Columns

  • New York Law Journal | Analysis

    Debate Over Environmental Rights and State Constitutional Convention

    By Michael B. Gerrard and Edward McTiernan | October 25, 2017

    In their Environmental Law column, Michael B. Gerrard and Edward McTiernan write: Both the New York state and New York City bar associations have come out in favor of a Constitutional Convention. Both would leave the Forever Wild clause untouched. However, they come to opposite positions on an environmental rights provision.

  • New York Law Journal | Analysis

    A New Tool for Real Estate Development Counsel

    By Jason A. Stern | October 25, 2017

    Jason A. Stern writes: 'Blue Island' gives clear guidance to real estate development counsel that may be faced with a municipality trying to overreach in imposing restrictions on a project without justification.

  • New York Law Journal | Analysis

    Decisions Consider Bankruptcy Court's Authority to Approve Third-Party Releases

    By Corinne Ball | October 25, 2017

    In her Distress Mergers and Acquisitions column, Corinne Ball discusses two recent decisions that address whether a bankruptcy court has subject matter jurisdiction over and constitutional authority to approve third-party releases as part of plan confirmation process. In considering this question, albeit facing very different plans, the two courts came to different conclusions.

  • New York Law Journal | Analysis

    Defining the Scope of 'McDonnell v. United States'

    By Martin Flumenbaum and Brad S. Karp | October 24, 2017

    In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: 'McDonnell' has had a profound impact on public corruption cases throughout the country, particularly in the Second Circuit, where several high profile convictions have been vacated for failing to comply with 'McDonnell's new requirements on how juries must be charged on various elements of public corruption crimes.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | October 24, 2017

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Nick and Duke v. New York Housing Preservation', where it was held that a housing agency's failure to ensure notice constituted a Due Process Claim.

  • New York Law Journal | Analysis

    Departments Tackled Employment Issue, Personal Injury and More in Third Quarter

    By Leo Milonas and Andrew C. Smith | October 24, 2017

    Just in time for Halloween, Leo Milonas and Andrew C. Smith, in their Appellate Division Review, have perused the Appellate Division's recent decisions to bring you some of the treats from the third quarter of 2017.

  • New York Law Journal | Analysis

    The Facts About New York's Paid Family Leave Law

    By Michael W. Macomber and Nicholas Devyatkin | October 24, 2017

    Paid Family Leave allows employees to take time off for the birth or adoption of a child, to care for a close relative with a serious medical condition or to raise a family while a spouse is deployed for active military service.

  • New York Law Journal | Analysis

    Comparison of Tri-State Area Recreational Use Statutes

    By Christine A. Fazio and Ethan I. Strell | October 23, 2017

    In their Domestic Environmental Law column, Christine A. Fazio and Ethan I. Strell write: Beginning in the 1950s, states began adopting recreational use statutes, which shield landowners from tort liability when people engage in certain types of outdoor recreation on those lands, thus encouraging recreation. Although New York's, New Jersey's, and Connecticut's statutes are structured similarly, their application has been far from uniform.

  • New York Law Journal | Analysis

    The Missing Link in Lavern's Law

    By Peter A. Kolbert and Andrew S. Kaufman | October 23, 2017

    Peter A. Kolbert and Andrew S. Kaufman write: It is time for thoughtful evaluation of New York state's tort laws as they apply to medical malpractice and personal injury cases. Lavern's Law should not be signed into law unless it is part of a broader effort to achieve fairness for all parties in medical malpractice cases.

  • New York Law Journal | Analysis

    Court Confirms Condo Board Member's 'Unfettered' Rights to Access Books, Records

    By Ethan A. Kobre | October 23, 2017

    Ethan A. Kobre writes: As litigants and lawyers have discovered the efficacy of enforcing statutory and common-law books-and-records access rights through summary proceedings, this trend has spread not only to the residential cooperative corporation context but also to an even more popular form of communal living in New York: condominiums.

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