Pace law review最新文献_第10页

The Road to a Constitutional Convention: Reforming the New York State Unified Court System and Expanding Access to Civil Justice 制宪会议之路：改革纽约州统一法院系统并扩大诉诸民事司法的机会

Pace law review Pub Date : 2017-10-12 DOI: 10.58948/2331-3528.1957

J. Lippman

引用次数: 0

The Amending Clause in the New York Constitution and Conventionphobia 纽约宪法修正条款与公约恐惧症

Pace law review Pub Date : 2017-10-12 DOI: 10.58948/2331-3528.1954

G. Benjamin

引用次数: 0

Constitutionalizing Ethics 道德规范化

Pace law review Pub Date : 2017-10-12 DOI: 10.58948/2331-3528.1956

Bennett l. Gershman

引用次数: 1

Assessing Students' Civil Rights Claims Against School Resource Officers 评估学生对学校资源官员的民权诉求

Pace law review Pub Date : 2017-09-15 DOI: 10.58948/2331-3528.1963

Kerrin C. Wolf

{"title":"Assessing Students' Civil Rights Claims Against School Resource Officers","authors":"Kerrin C. Wolf","doi":"10.58948/2331-3528.1963","DOIUrl":"https://doi.org/10.58948/2331-3528.1963","url":null,"abstract":"School resource officers (SROs), trained police officers stationed in schools, have become commonplace in the United States over the past two decades. Their primary responsibility is to maintain order and safety in schools, but they also serve as counselors and mentors for students, and teach classes related to drug and alcohol abuse, gang avoidance, and other topics. SROs’ presence in schools raises important legal questions because they interact with students on a daily basis, and are directly involved in schools’ efforts to control student behavior through school discipline and security. Additionally, a series of Supreme Court decisions has created an environment of limited rights for students in America’s public schools, which is compounded by the heightened security environments found in the majority of schools. Amidst this environment, it is important to consider whether students have any recourse if SROs take actions that seemingly infringe on students’ rights. This article seeks to address this specific question by analyzing students’ civil rights claims against SROs under Section 1983. The available case law demonstrates that the involvement of SROs in school discipline matters can quickly escalate these situations to include aggressive, physical confrontations and arrests for relatively minor misbehavior. Yet, Section 1983 rarely provides students with viable civil rights claims against SROs, even when the SROs’ behavior seems egregious. These cases lend strong support to scholars and advocates’ concerns that the use of SROs, along with other heightened school security and punitive discipline measures, “criminalizes” public school students. They also demonstrate that changes in the ways SROs operate in schools are needed to protect students’ rights.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44743296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Unspoken Immunity and Reimagined Justice: The Potential for Implementing Restorative Justice and Community Justice Models in Police-related Shootings 未公开的豁免权和重塑的司法：在与警察有关的枪击案中实施恢复性司法和社区司法模式的潜力

Pace law review Pub Date : 2017-09-08 DOI: 10.58948/2331-3528.1952

Hannah L. Walker

引用次数: 1

Mass Torts—Maturation of Law and Practice 群体性侵权行为——法律与实践的成熟

Pace law review Pub Date : 2017-09-08 DOI: 10.58948/2331-3528.1948

P. D. Rheingold

引用次数: 3

The Untold Story of the Justice Gap: Integrating Poverty Law into the Law School Curriculum 司法差距不为人知的故事:将贫困法纳入法学院课程

Pace law review Pub Date : 2017-09-08 DOI: 10.58948/2331-3528.1949

Vanita S. Snow

引用次数: 0

Rethinking Force Majeure in Public International Law 国际公法中不可抗力的再思考

Pace law review Pub Date : 2017-09-01 DOI: 10.58948/2331-3528.1944

M. Dellinger

{"title":"Rethinking Force Majeure in Public International Law","authors":"M. Dellinger","doi":"10.58948/2331-3528.1944","DOIUrl":"https://doi.org/10.58948/2331-3528.1944","url":null,"abstract":"Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by water and food shortages.” “It is no longer rationally debatable that climate change will take a huge toll on human health and prosperity as well as pose significant risks to national security if it is not curbed.” \u0000Science has demonstrated that human activity is “extremely likely” to have contributed significantly to this increasingly volatile and problematic weather situation. At the same time, the developed nations that, to a very large extent, caused the climate change problem also clearly indicated in the negotiations leading up to the new Paris Agreement on climate change, as well as in the Agreement itself, that they are not willing to accept financial liability for any loss and damage caused by climate change. The matter is, at bottom, one of an alleged lack of sufficient resources and a similarly alleged inability to correctly apportion liability for the problem along with, of course, lack of political will to undertake legal responsibility for the financially severe consequences that are likely to arise because of climate change. \u0000However, financial liability for loss and damage caused by severe weather events may arise not only under the United Nations Framework Convention on Climate Change (UNFCCC) regime, but also under established notions of customary international law such as the “no harm” rule, which creates a duty not to allow one’s territory to be used in ways that cause harm to other states. In this context, nation states may seek to avoid a finding of legal wrongfulness under the force majeure, necessity, or distress doctrines of law. This article analyzes whether nations will be able to do so and critiques the arguments that are likely to arise in invoking these defenses. Many of the arguments that have traditionally been viable and that made legal (as well as practical) sense no longer do so given modern knowledge about climate change and its causes and effects. \u0000The article proceeds as follows: The history of the excuse doctrines that could and are applied in the context of “severe weather” will be briefly described to create a view of current law in the light of its development over time. Similarly, the traditional legal distinction between “man” and “nature” will be examined as this differentiation, at worst, no longer makes sense in relation to climate change and, at best, is one without significance. Because th","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2017-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47093825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

On the Categorical Approach to Free Speech – And the Protracted Failure to Delimit the True Threats Exception to the First Amendment 论言论自由的绝对方法——以及长期未能界定第一修正案的真正威胁例外

Pace law review Pub Date : 2017-03-23 DOI: 10.58948/2331-3528.1933

Wayne Batchis

引用次数: 1

The Negative Ramifications of Hate Crime Legislation: It’s Time to Reevaluate Whether Hate Crime Laws are Beneficial to Society 仇恨犯罪立法的负面影响:是时候重新评估仇恨犯罪法是否对社会有益了

Pace law review Pub Date : 2017-03-23 DOI: 10.58948/2331-3528.1941

Briana Alongi

引用次数: 1