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Preface to Protecting the Environment Through Land Use Law: Standing Ground

Wed, 11/19/2014 - 15:46

Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes the critical importance of law in protecting the environment and promoting sustainable development.

Categories: Books

Threats and Bullying by Prosecutors

Mon, 11/03/2014 - 15:41

Part I of this Essay describes ten contexts in which prosecutors make threats and behave like bullies. Some of these contexts are familiar, such as grand jury proceedings or plea discussions, where threats are generally upheld. Threats in other contexts are not as easy to justify, such as threats to obtain testimony from prosecution witnesses, retaliating for the exercise of constitutional rights, forcing a waiver of civil rights claims, and publicly humiliating people. Other threats clearly are illegitimate and unethical, such as threats that drive defense witnesses off the stand, bringing criminal charges against outspoken critics and defense experts, and threats to charge corporations unless they refuse to pay the legal fees of employees. Then, Part II examines the legitimacy and illegitimacy of threats, provides a framework for analyzing the legitimacy of threats, and uses this framework to determine whether a prosecutor’s threats have crossed the line.

Categories: Books

In Memoriam: David Sive (1922-2014) and Joseph Sax (1936-2014)

Mon, 11/03/2014 - 15:35

In 1995, Professor of Law David Sive and Pace’s Law Faculty established this lectureship, in honor of Lloyd K. Garrison, to commemorate Scenic Hudson Preservation Conference v. Federal Power Commission.1 Known as the Storm King case, this ruling inaugurated what we today call environmental law. Two individuals above all others guided and framed the jurisprudential foundations for environmental law. We honor these founders today. Their lives were intertwined.

Categories: Books

International Criminal Law for Retributivists

Mon, 11/03/2014 - 15:31

Responding to the proliferation of international criminal tribunals during the last two decades, scholars have engaged in a rich debate about the normative foundations of international criminal law (“ICL”). The retributive theory of punishment--which justifies punishment based on the culpability of the accused, rather than by reference to its social benefits--has met with significant skepticism in these discussions. Some have argued that unique features of international criminal justice--for example, the extreme selectivity of punishment or the lack of certain social or political preconditions--are a poor match for retributive theory. Others have ignored retributivism altogether, or afforded the theory only passing mention.

This Article counters the anti-retributive strain by arguing that retributivism can indeed provide a meaningful framework for understanding ICL. First, I argue that in most respects retributive theory is no less plausible in the international setting than it is in the domestic setting. Understanding what claims retributive thinking might have upon ICL requires one to distinguish claims regarding the general justification required to defend punishment as a social practice--the core concern of retributive theory--from the more specific questions of institutional design--such as whether and when to create an international criminal tribunal, and how to set enforcement priorities--that are most pertinent to ICL scholars. I argue that, once these distinctions are sorted out, the anti-retributivist strain in ICL scholarship does little to engage retributivism's core claim that desert is necessary to morally justified punishment and provides an inherently good (if not exclusive) reason to punish irrespective of potential social benefits.

I also argue that retributivism is more compatible than commonly supposed with current thinking about international criminal justice. The theory permits various models for engaging the compromises of real world institutions. It provides a powerful lens for understanding the design of ICL institutions such as the International Criminal Court (“ICC”), and it is also compatible with dominant approaches to institutional decisions such as case selection and sentencing. Perhaps counter-intuitively, retributivism can also supply a framework for sometimes favoring alternatives to the traditional criminal prosecutions pursued by international courts, or even for opposing ICL altogether.

Finally, I argue that choice of punishment philosophy has less practical significance for ICL than theorists often assume. In particular, I argue that the choice between retributivism and other competing theories does little to resolve important policy dilemmas dividing theorists of ICL, including whether prosecution should sometimes be abandoned for amnesty or other alternatives. This point supports a broader argument that ICL is simultaneously overdetermined and underdetermined by traditional punishment theory: While the core of ICL is consistent with multiple theories of punishment, these theories provide only limited practical guidance on the most divisive questions.

Categories: Books

Highest Court in New York Affirms Local Power to Regulate Hydrofracking

Mon, 11/03/2014 - 15:27

In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the OGSML, the statutory scheme, and its legislative history, the court concluded that the legislature did not expressly or by implication preempt the power of localities in New York to regulate land use. Preempted, under the OGSML, in the court’s view, was the power to regulate the operations of the oil and gas industry, not matters normally associated with land use regulation.

Categories: Books

EB Style as a Moderating Variable in identifying Features of Psychosis in an Adolescent Population

Thu, 10/16/2014 - 14:05

The aim of this study was to contribute to the research on using the Rorschach Inkblot Test to identify adolescents that are at risk for experiencing psychotic symptoms. It was hypothesized that the utility of the Perceptual Thinking Index (PTI) and its components would be affected by Erlebnistypus (EB Style), because this variable is representative of the way an individual is likely to have approached the Rorschach task. It was further hypothesized that the quality of the specific responses associated with one's primary mechanism for problem-solving would be most likely to predict psychotic diagnosis as well as self-report and therapist ratings of psychotic features. Pearson correlations revealed differences between the three EB Style groups in terms of which Rorschach variables were correlated with various indicators of psychotic features. In particular, the PTI composite variable was correlated with whether or not an individual was diagnosed with a psychotic disorder only when individuals had introversive or ambitensive EB styles. On the other hand, the use of a new variable, C-%, was correlated with multiple self-report measures of psychotic features, but only when individuals had an extratensive style. Finally, a significant interaction effect was found between extratensive EB Style and C-% on color cards when predicting scores on the MMPI-A Schizophrenia Scale. Although not entirely consistent with the hypothesized trends, these patterns are of interest, and possible implications are explored in this text. Of importance is the dearth of research available on EB Style, despite the likelihood that one's problem-solving style affects the response process on the Rorschach test itself. Given the patterns observed in the results of this study, further research on the usefulness of this particular variable is necessary.^

Categories: Books

Program Evaluation of Jacob's Pillows Curriculum in Motion (JP-CIM) Program Residency: The Effects of Utilizing a Kinesthetic Instructional Program & Students Perceived Multiple Intelligence Strengths on Academic Motivation, Academic Self-Efficacy, & Exec

Thu, 10/16/2014 - 14:05

Skoning (2010) stated that special and general education teachers are challenged to effectively meet the academic needs of their students. No matter how frequently class materials are read, discussed, and reviewed, some students do not understand the information or remember it when asked to recall information later. Literature has shown that there is a connection between kinesthetic movement, executive functioning and academic achievement. Brain based learning and multiple intelligence theories depict how individuals take in, retain and learn information. Theorist postulate that academic motivation combined with academic self-efficacy can improve academic achievement. (Caine & Caine, 1991; Campbell & Campbell, 1999).^ The researcher conducted a quasi-experimental study that aimed to investigate the effects of the Jacob's Pillow Curriculum in Motion Program (a kinesthetic/dance movement program) on the academic motivation, academic self-efficacy, and executive functioning of high school students. Furthermore, this study explored how students self-identified multiple intelligence abilities impacted the relationship between JP-CIM and the outcome variables. The participants in the study were 86 students who attended a public high school in Berkshire County Massachusetts. The intervention group consisted of 37 students and the control group consisted of 49 students. Quantitative results indicated that although there were some changes in the student scores on the outcome variables from time 1 to time 2, the two groups did not differ significantly. Results also revealed that there was no significant difference on the outcome variables of the students who had perceived high and perceived low kinesthetic intelligence. Although there were no statistically significant findings, further examination of the results revealed general trends and patterns of scores amongst the participants. Patterns of scores indicated that the JP-CIM student participant's scores on self-esteem, self-regulation, and emotional control, increased more than their counterparts. Trends also revealed that students with perceived low kinesthetic strength portrayed an overall pattern of improvement on all three of the variables compared to the students with perceived high kinesthetic strength.^ The results are considered in regard to the current knowledge and research of kinesthetic/dance programs and perceived multiple intelligence strengths, on student learning, as well as, their social-emotional and executive functioning skills. Limitations and future directions are discussed.^

Categories: Books

Young Adult Internet Usage and Aggression: In-vivo Aggression in the Era of Cyberbullies

Thu, 10/16/2014 - 14:05

As communication becomes more technology based with less emphasis on in-vivo communication, it is important to understand the effects of prolonged technology use (specifically Internet usage) on interpersonal interactions. Online communications and prolonged Internet usage have been found to impact how people express and understand social cues. Previous studies have shown that Internet usage and certain online communications can negatively effect in-vivo social interactions in adolescents. This study examined the effects of Internet usage on in-vivo aggression in young adults, ages 18-24; as well as the moderating effect of cyberbully status on this relationship. Participants were given questionnaires to assess their Internet usage, online aggression, online victimization, and in-vivo aggression. Findings indicated that there was a significant relationship between Internet usage and in-vivo aggression; such that as Internet usage increased, in-vivo aggression increased. Cyberbully status was found to be a moderator for this relationship. For cyberbullies, cyberbully/victim, and abstainers in-vivo aggression increased as Internet usage Increased. However, those participants who reported being victims of cyberbullying displayed a decrease in in-vivo aggression as Internet usage increased. No differences were found between cyberbullies, cyberbully/victims, and abstainers in their moderating effect on the relationship between Internet usage and in-vivo aggression. Future research and implications are discussed. ^

Categories: Books