Pace law review最新文献

{"title":"Janus, Union Member Speech, and the Public Employee Speech Doctrine","authors":"M. Wright","doi":"10.58948/2331-3528.2001","DOIUrl":"https://doi.org/10.58948/2331-3528.2001","url":null,"abstract":"In Janus v. American Federation of State, County, and Municipal Employees (“AFSCME”), the Supreme Court held that public sector unions can no longer collect fees from nonmembers to fund the costs of representing them in collective bargaining and grievance proceedings.1 The Court determined that virtually all union speech is political speech and that collection of these fees is impermissible compelled speech under the First Amendment. However, not everything in Janus harms public union interests. The Janus Court’s discussion of Garcetti v. Cabellos and Connick v. Myers actually helps protect union member speech in the context of First Amendment retaliation cases.2 This Article argues that, after Janus, speech by union representatives on behalf of their union is not “employee speech” under Garcetti and is almost always a matter of public concern under Connick. Further, this Article argues that ordinary union member speech and union grievance filings are not “employee speech” either. In support of the latter, this Article also looks to the Supreme Court’s decision in Lane v. Franks3 as well as the nature of union membership generally. * The author serves as a clerk for Colorado Court of Appeals Judge Terry Fox. The views expressed here are the author’s alone and do not represent the views of his former employer, the Colorado Office of the Attorney General. The author thanks Professor Alan Chen and Judge Terry Fox for reviewing previous versions of this Article, as well as Professor Nancy Ehrenreich for her advice during the research process. Lastly, the author would not have completed this Article without the support of his wife, Louise. 1. 138 S.Ct. 2448 (2018). 2. Id. 3. 573 U.S. 228 (2014).","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42895585","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}

{"title":"We All Need Somebody to Lean On: Using the Law to Nurture Our Children, Beginning with Third-Party Visitation","authors":"John Pappalardo, Cassidy Allison, Samantha A. Mumola","doi":"10.58948/2331-3528.1997","DOIUrl":"https://doi.org/10.58948/2331-3528.1997","url":null,"abstract":"Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely * John A. Pappalardo, Esq., is a partner at Farber, Pappalardo & Carbonari, a law firm involved in matrimonial and commercial litigation, arbitration, and mediation, with offices in White Plains, NY and Roseland, NJ. John also has a private matrimonial mediation practice, is certified in matrimonial collaborative law, sits as a matrimonial arbitrator, and is New York State Certified as an attorney representing children in actions in which their rights are implicated. He is one of approximately 650 attorneys who are certified to the panel by the Appellate Division for The Attorneys for Children Program. Mr. Pappalardo also serves as Guardian Ad Litem in matrimonial proceedings and is admitted to the State and Federal Bar in New York, New Jersey, and Massachusetts. ** Cassidy Allison, Esq. is currently employed as an Assistant Law Clerk for a Supreme Court Justice. She received her Juris Doctor, cum laude, from the Elisabeth Haub School of Law at Pace University in 2019, where she was a Senior Associate on the PACE LAW REVIEW. She earned her Bachelor of Science in Business Management and Administration, cum laude, from Mount Saint Mary College in 2016. *** Samantha A. Mumola is currently employed as an Associate Attorney at Farber, Pappalardo & Carbonari, pending Bar admission. She received her Juris Doctor, summa cum laude, from the Elisabeth Haub School of Law at Pace University, where she served as the Editor-in-Chief of the PACE LAW REVIEW from 2018 to 2019. She earned her Bachelor of Science in Criminal Justice, summa cum laude, from Pace University in 2011.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47470934","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}

{"title":"Mediation and Millennials: A Generational Shift in Dispute System Preferences","authors":"Shawna Benston, Brian Farkas","doi":"10.58948/2331-3528.1999","DOIUrl":"https://doi.org/10.58948/2331-3528.1999","url":null,"abstract":"Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation will be more likely to select mediation when a formal method of dispute resolution is required. Mediation, with its emphasis on compromise and self-determination, comports with many millennials’ financial risk-aversion as well as their uniquely interdisciplinary educations. Finally, this Article suggests that law schools must redouble their efforts to adapt their curricula to this emerging reality—especially given recent sociopolitical discord. Such adaptations include a greater focus on process choice at the outset of a dispute, better integration of practitioners as teachers, and broader clinical opportunities for students to act as both neutrals and advocates in mediation.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42370582","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}

{"title":"Compensation is All-American: Former College Football Star Chris Spielman’s Case Against His Alma Mater and How it Could Affect the NCAA’s Amateurism Rules","authors":"Jason C. McIntyre","doi":"10.58948/2331-3528.1993","DOIUrl":"https://doi.org/10.58948/2331-3528.1993","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46048673","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}

{"title":"Freedom of Religion and Belief in India and Australia: An Introductory Comparative Assessment of Two Federal Constitutional Democracies","authors":"P. Babie, A. P. Bhanu","doi":"10.58948/2331-3528.1985","DOIUrl":"https://doi.org/10.58948/2331-3528.1985","url":null,"abstract":"This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded it. However, the similarities end there, for while both separate church and state, and protect free exercise, they do so in very different ways. On the one hand, the Indian Constitution contains express provisions which comprehensively deal with free exercise. On the other hand, while one finds what might appear a protection for free exercise in the Australian Constitution, that protection is far from comprehensive. Instead, unlike its Indian counterpart, the Australian federal democracy depends upon a piecemeal collection of Constitutional, legislative, and common law provisions which, when taken together, seem to achieve plenary protection for free exercise. Still, while India protects free exercise within a comprehensive constitutional framework, and while Australia does so in a disjointed and fragmentary way, both arrive at the same place: a constitutionalism characterized by secularism/separation of church and state combined with a corresponding comprehensive protection for free exercise. * Adelaide Law School Professor of the Theory and Law of Property, Adelaide Law School (ALS), The University of Adelaide, Australia. We are most grateful to Kyriaco Nikias (LLB, Adelaide, 2018), for outstanding research assistance with and insight into the content of this article, and to Nigel Williams for preparing Diagrams 1 & 2. † Professor of Law & Acting Director, Amity Law School, Delhi, India.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44102291","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}

{"title":"The Indecency of the Communications Decency Act § 230: Unjust Immunity for Monstrous Social Media Platforms","authors":"Natalie Annette Pagano","doi":"10.58948/2331-3528.1994","DOIUrl":"https://doi.org/10.58948/2331-3528.1994","url":null,"abstract":"The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to 2017, the number of social media users worldwide has increased from 0.97 billion to 2.46 billion, respectively.1 These numbers are expected to grow as high as 3.02 billion in the year 2021.2 Undoubtedly, an unbelievably large number of individuals are exposed daily to these leading-edge speech forums—many of whom are unaware of the inadequacy of Section 230 of the Communications Decency Act (“Section 230”).3 This Article will address its history of creation and past case law, * J.D. Candidate, May 2019, Elisabeth Haub School of Law at Pace University. Natalie is a Senior Associate of PACE LAW REVIEW and the Executive Director of the Pace Law Advocacy Board. She would like to dedicate this article to all individuals negatively impacted by Section 230 of the Communications Decency Act. Natalie would also like to extend her gratitude to her parents, Gordon and Judy Pagano, for their endless support, and to the Pace Law community. 1. Number of Social Network Users Worldwide from 2010 to 2021 (In Billions), STATISTA, https://www.statista.com/statistics/278414/number-ofworldwide-social-network-users/ (last visited Feb. 16, 2019). 2. Id. 3. 47 U.S.C. § 230.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45122727","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}

{"title":"Empiricism and the Misdemeanor Courts: Promoting Wider, Deeper, and Interdisciplinary Study","authors":"Alisa Smith","doi":"10.58948/2331-3528.1992","DOIUrl":"https://doi.org/10.58948/2331-3528.1992","url":null,"abstract":"Since 1956, there have been three waves of scholarly attention on the misdemeanor courts. Despite this attention, misdemeanor courts remain understudied and overlooked. The object of this paper is to summarize the empirical research conducted over the last sixty years and identify the scholarly work that should be undertaken on the processing of misdemeanor offenders in our courts. Buoyed by the current interest in studying the misdemeanor courts, scholars should widen and deepen their study by replicating the work of others in a variety of jurisdictions, observing court proceedings, interviewing defendants and the courtroom workgroup, and assessing whether constitutional ideals are being upheld by our misdemeanor courts. Introduction ............................................................................. 454 I. The Supreme Court and Misdemeanant's Constitutional Rights ............................................................................. 455 II. Empirical Research on Misdemeanors ............................... 459 A. The First Wave of Empiricism of the Misdemeanor Courts ...................................................................... 459 1. Early Research on the Lower Courts. ................. 459 2. The Outcome Is the Punishment: Post-Feeley Empirical Studies. .............................................. 462 B. The Second-Wave of Empiricism of the Misdemeanor Courts ............................................... 463 C. The Current Wave of Empiricism of the Misdemeanor Courts ............................................... 467 III. Promoting Wider, Deeper, and Interdisciplinary Study of the Misdemeanor Courts ........................................... 472 A. Observational Study to Measure Due Process in the Courts ................................................................ 473 * J.D., Ph.D., University of Central Florida.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44262404","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}

{"title":"The Concrete Jungle: Where Dreams Are Made of . . . and Now Where Children Are Protected","authors":"Samantha A. Mumola","doi":"10.58948/2331-3528.1995","DOIUrl":"https://doi.org/10.58948/2331-3528.1995","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42104038","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}

{"title":"The Forgotten Unitary Executive Power: The Textualist, Originalist, and Functionalist Opinions Clause","authors":"Zachary Murray","doi":"10.58948/2331-3528.1989","DOIUrl":"https://doi.org/10.58948/2331-3528.1989","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46322796","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}

{"title":"Comrades or Foes: Did the Russians Break the Law or New Ground for the First Amendment?","authors":"Artem M. Joukov, Samantha M. Caspar","doi":"10.58948/2331-3528.1986","DOIUrl":"https://doi.org/10.58948/2331-3528.1986","url":null,"abstract":"","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41774721","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}