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Articles 2131 - 2160 of 8594
Full-Text Articles in Entire DC Network
Innovation And Equality: An Approach To Constructing A Community Governed Network Commons, Rider W. Foley, Olivier Sylvain, Shelila Foster
Innovation And Equality: An Approach To Constructing A Community Governed Network Commons, Rider W. Foley, Olivier Sylvain, Shelila Foster
Faculty Scholarship
Networked computing affords users distinct opportunities to communicate with each other, build relationships, transact business, and create. Yet, the digital divide perpetuates existing disparities between social groups. Interventions that rely on private ownership or philanthropy often fall short. Efforts to redress these disparities require collaboration across academic disciplines and with government and private sector organizations. This paper chronicles efforts in Harlem to address this through a collaborative approach to networked computing. We draw on two concepts--responsible innovation and co-governance--to sketch a community-based approach to networked computing. Second, the article identifies two potential systems, based in property law, through which a …
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe
Faculty Scholarship
In the investigations, hearings, and aftermath of President Trump’s first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …
Housing The Decarcerated: Covid-19, Abolition & The Right To Housing, Norrinda Brown
Housing The Decarcerated: Covid-19, Abolition & The Right To Housing, Norrinda Brown
Faculty Scholarship
The coronavirus pandemic revealed the need to advance the right to housing and abolition movements. The need for advancements in both spaces was no more painfully apparent than among the recently decarcerated population. Securing housing for the recently decarcerated is particularly difficult due to the “culture of exclusion” that has long pervaded subsidized housing policy, enabled by a patchwork of federal laws, including the Anti-Drug Abuse Act (ADA) of 1988 and the Supreme Court’s ruling in HUD v. Rucker. The culture of exclusion is arbitrated by local housing authorities and works on three levels: eligibility, enforcement, and set asides. As …
Dobrovitsky V. Bronsteins Props., Llc
In The Matter Of: Marva Gorham
In The Matter Of: Marva Gorham
All Decisions
HPD terminated Section 8 subsidy due to "criminal activity" in 2017, and failure to provide documents to HPD. Tenant provided evidence of guilty plea/probationary sentence, successful drug rehab, and submitted documents prior to this hearing. Hearing officer found HPD's decision was mostly incorrect, reversed it, and reinstated the subsidy.
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Cracking The Code: How To Prevent Copyright Termination From Upending The Proprietary And Open Source Software Markets, Grant Emrich
Fordham Law Review
Computer software is protected by copyright law through its underlying code, which courts have interpreted as constituting a “literary work” pursuant to the Copyright Act. Prior to including software as copyrightable subject matter, Congress established a termination right which grants original authors the ability to reclaim their copyright thirty-five years after they have transferred it. Termination was intended to benefit up-and-coming authors who faced an inherent disadvantage in the market when selling the rights to their works. In the near future, many software works will reach the thirty-five-year threshold, thus presenting courts with a novel application of termination to computer …
The Wholesale Problem With Congress: The Dangerous Decline Of Expertise In The Legislative Process, Rachel E. Barkow
The Wholesale Problem With Congress: The Dangerous Decline Of Expertise In The Legislative Process, Rachel E. Barkow
Fordham Law Review
It is no surprise to anyone that Congress has become a hyperpartisan battleground where little effort is expended to promote policies that work for Americans. While Congress has always viewed policy issues through the lens of party politics, the role of nonpartisan expertise in the legislative process is at an all-time low. The disrespect for experts is growing across society, but the decline in their use is particularly troubling in Congress because it exacerbates deficiencies that are inherent to the legislative process. Congress passes laws of general applicability and does not sit in judgment of specific applications of the law. …
Copyright’S Techno-Pessimist Creep, Xiyin Tang
Copyright’S Techno-Pessimist Creep, Xiyin Tang
Fordham Law Review
Government investigations and public scrutiny of Big Tech are at an all-time high. While current legal scholarship and government focus have centered overwhelmingly on whether and how antitrust law and § 230 of the Communications Decency Act can be revised to address platform dominance, scant attention has been paid to another, almost unseen attempt to regulate Big Tech: copyright law. The recent adoption in Europe of Article 17 of the Copyright Directive, which holds internet platforms liable for user-generated creative content unless they obtain costly content licenses, is the most direct example of such regulation—and may serve as precedent for …
Qui Tam And The Bank Secrecy Act: A Public-Private Enforcement Model To Improve Anti-Money Laundering Efforts, Giovanni Scarcella
Qui Tam And The Bank Secrecy Act: A Public-Private Enforcement Model To Improve Anti-Money Laundering Efforts, Giovanni Scarcella
Fordham Law Review
Cartels, terrorists, fraudsters, and other criminals face a problem: when they receive the proceeds from their illicit activities, how can they get this money into their bank accounts without raising regulatory eyebrows? The Bank Secrecy Act (BSA) has established a complex regulatory regime, imposing on banks the duty to assess the risks presented by their clients, to monitor the transactions they process, and to report transactions that contain indicia of money laundering and other criminal activity to the Financial Crimes Enforcement Network (FinCEN). In response, criminals utilize increasingly sophisticated means to obfuscate the origins of these transactions and disguise their …
Powell V. Luma Realty Corp. Llc
Groves V. Dwayne
All Decisions
The original nonpayment claim was made in 2019 and was settled in November 2020; this opinion deals with the tenant's motion to hold the landlord (petitioner) in contempt for failing to make repairs in compliance with the Nov 2020 stipulation. The court, upon finding that the building was not approved for occupancy and the petitioner's failure to comply with the Nov. 2020 orders, ordered that the landlord correct all HPD violations by Dec. 15th, or within 30 days of receiving the order), or else potentially face prison time
106 W. 13th St. Llc V. Yampolsky
Reid V. 590 Maple Ventures Llc
1532-1609 Ocean Ave Llc V. Hertzan
1532-1609 Ocean Ave Llc V. Hertzan
All Decisions
In a holdover proceeding, landlord sought possession from tenant for breach of lease by subletting the premises without prior consent, violating clear terms of the rental agreement. The court ruled in favor of the landlord, affirming that unauthorized subletting constitutes a material breach of the lease, warranting eviction under rent stabilization laws.
Decision In Art. 78 Proceeding - Hasty, Miles (2021-07-29)
Decision In Art. 78 Proceeding - Hasty, Miles (2021-07-29)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Bellerose, Jessica (2020-08-14)
Decision In Art. 78 Proceeding - Bellerose, Jessica (2020-08-14)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Dileonardo, Paul (2020-04-28)
Decision In Art. 78 Proceeding - Dileonardo, Paul (2020-04-28)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Burr, David (2020-03-11)
Decision In Art. 78 Proceeding - Burr, David (2020-03-11)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Pulliam, Dwayne (2018-10-10)
Decision In Art. 78 Proceeding - Pulliam, Dwayne (2018-10-10)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Dileonardo, Paul (2018-05-29)
Decision In Art. 78 Proceeding - Dileonardo, Paul (2018-05-29)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Kanani, Behrooz (2018-11-08)
Decision In Art. 78 Proceeding - Kanani, Behrooz (2018-11-08)
Decisions in Art. 78 Proceedings
No abstract provided.
Decision In Art. 78 Proceeding - Buckner, Cornelius (2021-01-14)
Decision In Art. 78 Proceeding - Buckner, Cornelius (2021-01-14)
Decisions in Art. 78 Proceedings
No abstract provided.
The Criminalization Of Foreign Relations, Steven Arrigg Koh
The Criminalization Of Foreign Relations, Steven Arrigg Koh
Fordham Law Review
Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms—presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.
The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner
The Illiberalization Of American Election Law: A Study In Democratic Deconsolidation, James A. Gardner
Fordham Law Review
For many years, the dominant view among American election law scholars has been that the U.S. Supreme Court’s constitutional jurisprudence of democratic practice got off to a promising start during the mid-twentieth century but has since then slowly deteriorated into incoherence. In light of the United States’ recent turn toward populist authoritarianism, that view needs to be substantially revised. With the benefit of hindsight, it now appears that the Supreme Court has functioned, in its management of the constitutional jurisprudence of democracy, as a vector of infection—a kind of super-spreader of populist authoritarianism. There is, sadly, nothing unusual these days …
Compulsory Voting And Black Citizenship, Ekow N. Yankah
Compulsory Voting And Black Citizenship, Ekow N. Yankah
Fordham Law Review
Protesting Black votes is part of our history of rejecting Black Americans as legitimate wielders of political power and contesting the fullness of Black citizenship. Obviously, hostility toward viewing Black Americans as deserving of the rights owed to other Americans is present in nearly every aspect of American life. But, among the oldest and most contentious hostilities—from the Civil War to Reconstruction to the Civil Rights Movement to contemporary voter suppression efforts—has been the resistance against Black votes. Any opportunity to quell this locus of racial animus calls for urgent address. Particularly, at this moment, when long-standing prophylactic measures such …
An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein
An Uncertain Participant: Victim Input And The Black Box Of Discretionary Parole Release, Noah Epstein
Fordham Law Review
Little is understood about the parole release process, as state parole boards predominately operate with incredible discretion and keep their deliberations and rationales hidden from public view. Even less is understood about the intersection of the inscrutable parole release decision-making process and victim rights. As the victim rights movement mobilized in the 1970s, victims, instead of remaining passive witnesses, came to wield significant influence over the release decision process. Today, victim participation in parole proceedings is increasing as most parole boards proclaim how important victims’ voices are and, in turn, actively incorporate victim input into their release calculus. Yet, it …
Election Observation Post-2020, Rebecca Green
Election Observation Post-2020, Rebecca Green
Fordham Law Review
The United States is in the midst of a crisis in confidence in elections, despite the many process protections baked into every stage of election administration. Part of the problem is that few Americans know just how rigorous the protections in place are, and most Americans have no concept of how modern elections are run. Election observation statutes are intended to provide a window for members of the public to learn about and oversee the process and to satisfy themselves that elections are fair and that outcomes are reliable. Yet in 2020, in part due to unforeseen pandemic conditions, election …