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Beyond Bars: Rethinking Substance Use Criminalization In Federal Supervised Release, Emilia E. Mcmanus

Fordham Urban Law Journal

No abstract provided.

Of Another Mind: Ai And The Attachment Of Human Ethical Obligations, Katherine B. Forrest

Fordham Law Review

We are entering a new world. A world in which we humans will be confronted with our intellectual limitations as we watch the evolution of artificial intelligence (AI) that we have created meet and exceed our capabilities. I have a few predictions about this—based first on how technology changes occur, with a layer of how human nature reacts to those changes.

My first prediction is that we may not initially recognize AI’s actual capabilities. We will find ways of describing what AI can do as somehow mimicry—the advances of a stochastic parrot, perhaps; we will not want to recognize our …

The Legal Imitation Game: Generative Ai’S Incompatibility With Clinical Legal Education, Jake Karr, Jason Schultz

Fordham Law Review

In this Essay, we briefly describe key aspects of [generative artificial intelligence] that are particularly relevant to, and raise particular risks for, its potential use by lawyers and law students. We then identify three foundational goals of clinical legal education that provide useful frameworks for evaluating technological tools like GenAI: (1) practice readiness, (2) justice readiness, and (3) client-centered lawyering. First is “practice readiness,” which is about ensuring that students have the baseline abilities, knowledge, and skills to practice law upon graduation. Second is “justice readiness,” a concept proposed by Professor Jane Aiken, which is about teaching law students to …

Fairness And Fair Use In Generative Ai, Matthew Sag

Fordham Law Review

Although we are still a long way from the science fiction version of “artificial general intelligence” that thinks, feels, and refuses to “open the pod bay doors,” recent advances in machine learning and artificial intelligence (AI) have captured the public’s imagination and lawmakers’ interest. We now have large language models (LLMs) that can pass the bar exam, carry on (what passes for) a conversation about almost any topic, create new music, and create new visual art. These artifacts are often indistinguishable from their human-authored counterparts and yet can be produced at a speed and scale surpassing human ability.

“Generative AI” …

Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi

Fordham Law Review

A profound shift is occurring in the way many decisions are made, with machines taking greater roles in the decision-making process. Two arguments are often advanced to justify the increasing use of automation and algorithms in decisions. The “Awful Human Argument” asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the “Better Together Argument,” posits that machines can augment and improve human decision-making. These arguments exert a powerful influence on law and policy.

In this Essay, we contend that in the context of making decisions about humans, these arguments are far too …

Fostering Faith: Religion And Inequality In The History Of Child Welfare Placements, Elizabeth D. Katz

Fordham Law Review

Each year in the United States, approximately 700,000 children live in foster care. Many of these children are placed in religiously oriented homes recruited and overseen by faith-based agencies (FBAs). This arrangement—as well as the scope and operation of child welfare services more broadly—is at a crucial moment of reckoning. Scholars and advocates focused on children’s rights and family integrity maintain that the child welfare system, increasingly termed the “family policing system,” harms children, families, and communities through unnecessary and racist child removal that is partly motivated by perverse financial incentives. Some call for abolition. Meanwhile, in a largely separate …

Toward An Ethical Human-Computer Division Of Labor In Law Practice, Abdi Aidid

Fordham Law Review

In this Essay, I explain that responsible and ethical use of AI in law practice requires reconceptualizing the lawyer’s professional relationship to technology. The current commercial-industrial relationship is based on a stylized model of technology as mechanical application, not calibrated to emergent AI-enabled technologies. Put differently, lawyers cannot interact with AI-enabled technologies the way that they traditionally interact with, say, word processors. For AI-enabled technologies, I explain that a “division of labor” framework is more fruitful; like horizontal professional relationships between peers or vertical ones in professional hierarchies, lawyers ought to interact with sophisticated technologies through arrangements that optimize for …

Introduction For Pro Se Litigants To Appealing Parole Denials, Parole Preparation Project, Michelle L. Lewin

All Categories

No abstract provided.

Chatgpt, Large Language Models, And Law, Harry Surden

Fordham Law Review

This Essay explores Artificial Intelligence (AI) Large Language Models (LLMs) like ChatGPT/GPT-4, detailing the advances and challenges in applying AI to law. It first explains how these AI technologies work at an understandable level. It then examines the significant evolution of LLMs since 2022 and their improved capabilities in understanding and generating complex documents, such as legal texts. Finally, this Essay discusses the limitations of these technologies, offering a balanced view of their potential role in legal work.

Burden Of The Bargain: Ineffective Assistance Of Counsel Claims In The Absence Of A Plea Offer, Sriram H. Ramesh

Fordham Law Review

The modern criminal justice system in the United States is a “system of pleas.” Plea bargains have largely supplanted trials as the primary method of resolving criminal proceedings in this country. Acknowledging their prevalence, the U.S. Supreme Court has held that the Sixth Amendment right to effective assistance of counsel extends to the plea-bargaining process. Thus, defendants may bring ineffective assistance of counsel (IAC) claims for alleged ineffectiveness during the plea-bargaining phase.

In two companion cases, Missouri v. Frye and Lafler v. Cooper, the Court held that its two-pronged test for IAC, laid out in Strickland v. Washington, …

Chillo V. Lopez

All Decisions

In this Nonpayment case, the court granted the tenant's motion to vacate a pro se stipulation entered into during litigation. The stipulation was vacated because the court found that the tenant, who was unrepresented at the time, entered into it improvidently. The petition filed by the landlord was defective as it alleged inconsistent facts regarding the regulatory status of the apartment, which formed a viable defense for the tenant. As a result, the court vacated the stipulation and returned the parties to their original positions, setting aside the judgment and warrant. The proceeding was adjourned for further motions, and the …

The California Supreme Court Replaces Gingles Prong One, Bruce A. Wessel, Jason D. D'Andrea

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Bold Group, Llc V. Rachmut

All Decisions

In a residential landlord-tenant action, the tenant successfully defended against eviction by establishing a prima facie case of a rent-impairing violation, specifically a roof leak. The court found that the landlord's evidence to refute the violation was weak. However, the court also denied the tenant's request for attorney fees and security deposit return.

Himrod St. Assoc., L.P. V. Andrews

All Decisions

In a non-payment case settled with a payment agreement, the tenant's government agency (HRA) sent checks to the landlord, but one went missing. The court ruled the landlord couldn't evict the tenant for the missing amount because it likely went to someone with access to the landlord's checks. Even though the payee (landlord) usually bears the risk of internal fraud, the court considered the hardship of eviction and the government agency's resources for investigating the missing funds.

Bertie V. Norman

All Decisions

The landlord brought a holdover proceeding to evict the tenant, claiming the lease had expired. The tenant argued that the building was rent-stabilized because there were once two illegal basement apartments. The court found in favor of the tenant, reasoning that violations issued by the Department of Buildings documenting the existence of two basement apartments constituted unrebutted evidence, and that the landlord failed to disprove their existence. Since the building had more than four apartments, rent stabilization applied to all units.

17th & 10th Assoc., Llc V. Corley

All Decisions

A landlord successfully obtained a court order to remove the tenant from their apartment for repairs after the tenant refused to allow access. The court authorized the sheriff to forcibly remove the tenant if necessary. This case highlights that tenants who willfully block repairs can be temporarily removed to allow essential work to be completed.

St Nick's Alliance, Llc V. Cordero

All Decisions

In this owner's use holdover proceeding brought by the non-profit landlord, the court granted the landlord's motion for summary judgment after the tenant defaulted in opposing. The court rejected the tenant's argument that a deceased prior occupant was a rent-stabilized tenant to whose tenancy the tenant, as a non-traditional family member, could succeed. The court found that under the 2019 HSTPA amendments, the prior occupant was at most a "tenant" in name only for the non-profit housing accommodation exempt from rent regulation, not an actual rent-stabilized tenant. As the tenant was at best a licensee, he could not claim rent-stabilized …

Shu Ming Wang V. Moises

All Decisions

Wang v Moises is a Holdover-Lease Expiration case in the Civil Court of the City of New York, Kings County. The landlord sought possession of the property alleging lease expiration, while the tenants argued for de facto rent stabilization due to a disputed sixth unit in the basement. The court, after weighing evidence including testimony and documents, found in favor of the landlord, ruling that the basement did not constitute a separate housing unit and thus denying the tenants' rent stabilization claim. The court also upheld the validity of the termination notice issued by the landlord. This judgment highlights the …

Decision In Art. 78 Proceeding - Horein, Joshua (2024-03-15)

Decisions in Art. 78 Proceedings

No abstract provided.

517-525 W. 45 Llc V. New York City Dept. Of Hous. Preserv. & Dev.

All Decisions

The Appellate Division affirmed the dismissal of plaintiff's complaint under the doctrine of res judicata, citing a prior dismissal of a CPLR article 78 petition seeking the same relief regarding issuance of a cure completion certificate by HPD. The court found plaintiff had already litigated the issue of HPD's discretion under the cure agreement in the prior proceeding, barring re-litigation. Additionally, the court rejected plaintiff's claims of impossibility and failure to exhaust administrative remedies, affirming that these arguments did not undermine the res judicata effect of the earlier judgment.

Ortiz V. Dharmnath

All Decisions

In a holdover proceeding, the tenant argued for rent stabilization protection for her unit within a purported horizontal multiple dwelling. Landlord failed to prove the buildings lacked sufficient commonality to exclude rent stabilization, as required under RSL. Court reversed judgments, dismissing the petition due to landlord's failure to establish exemption from rent stabilization since 1974, emphasizing insufficient evidence predating 2017 and tenant's affirmative defense success.

Nyc Dept. Of Hous. Preserv. & Dev. V. Napa Partners Llc

All Decisions

The case involves a Housing Preservation and Development (HPD) proceeding initiated to address violations of the Housing Maintenance Code (HMC) and seek civil penalties. After multiple hearings and stipulations, including Consent Orders to Correct (OTC) overseen by Judge Clinton Guthrie, the court found respondents in contempt for non-compliance with the OTCs. The judgment joined additional parties, discontinued the case against one respondent, awarded civil penalties, and ordered a new OTC. The decision highlighted the necessity of compliance with court orders and the consequences of failing to address housing code violations, underscoring the landlord's responsibility to maintain properties in accordance with …

Cabrera-Perez V. Promesa Hous. Dev. Fund Corp.

All Decisions

In a negligent security case involving a home invasion, the tenant alleged that the landlord's inadequate security measures, including malfunctioning locks and a defective peephole, contributed to the incident. The court denied the landlord's motion for summary judgment, highlighting that issues of fact existed regarding proximate cause and the adequacy of security measures. The tenant's cross-motion for a negative inference charge due to spoliation of surveillance footage was granted, underscoring the landlord's duty to preserve evidence relevant to the case.

Decision In Art. 78 Proceeding - Svanberg, Matthew (2023-03-04)

Decisions in Art. 78 Proceedings

No abstract provided.

Eleven Eleven Realty Assoc. V. Elizabeth

All Decisions

In this non-payment case in a co-op in Kings County, the tenant moved for summary judgment seeking a 100% rent abatement based on rent impairing violations in the common areas of the premises, citing MDL § 302-a. The landlord opposed, arguing lack of control over the common areas. However, evidence presented suggested landlord's control over maintenance decisions. The court granted tenant's motion, awarding the rent abatement, emphasizing landlord's responsibility under RPAPL 235-b to maintain habitability, and interpreting MDL § 302 to cover violations in areas under landlord's control, resulting in a substantial win for the tenant.

Alford V. 72nd Tenants Corp.

All Decisions

In a dispute over the use of a terrace, the tenant alleged breach of lease due to the landlord's failure to maintain the premises. Court found issues of fact regarding whether the disputed area was part of the demised premises, denying summary judgment on that ground. However, the tenant's claims for breach of warranty of habitability and negligence were dismissed due to lack of standing and failure to establish actionable harm under applicable law.

Matter Of Bergen Realty & Mgt., Llc V. New York State Div. Of Hous. & Community Renewal

All Decisions

Petitioner challenged a decision by the New York State Division of Housing and Community Renewal (DHCR) to issue an order reopening a case solely to correct the owner's name and address. Petitioner contended that DHCR acted arbitrarily and deprived it of due process rights by failing to notify of the reopening and provide an opportunity to respond. However, the court found that DHCR's action was within its authority as a ministerial act to correct administrative errors. Despite the petitioner's arguments, the court determined that DHCR's decision had a rational basis and dismissed the petition.

197 Madison Holdings Llc V. Nys Division Of Housing And Community Renewal

All Decisions

In this Article 78 proceeding, the landlord challenges DHCR's determination of rent overcharges based on alleged violations of rent freeze orders and lack of sufficient evidence of rent collection. The court found DHCR's reliance on vacancy lease terms and rent reduction orders reasonable, affirming its decision despite the landlord's procedural objections. Key legal points include burden of proof in rent overcharge cases and DHCR's authority to interpret and apply Rent Stabilization Law provisions, emphasizing the requirement for agencies to substantiate rent collections in overcharge complaints initiated by them.

Avenue Second Owner Llc V. New York State Division Of Housing And Community Renewal

All Decisions

In a dispute over demolition stipends for rent-regulated apartments destroyed in a fire, the court upheld DHCR's use of registration records to determine room counts and corresponding stipends, rejecting the landlord's argument for alternative evidence like inspection cards. Emphasizing DHCR's authority under Operational Bulletin 2009-1, the court found DHCR's decision rational and within its expertise, despite the landlord's procedural objections under SAPA. The decision underscores deference to administrative agencies in interpreting their regulations and calculating tenant benefits based on established record.

Genao V. Chen

All Decisions

The case involves a tenant petitioning for correction of violations of the Housing Maintenance Code (HMC). Following a Consent Order to Correct (OTC), the tenant filed an Order to Show Cause (OSC) seeking to restore the matter to the calendar for various relief, including penalties for non-compliance with the OTC. Despite service, the respondent failed to appear, leading to an inquest where the tenant provided evidence of non-compliance with the OTC. The court found the respondent in civil contempt for failing to correct a specific violation, ordering fines and potential incarceration if contempt was not purged within a specified time …