Pace Law School Student Publications

’Til Death Do Us Part? What Every Legal Practitioner Should Know About Premarital Agreements: A Law Student’s Perspective

Lauren Ludvigsen — Thu, 06 Dec 2012 14:00:09 PST

It is rare that a couple will enter into a marriage expecting to divorce each other. It may be the romance or the excitement of the impending nuptials, but couples do not include an expiration date on their marriage certificate. However, not all marriages last until “death do us part.” The United States Census Bureau conducted its first survey into marriages, divorces, and widowhood in America in 2009, finding that 9.2 of every 1,000 men and 9.7 of every 1,000 women over the age of fifteen reported being divorced. Despite these rates, research suggests that only one-fourth of Americans believe that premarital agreements (also known as prenuptial agreements or a “prenup”) are financially smart for those contemplating marriage. As a legal practitioner, it is imperative to be able to draft a valid, all-encompassing premarital agreement while navigating state law and the ethical considerations involved in the process. This guide will provide you with the necessary resources to draft a solid, comprehensive premarital agreement for your love-struck clients.

Article XIV, Agriculture, and Keeping New York’s Wilderness Wild

Hilary Atkin — Thu, 11 Oct 2012 11:03:33 PDT

When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify the responsibilities that Article XIV currently demands of state and local agencies on protection of the Forest Preserves. The importance of the health of the Forest Preserve for drinking water quality and quantity is clearly articulated in Article XIV and its legislative history, and agricultural practices can have a major impact on water resources. However, if the goal is to ensure the wild nature of the Forest Preserve, legislative measures may be the best avenue. Such legislation should require that agencies adopt measures and policies that mandate and encourage farming practices in and around the blue lines to assure the future integrity of the Forest Preserve and the future viability of agriculture in the Adirondacks and Catskills.

Wildlife Management and the Forest Preserve

Jeffrey Auger — Thu, 11 Oct 2012 11:03:32 PDT

The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for New York are then examined and it is argued that by increasing their support base the State can further ensure the conservation ideals enacted through the original promulgation of the Forest Preserve will continue to last for another hundred years.

Two Endangered Species in the Adirondacks in the Context of Constitutional “Wilderness”

Michael A. DiBrizzi — Thu, 11 Oct 2012 11:03:31 PDT

Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and preserve wildlife for future generations. The paper will briefly examine the legal framework for endangered species, as well as the laws of New York. It continues with a review on the status of the Indiana Bat and wolves in the Adirondacks, and a discussion of biological issues of these two species. The paper will conclude with analysis of the two species within the context of the constitutional mandate of Article XIV of the New York State Constitution.

Concerning the Constitutionality of Hydro-Fracking the Marcellus Shale

Sean Dillon — Thu, 11 Oct 2012 11:03:30 PDT

The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” - may have dire environmental consequences to the constitutionally protected Forest Preserve of the Catskills, the New York City Watershed and other sensitive ecosystems. Due to the potential environmental fallout associated with hydro-fracking operations, query as to whether Article XIV of the New York State Constitution would, or even should permit hydro-fracking operations thus far has been inadequately addressed. The paper seek to address these questions by a careful examination of the Forever Wild Clause, impacts of hydro-fracking, current legislative safeguards and implications of a possible amendment to Article XIV.

Legislative History and Current Bills Related to the Constitution Convention

Michael Friese — Thu, 11 Oct 2012 11:03:29 PDT

The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper to present the historical and present importance of the Forest Preserve, as well as the importance of the delegate electoral process to the outcome of the constitutional convention.

“Forever Wild”: Legal Aspects of Natural Resource Extraction In and Around the New York State Forest Preserve

Michael D. Henderson — Thu, 11 Oct 2012 11:03:28 PDT

Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This paper addresses the apparent human influence in the Adirondacks through a thorough analysis of the Forest Preserve and the efficacy of Article XIV. The paper concludes by examining probable consequences should Article XIV be altered.

Historic Preservation and the Wilderness

Seth Kagan — Thu, 11 Oct 2012 11:03:27 PDT

The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV to accommodate historic preservation along with other contemporary interests.

A Trusting Public: How the Public Trust Doctrine Can Save the New York Forest Preserve

Katherine R. Leisch — Thu, 11 Oct 2012 11:03:26 PDT

The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve as she examines how Article XIV serves as a limitation on government in order to protect the forest preserve through the safeguards of the public trust.

History of New York State’s “Forever Wild” Forest Preserve and the Agencies Charged with Carrying out Article XIV’s Mandate

Jessica B. Silver — Thu, 11 Oct 2012 11:03:23 PDT

Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next Constitutional Convention on the issues pertaining to Article XIV and its future implementation by the Department of Environmental Conservation for the benefit of New York.

Interpreting Article XIV of the New York Constitution: The Legal Measures That Mandate Sustainable Economic Development and Maintenance of Forever-Wild Forest in the Adirondacks

Chih-Yao Sun — Thu, 11 Oct 2012 11:03:22 PDT

The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.

The Illusion of the Blue Flame: Water Law and Unconventional Gas Drilling in New York

Anne Marie Garti — Thu, 19 Jan 2012 07:39:11 PST

This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction between the icon of natural gas as a clean blue flame and the actual and projected impacts of unconventional gas drilling. It concludes that the common sense of citizens is far ahead of established public policy in this fast moving area, and suggests that elected officials be attentive to these well-informed advocates as they determine the energy sources of the future.

Israel's Transboundary Water Disputes

Philip A. Baumgarten — Thu, 14 May 2009 09:40:35 PDT

As water is necessary to the function of life, it is imperative to understand the role of water in the politically turbulent Middle East. This paper will focus on Israel’s water disputes with her neighbors and how such disputes have either led to military confrontation, have been partially resolved, and otherwise continue to exist. As populations in the region are expected to increase, the need for water, already in short supply, will be magnified. Thus negotiations to settle water disputes and provide for equitable distribution of the water resources will become more contentious. This legal analysis of Israel’s water disputes will hopefully provide some guidance to the settlement of such issues in Israel’s future peace negotiations with the Syrians and Palestinians.

Seeing the Forest for the Treaties - Evolving Debates on CDM Forest and Forestry Project Activities 10 Years After the Kyoto Protocol

Romulo Sampaio — Mon, 12 Nov 2007 14:43:57 PST