Patricia Salkin | Touro Law, Jacob D. Fuchsberg Law Center (original) (raw)
Papers by Patricia Salkin
Hofstra L. Rev., 2009
SUMMARY: ... Although a number of states have been active in providing wind siting guidance to lo... more SUMMARY: ... Although a number of states have been active in providing wind siting guidance to local governments or preempting local control for large-scale wind energy facilities, a majority leave primary siting responsibility in the hands of local zoning boards. ... Part V proposes ...
Pace Environmental Law Review, 2014
Governments at all levels have become increasingly interested in fostering healthy eating habits ... more Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely to start with state and local governments, which can take proactive measures to strengthen their regional foodsheds through a variety of land use planning and regulatory actions. This Article focuses on how existing land use plans and regulations can promote healthier and more sustainable communities through the...
Governments at all levels have become increasingly interested in fostering healthy eating habits ... more Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely to start with state and local governments, which can take proactive measures to strengthen their regional foodsheds through a variety of land use planning and regulatory actions. This Article focuses on how existing land use plans and regulations can promote healthier and more sustainable communities through the...
This article offers advice for anyone preparing to interview for a deanship - go back to what you... more This article offers advice for anyone preparing to interview for a deanship - go back to what you are passionate about to really express how you might approach serving as a law dean. In this case, the passion centers on the subject of land use planning and sustainable development law. When interviewing for the position of dean of a law school, Academics who rise through the ranks to a deanship have a background in legal scholarship that often marries theory and practice. Faculty spend countless hours, even years, developing theories and concepts to advance the law in a particular discipline. Hopefully, the investment of time indicates a passion for the subject matter. Individual perspective on any subject matter can shine light on attitude and approach to problem-solving, vision, and passion. The recommendation to decanal candidates is skip the "copycat" discussions of boring and rote "role of the law school dean," and demonstrate the kind of dean you would be th...
Urban Lawyer, 2010
This article reflects upon the impact that technology and innovation has had on urban development... more This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technlogy has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.
Albany Law Journal of Science and Technology, 1994
Property, 2010
With a significant volume of litigation focused on the subject of nonconforming uses, this articl... more With a significant volume of litigation focused on the subject of nonconforming uses, this article offers practical strategies for drafters of local zoning ordinances and laws on the subject of abandonment, discontinuance and amortization of nonconforming uses.
Social Science Research Network, 2015
At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-s... more At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator conference, we thought it would be helpful to consider fundamental issues deans grapple with when asked to launch an incubator. This list may not be exhaustive, but it will certainly more quickly advance the conversation, and offers a roadmap of sorts for an incubator business plan.
Journal of law and policy, 2010
Traditionally, the states have empowered local governments to develop plans and implement regulat... more Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes so eager to stimulate local economic development that they fail to fully engage communities in the project review process, both to expedite development and to avoid confronting local opposition. This emphasis on short-term economic growth, however, may obscure a local government’s perception of the social and environmen...
Artists often chronicle historical developments through their chosen medium. In the case of Billy... more Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country experience a population uptick with what is referred to as the baby boomer generation, but the introduction of the automobile and the investment in road and highway infrastructure created the perfect storm for population movements from the cities to the suburbs.
This article examines the relationship of smart growth, Growing Smart and local environmental law... more This article examines the relationship of smart growth, Growing Smart and local environmental law with a particular focus on what states can do to empower and encourage the enactment of meaningful local environmental land use laws. Part I briefly discusses the history of land use reform in the United States to set the context of the reform efforts presently underway. Part II considers the impact of state-level smart growth reforms with respect to the traditional notion of the primacy of local governments in land use control. Part III reviews the American Planning Association's (APA's) Growing Smart Legislative Guidebook (Growing Smart). Part IV discusses the continuing role of the federal government in fostering state and local land use reform efforts, and concludes with recommended next steps to sustain the momentum of land use law reform for greater local environmental protection.
Although a coordinated national policy on climate change should be developed, initiatives at the ... more Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references a forthcoming article from the Houston Environmental & Energy Law and Policy Journal that details current developments in this area). Part III focuses on addressing emissions through the use of environmental impact reviews, and Part IV highlights how sustainability is being addressed through zoning and other land u...
Perhaps the stars are aligned for meaningful government reform when every key player in New York ... more Perhaps the stars are aligned for meaningful government reform when every key player in New York State Government releases a package of proposed reforms to enhance efficiency and productivity in government and to restore and/or build public trust and confidence in government. In addition to the Governor, (1) the Comptroller, (2) the Attorney General, (3) leading state legislators (4) and declared candidates, (5) offering their solutions for fixing Albany, an array of non-profit good government organizations, (6) programs based at academic institutions, (7) and the New York State Bar Association (8) have similarly called for reforms. Chief Judge Judith Kaye has also embarked on a number of reform initiatives within the Judicial Branch. (9) At times the reform agendas may overlap, but taken together, all of the identified potential subject areas for reform set out a blueprint for significantly changing the way government business is conducted. It was with this goal in mind that the Al...
This article provides a critical examination of land use reform in New York. It is designed to ed... more This article provides a critical examination of land use reform in New York. It is designed to educate newcomers to the political territory and dimensions involved in achieving land use reform. Additionally, this article illustrates a path of reform, which could result in a major overhaul of statewide attitudes and regulations concerning land use planning and zoning. It concludes by setting forth a warning of the potential consequences New York local, regional, and state governments may face should they fail to continue the effort to reform our land use decision-making process.
Current events across the country reveal no shortage of allegations of unethical conduct in the l... more Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
1 Model Rules of Prof'l Conduct R. 1.1-1.8, 1.10, 1.13-1.18 (2008) (1.1 Competence—“A lawyer ... more 1 Model Rules of Prof'l Conduct R. 1.1-1.8, 1.10, 1.13-1.18 (2008) (1.1 Competence—“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” 1.2 Scope of Representation and Allocation of Authority Between Lawyer and Client. 1.3 Diligence “A lawyer shall act with reasonable diligence and promptness in representing a client.” 1.4 Communication. 1.5 Fees—“(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses . . ..” 1.6 Con dentiality of Information—“(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) . . ..” 1.7 Con ict of Interest: Current Clients—“(a) Except as provided in...
Hofstra L. Rev., 2009
SUMMARY: ... Although a number of states have been active in providing wind siting guidance to lo... more SUMMARY: ... Although a number of states have been active in providing wind siting guidance to local governments or preempting local control for large-scale wind energy facilities, a majority leave primary siting responsibility in the hands of local zoning boards. ... Part V proposes ...
Pace Environmental Law Review, 2014
Governments at all levels have become increasingly interested in fostering healthy eating habits ... more Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely to start with state and local governments, which can take proactive measures to strengthen their regional foodsheds through a variety of land use planning and regulatory actions. This Article focuses on how existing land use plans and regulations can promote healthier and more sustainable communities through the...
Governments at all levels have become increasingly interested in fostering healthy eating habits ... more Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely to start with state and local governments, which can take proactive measures to strengthen their regional foodsheds through a variety of land use planning and regulatory actions. This Article focuses on how existing land use plans and regulations can promote healthier and more sustainable communities through the...
This article offers advice for anyone preparing to interview for a deanship - go back to what you... more This article offers advice for anyone preparing to interview for a deanship - go back to what you are passionate about to really express how you might approach serving as a law dean. In this case, the passion centers on the subject of land use planning and sustainable development law. When interviewing for the position of dean of a law school, Academics who rise through the ranks to a deanship have a background in legal scholarship that often marries theory and practice. Faculty spend countless hours, even years, developing theories and concepts to advance the law in a particular discipline. Hopefully, the investment of time indicates a passion for the subject matter. Individual perspective on any subject matter can shine light on attitude and approach to problem-solving, vision, and passion. The recommendation to decanal candidates is skip the "copycat" discussions of boring and rote "role of the law school dean," and demonstrate the kind of dean you would be th...
Urban Lawyer, 2010
This article reflects upon the impact that technology and innovation has had on urban development... more This article reflects upon the impact that technology and innovation has had on urban development. From NASA's Landstat program, to Google maps and GPS, technlogy has had a significant impact on urban planning and land use law. The article begins with a discussion of the impact of the elevator and steel technologies on urban architecture and density, and then moves to changes in transportation such as the automobile and the development of public transportation systems. Green buildings, GIS, satellite data, online mapping, personal computers, the Internet and cell phones are all examined.
Albany Law Journal of Science and Technology, 1994
Property, 2010
With a significant volume of litigation focused on the subject of nonconforming uses, this articl... more With a significant volume of litigation focused on the subject of nonconforming uses, this article offers practical strategies for drafters of local zoning ordinances and laws on the subject of abandonment, discontinuance and amortization of nonconforming uses.
Social Science Research Network, 2015
At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-s... more At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator conference, we thought it would be helpful to consider fundamental issues deans grapple with when asked to launch an incubator. This list may not be exhaustive, but it will certainly more quickly advance the conversation, and offers a roadmap of sorts for an incubator business plan.
Journal of law and policy, 2010
Traditionally, the states have empowered local governments to develop plans and implement regulat... more Traditionally, the states have empowered local governments to develop plans and implement regulations for neighborhood and community development. When accomplished at the local or regional level, the interests and benefits of the community as a whole are to be weighed against the detriments to individuals. Much has been studied and written about the lack of meaningful public participation in the planning and land use regulatory process, suggesting that often low-income and minority communities are not fully engaged in the process, even when it may result in decisions negatively impacting their neighborhoods. Case studies have also shown that governments are sometimes so eager to stimulate local economic development that they fail to fully engage communities in the project review process, both to expedite development and to avoid confronting local opposition. This emphasis on short-term economic growth, however, may obscure a local government’s perception of the social and environmen...
Artists often chronicle historical developments through their chosen medium. In the case of Billy... more Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country experience a population uptick with what is referred to as the baby boomer generation, but the introduction of the automobile and the investment in road and highway infrastructure created the perfect storm for population movements from the cities to the suburbs.
This article examines the relationship of smart growth, Growing Smart and local environmental law... more This article examines the relationship of smart growth, Growing Smart and local environmental law with a particular focus on what states can do to empower and encourage the enactment of meaningful local environmental land use laws. Part I briefly discusses the history of land use reform in the United States to set the context of the reform efforts presently underway. Part II considers the impact of state-level smart growth reforms with respect to the traditional notion of the primacy of local governments in land use control. Part III reviews the American Planning Association's (APA's) Growing Smart Legislative Guidebook (Growing Smart). Part IV discusses the continuing role of the federal government in fostering state and local land use reform efforts, and concludes with recommended next steps to sustain the momentum of land use law reform for greater local environmental protection.
Although a coordinated national policy on climate change should be developed, initiatives at the ... more Although a coordinated national policy on climate change should be developed, initiatives at the local government level through the land use planning and regulatory control processes have tremendous potential to dramatically contribute to the reduction of green house gas emissions, leading to a reduction in the carbon footprint and ultimately to a more sustainable environment. Part I of this article discusses opportunities for using the comprehensive land use planning process to address sustainability and provides examples of how this is being accomplished across the country. Part II mentions the growing number of state and local climate action plans (and cross-references a forthcoming article from the Houston Environmental & Energy Law and Policy Journal that details current developments in this area). Part III focuses on addressing emissions through the use of environmental impact reviews, and Part IV highlights how sustainability is being addressed through zoning and other land u...
Perhaps the stars are aligned for meaningful government reform when every key player in New York ... more Perhaps the stars are aligned for meaningful government reform when every key player in New York State Government releases a package of proposed reforms to enhance efficiency and productivity in government and to restore and/or build public trust and confidence in government. In addition to the Governor, (1) the Comptroller, (2) the Attorney General, (3) leading state legislators (4) and declared candidates, (5) offering their solutions for fixing Albany, an array of non-profit good government organizations, (6) programs based at academic institutions, (7) and the New York State Bar Association (8) have similarly called for reforms. Chief Judge Judith Kaye has also embarked on a number of reform initiatives within the Judicial Branch. (9) At times the reform agendas may overlap, but taken together, all of the identified potential subject areas for reform set out a blueprint for significantly changing the way government business is conducted. It was with this goal in mind that the Al...
This article provides a critical examination of land use reform in New York. It is designed to ed... more This article provides a critical examination of land use reform in New York. It is designed to educate newcomers to the political territory and dimensions involved in achieving land use reform. Additionally, this article illustrates a path of reform, which could result in a major overhaul of statewide attitudes and regulations concerning land use planning and zoning. It concludes by setting forth a warning of the potential consequences New York local, regional, and state governments may face should they fail to continue the effort to reform our land use decision-making process.
Current events across the country reveal no shortage of allegations of unethical conduct in the l... more Current events across the country reveal no shortage of allegations of unethical conduct in the land use review process. Sadly, there are countless other media accounts of alleged and proven conflicts of interest and other ethical misconduct. In this annual review of reported decisions involving ethics in land use, recent decisions are discussed in the hopes that municipal attorneys will use this information as the basis of ongoing training for members of planning boards, zoning boards, and local legislative bodies who must be routinely reminded of not only their legal but ethical responsibilities in upholding the public trust.
1 Model Rules of Prof'l Conduct R. 1.1-1.8, 1.10, 1.13-1.18 (2008) (1.1 Competence—“A lawyer ... more 1 Model Rules of Prof'l Conduct R. 1.1-1.8, 1.10, 1.13-1.18 (2008) (1.1 Competence—“A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” 1.2 Scope of Representation and Allocation of Authority Between Lawyer and Client. 1.3 Diligence “A lawyer shall act with reasonable diligence and promptness in representing a client.” 1.4 Communication. 1.5 Fees—“(a) A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses . . ..” 1.6 Con dentiality of Information—“(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b) . . ..” 1.7 Con ict of Interest: Current Clients—“(a) Except as provided in...