaptation And Mitigation Challenge (Part 1 of 2) 25 Envtl. L. in N.Y. 81 (2014)
New York City is a city on the waterfront. With 520 miles of coastline, New York City’s coastline is longer than the coastlines of Miami, Boston, Los Angeles and San Francisco combined. Nearly nine million ...
“Through a Glass, Darkly” or the Lawyer Who Ends Up a Client Litigation Journal (2009)
Aimed primarily at law practitioners, this Article discusses criminal liability and bar discipline that lawyers may face when they fail to investigate their clients' assertions. Lawyers typically view it as their professional duty to use ...
Know It Before You Waive It: A Primer on the Constitutional Rights of Corporations Litigation Journal (2008)
Aimed primarily at a corporate law practitioner audience, this Article discusses the constitutional rights of corporations that face potential criminal charges for violation of state or federal environmental laws. The Article examines the steps a ...
Student Comment (1)
Employer Beware? Enforcing Transnational Labor Standards in the United States Under the Alien Tort Claims Act 6 J. Small & Emerging Bus. L. 311 (2002)
The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually ...