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Religious Liberty: Fundamental Right or Nuisance
Is free exercise of religion a fundamental right or simply a nuisance? The fact of the matter is that it is both. Indeed, all of the fundamental rights, including the freedom of speech, freedom of association, freedom of the press, right to counsel,…
Cruelty Was the Point: Theories of Recovery for Family Separation and Detention Abuses
Reports of widespread, systemic, and pervasive abuses by immigration authorities have magnified the life and death consequences of anti-immigrant policies under the Trump Administration. From family separation and zero-tolerance border enforcement,…
Using Informed Consent to Reduce Preventable Medical Errors
Recent studies have shown that preventable medical errors kill and seriously injure thousands of Americans each year causing personal tragedy and costing the healthcare system billions of dollars. This article advocates using the informed consent…
Swaps and Chains and Vouchers, Oh My!: Evaluating How Saving More Lives Impacts the Equitable Allocation of Live Donor Kidneys
Live kidney donation involves a delicate balance between saving the most lives and maintaining a transplant system that is fair to the many thousands of patients on the transplant waiting list. Federal law and regulations require that kidney…
Donate Today so Your Loved One Can Receive a Future Live Donor Kidney: Are Kidney Vouchers Enforceable Contracts?
The kidney voucher program was started by the National Kidney Registry (NKR) in December 2014. Under the program, live donors can donate a kidney in return for a voucher that entitles their intended recipients to a live donor kidney from the end of a…
Bartering for a Compatible Kidney Using Your Incompatible, Live Kidney Donor: Legal and Ethical Issues Related to Kidney Chains
Kidney chains are a recent and novel method of increasing the number of available kidneys for transplantation and have the potential to save thousands of lives. However, because they are novel, kidney chains do not fit neatly within existing legal…
Repairing the Extended School Year Regression Standard in New York to Individualize the Need for Special Education Services
The Individuals with Disabilities Education Act (“IDEA”) provides eligible children with disabilities a right to have a free appropriate public education (“FAPE”) that includes special education and related services designed to meet the student’s…
Addressing Social Loafing on Faculty Committees
Scholarly productivity reaps tangible internal and external rewards, while the "reward" for excellent faculty committee work performance often is additional committee work. Some faculty members perform substantial institution-sustaining committee…
Siting Wireless Facilities Under Telecommunications Act § 704: Circuits Split on Substantial Evidence
This short paper discusses the development of federal involvement, including judicial decisions, in local zoning decisions pursuant to the Telecommunications Act of 1996 up to and including 2001.
An Analysis of Facility Siting Issues Under Section 704 of the Telecommunications Act of 1996
As mobile cellphone carriers become more prevalent, the regulations for siting antenna, towers, and associated equipment are expanding in kind. As each carrier must use its own technology, and must also pay the federal government for the licenses to…
Dealing with Towers, Antennas, and Satellite Dishes
Communities face increasing pressure to site telecommunications facilities. But because communications involve national interests, federal laws, including the Telecommunications Act of 1996, often limit the amount of control communities have over…
State and Local Economic Development and Urban Anticipatory Governance
This edition of the Zoning and Planning Law Report connects the concept of “anticipatory governance,” developed in the context of climate change adaptation and technology assessment, with urban governance challenges particularly around economic…
Do Community Benefits Agreements Benefit Communities? Zoning and Planning Law Report
This National Zoning and Planning Law Report is an update on community benefits agreements.
Yes: Litigants Deserve a Justice with an Open Mind (A Right to Talk: Has Justice Antonin Scalia Compromised His Objectivity with a Public Remark?)
Late last year Scalia told an audience at Catholic University that it is “absolutely plain there is no constitutional right to die.” It’s not that judge should keep their opinions to themselves; they should keep their minds open. A judge should truly…
Tribute to Chief Judge Lawrence H. Cooke, 1914-2000
Chief Judge Lawrence H. Cooke was a giant in his profession, in his community, in his family, with his friends and colleagues, and for all who came to know him. His passing is a great loss, an occasion of great sadness for all those he helped,…
Religious Liberty as American History
This essay demonstrates how the the development of the law of religious freedom in the United States helps to define the nation's history. Professor Bonventre uses religious liberty as a perspective from which to view America's history generally.…
Book Review reviewing Bernard S. Meyer, Burton C. Agata, and Seth H. Agata. The History of the New York Court of Appeals, 1932-2003
This tome is a must for Court of Appeals junkies. That being said, leafing through the pages quickly reveals that, notwithstanding the title, this is not a history. Rather, it is a survey of collected Court of Appeals decisions (from the 1932…
A Classical Constitution: Ancient Roots of Our National Charter
The American Constitution was the creation of individuals who were well schooled in the classics, and who sought to incorporate the wisdom gained from ancient history and political philosophy. Professor Bonventre outlines the reliance of Adams,…
Perpetuities Reformers Beware: The USRAP Tax Trap
This Article discusses the existence of a possible tax trap as a result of the Uniform Statutory Rule Against Perpetuities (“USRAP”) approved by the National Conference of Commissioners on Uniform State Laws (“NCCUSL”). This Article provides a basic…