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Administrative Appeal Brief - Fusl000111 (2022-01-11) Feb 2022

Administrative Appeal Brief - Fusl000111 (2022-01-11)

Parole Administrative Appeal Briefs

No abstract provided.


Decision In Art. 78 Proceeding - Cutting, Rosalie (2015-04-07) Feb 2022

Decision In Art. 78 Proceeding - Cutting, Rosalie (2015-04-07)

Decisions in Art. 78 Proceedings

No abstract provided.


Art. 78 Petition - Fusl000055 (2020-12-03) Feb 2022

Art. 78 Petition - Fusl000055 (2020-12-03)

Art. 78 Petitions

No abstract provided.


Kim V. United Am. Land Llc Jan 2022

Kim V. United Am. Land Llc

All Decisions

Tenant filed HP motion seeking court order to correct HMC violations in interim multiple dwelling and seeks finding of harrassment by landlord. Court dismissed HP proceeding in part (but issued Order to Correct 2 HPD violations) because of prior proceeding pending before the NYC Loft Board. J. Bacdayan determined the Code DOES allow court to enforce HMC violations in interim multiple dwellings, disagreeing with ruling in Baer (71 MISC 3d 1125).


Making The Case For Law Tech, Janet Kearney Jan 2022

Making The Case For Law Tech, Janet Kearney

Staff Publications

As the concept of a “practice-ready” attorney continues to grow in both law firms and law schools, law school libraries are meeting this need by offering programming related to legal technology. In this article, a law librarian from the United States discusses their successes and failures in creating and maintaining legal technology programming, a first step in a larger conversation on practice-ready law graduates. This article is based on a June 2021 presentation given at the annual conference of the British and Irish Association of Law Librarians.


Limited Scope Representation When An Appearance Is Made And The Ethics Of Lawyering, Peter C. Angelica Jan 2022

Limited Scope Representation When An Appearance Is Made And The Ethics Of Lawyering, Peter C. Angelica

Fordham Urban Law Journal

No abstract provided.


Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska Jan 2022

Subversive Legal Education:Reformist Steps Towardabolitionist Visions, Christina John, Russell G. Pearce, Aundray Jermaine Archer, Sarah Medina Camiscoli, Aron Pines, Maryam Salmanova, Vira Tarnavska

Fordham Law Review

Exclusivity in legal education divides traditional scholars, students, and impacted communities most disproportionately harmed by the legal education system. While traditional legal scholars tend to embrace traditional legal education, organic jurists—those who are historically excluded from legal education and those who educate themselves and their communities about their legal rights and realities—often reject the inaccessibility of legal education and its power. This Essay joins a team of community legal writers to imagine a set of principles for subversive legal education. Together, we—formerly incarcerated pro se litigants, paralegals for intergenerational movement lawyering initiatives, first-generation law students and lawyers, persons with years …


Policy By The People, For The People:Designing Responsiveregulation And Buildingdemocratic Power, Scott L. Cummings, Doug Smith Jan 2022

Policy By The People, For The People:Designing Responsiveregulation And Buildingdemocratic Power, Scott L. Cummings, Doug Smith

Fordham Law Review

Policymaking in American democracy is often a process that happens to people rather than by them. This is especially the case with respect to policy that affects people with less power in low-income communities and communities of color. Urban policy, in particular, has historically been driven by business elites and white homeowners’ interests, which have shaped exclusionary policies, such as redlining and single-family zoning— etching racial and economic segregation into the fabric of city space. Even when outsider interest groups and social movement organizations gain enough power to shape the policy agenda, give input into the content of policy, and …


Language Barriers And Cultural Incompetency In The Criminal Legal System: The Prejudicial Impacts On Lep Criminal Defendants, Sarah Moya Jan 2022

Language Barriers And Cultural Incompetency In The Criminal Legal System: The Prejudicial Impacts On Lep Criminal Defendants, Sarah Moya

Fordham Urban Law Journal

No abstract provided.


Here To Stay: Wrestling With The Future Of The Quickly Maturing Spac Market, Matthew Diller, Rick Fleming, Stephen Fraidin, Aj Harris, Gregory F. Laufer, Mark Lebovitch, Gregg A. Noel, Hester M. Peirce, Usha R. Rodrigues, Mike Stegemoller, Verity Winship, Douglas Ellenoff Jan 2022

Here To Stay: Wrestling With The Future Of The Quickly Maturing Spac Market, Matthew Diller, Rick Fleming, Stephen Fraidin, Aj Harris, Gregory F. Laufer, Mark Lebovitch, Gregg A. Noel, Hester M. Peirce, Usha R. Rodrigues, Mike Stegemoller, Verity Winship, Douglas Ellenoff

Fordham Journal of Corporate & Financial Law

No abstract provided.


Afrofuturism And The Law, I. Bennett Capers Jan 2022

Afrofuturism And The Law, I. Bennett Capers

Faculty Scholarship

Long before the film Black Panther captured the public’s imagination, the cultural critic Mark Dery coined the term “Afrofuturism” to describe “speculative fiction that treats African-American themes and addresses African-American concerns in the context of twentieth-century technoculture.” Since then, the term has been applied to speculative creatives as diverse as the pop artist Janelle Monae, the science fiction writer Octavia Butler, and the visual artist Nick Cave. But only recently have thinkers turned to how Afrofuturism might guide, and shape, law. This special issue, “Afrofuturism and the Law,” features articles that explore the many ways Afrofuturism can inform a range …


A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan Jan 2022

A Tale Of Two Civil Procedures, Pamela K. Bookman, Colleen F. Shanahan

Faculty Scholarship

In the United States, there are two kinds of courts: federal and state. Civil procedure classes and scholarship tend to focus on the federal, but refer to and make certain assumptions about state courts. While this dichotomy makes sense when discussing some issues, like federal subject matter jurisdiction, for many aspects of procedure this breakdown can be misleading. When understanding American civil justice, two different categories of courts are just as salient: those that routinely include lawyers, and those where lawyers are fundamentally absent.

This essay urges civil procedure teachers and scholars to think about our courts as “lawyered” courts—which …


Nonprofit Board Composition, Atinuke O. Adediran Jan 2022

Nonprofit Board Composition, Atinuke O. Adediran

Faculty Scholarship

This Article addresses a critical gap in the literature and current debates about the composition of nonprofit boards. The law of fiduciary duties and nonprofit governance best practices do not provide sufficient guidance on how to compose boards to empower the communities they serve. And even as the corporate sector is seizing on current important moments to debate the inclusion of employees and racial and ethnic minorities on corporate boards, nonprofit boards are largely left out of these debates. The Article introduces the concept of board capital, which originated from the for-profit management literature, but has gained a stronghold in …


Traveling Judges, Alyssa S. King, Pamela K. Bookman Jan 2022

Traveling Judges, Alyssa S. King, Pamela K. Bookman

Faculty Scholarship

Around the world, domestic courts focused on commercial disputes hire foreign judges. The practice seems to resemble arbitration, but is also rooted in colonialism. These traveling judges are predominantly retired English judges hired by small, market-dominant jurisdictions, like Hong Kong or Dubai. The judges’ identities reveal efforts to harness business preferences for English common law into domestic court systems. While judges aspire to spread the rule of law, local politics may dictate these courts’ futures. This Article maps the practice of traveling judges and explores its implications.


Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe Jan 2022

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

No abstract provided.


Disclosures For Equity, Atinuke O. Adediran Jan 2022

Disclosures For Equity, Atinuke O. Adediran

Faculty Scholarship

This Article addresses how to increase funding to nonprofit organizations that are led by minorities or serve communities of color and how to hold corporations and private foundations who make public commitments to fund these organizations accountable for those commitments. The Article makes two policy recommendations to address these problems, while engaging with Supreme Court jurisprudence on mandatory disclosures to ensure that the proposals are narrowly tailored to institutional donors and include an opt-out provision so as not to chill the constitutional protection of the freedom of association. The first is for charities to publicly disclose their institutional donors in …


Negotiating Status: Pro Bono Partners And Counsels In Large Law Firms, Atinuke O. Adediran Jan 2022

Negotiating Status: Pro Bono Partners And Counsels In Large Law Firms, Atinuke O. Adediran

Faculty Scholarship

Law firm pro bono work provides access to justice to low-income people and other vulnerable populations. The professionals that manage pro bono programs are at the forefront of that process. The limited available research on these professionals do not often distinguish lawyers from other managers or theorize about their status vis-à-vis other law firm lawyers. Yet the status of lawyers who are also managers of pro bono programs influences both their identities and the management and provision of legal services and advocacy. Drawing on original demographic and interview data, this article shows how law firm pro bono partners and counsels …


Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe Jan 2022

Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …


Third Housing Company, Inc. V. Donnelly Dec 2021

Third Housing Company, Inc. V. Donnelly

All Decisions

No abstract provided.


Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich Oct 2021

Corporate Law's Forgotten Constituents: Reimagining Corporate Lawyering In Routine Business Contexts, Melissa E. Romanovich

Fordham Law Review

Although they are artificial entities, corporations are operated, managed, and represented by people. Sometimes, these people have personal interests at stake—interests that are separate and distinct from the corporation’s interests and that arise from these people acting in their corporate roles. These personal interests and related potential liabilities range from employment concerns and civil liability to criminal prosecution and imprisonment. Until now, however, the law has determined that, in most situations, a corporation’s lawyer neither represents the corporation’s constituents nor their personal interests. The corporate lawyer, therefore, has the challenging role of discharging the proper ethical and legal obligations to …


Decision In Art. 78 Proceeding - Valverde, John (2007-06-08) Sep 2021

Decision In Art. 78 Proceeding - Valverde, John (2007-06-08)

Decisions in Art. 78 Proceedings

No abstract provided.


Decision In Art. 78 Proceeding - Quartararo, Michael (1995-08-03) Sep 2021

Decision In Art. 78 Proceeding - Quartararo, Michael (1995-08-03)

Decisions in Art. 78 Proceedings

No abstract provided.


Art. 78 Petition - Fusl000019 (2020-02-05) Aug 2021

Art. 78 Petition - Fusl000019 (2020-02-05)

Art. 78 Petitions

No abstract provided.


Administrative Appeal Brief - Fusl000027 (2015-06-30) Aug 2021

Administrative Appeal Brief - Fusl000027 (2015-06-30)

Parole Administrative Appeal Briefs

No abstract provided.


Jones V. New York City Hous. Auth.: Managed By Borinquen Plaza I Houses Aug 2021

Jones V. New York City Hous. Auth.: Managed By Borinquen Plaza I Houses

All Decisions

In this illegal lock out case brought against NYCHA, the court declines to restore petitioner to possession. Here petitioner was the son of tenant of record who moved in to help his ailing mother over two years before the lock out occurred but never asked to be added to the household and “kept a low profile” although he did have limited interactions with NYCHA management. The court finds under recent AT, 2nd Dept caselaw that he lacks standing to be restored as a licencee, rejecting the HSTPA RPAPL 768 argument petitioner put forward.


Lendor V. Moussavi Aug 2021

Lendor V. Moussavi

All Decisions

In this harassment action commenced by the former superintendent of the building the court finds the petitioner has standing to commence the proceeding but dismisses the harassment claims finding in essence that the petitioner was not credible.


Jeremy Props. Lc V. Franklin Aug 2021

Jeremy Props. Lc V. Franklin

All Decisions

J. Capell finds respondent has a non-traditional familial relationship with tenant of record (now in nursing care) and grants succession rights. Nice case demonstrating a “mother-daughter like” relationship.


2114 Realty Llc V. Estate Of Sanabria Aug 2021

2114 Realty Llc V. Estate Of Sanabria

All Decisions

J. Slade grants landlord’s motion for use and occupancy pendente lite from the date oral application was made in this 2018 non payment proceeding. Here a succession claim was asserted. The court noted this is a pre-HSTPA case but given unique history (lengthy APS delays, landlord’s motion for discovery) and sets use and occupancy at one third of respondent’s social security check amount. Ed Josephson sent an e mail about this case’s significance when it was sent last week in the Slip Op format and provided a practice advisory regarding it as the court here indicates it has discretion outside …


517 W. 212th Street Ta V. Pecora Aug 2021

517 W. 212th Street Ta V. Pecora

All Decisions

The owner moved for a trial by jury in a contempt proceeding filed by the tenants. The Court denies the owner's motion in full and provides a detailed analysis of jury trials at the contempt stage of an HP proceeding.


11-15 New Montrose Ave Tenant Assn V. 11-15 New Montrose Ave Hdfc Jul 2021

11-15 New Montrose Ave Tenant Assn V. 11-15 New Montrose Ave Hdfc

All Decisions

J. Stoller denies petitioner’s application for adjournment of trial so that they can seek summary judgment on harassment claim. The court goes into the history of the modern housing court with trial and resolution parts and notes that two weeks were set aside for the trial of this matter and appears rather outraged that despite this the petitioners waited until the morning of trial to let the court know they were not ready for the trial. The court, finding them not ready to proceed dismisses harassment claim.