Digital Commons Network^™

Slaughter, The Symmetry Rule, And What The Decision Of 1789 Actually Decided, Jane Manners, Lev Menand

Faculty Scholarship

No abstract provided.

International Law And The Defense Of Political Prisoners And Prisoners Of Conscience, Judith Abitan

Fordham International Law Journal

The international community continues to witness a concerning trend of political repression and unjust incarceration of dissidents, including political opposition members, activists, intellectuals, academics, journalists, and human rights defenders. From authoritarian regimes to democratic nations, the suppression of dissenting voices has become prevalent. As fundamental rights and freedoms are increasingly violated, the strengthening and enforcement of international legal frameworks become even more essential to sustain the rules-based international order. Against the backdrop of geopolitical tensions, shifting power dynamics, and evolving interpretations of sovereignty, the examination of international legal instruments and mechanisms becomes not only a matter of scholarly inquiry but …

Due Diligence In Global Supply Chains: The Troubled Journey Of The Eu Legislation And The Global Perspective, Fabrizio Cafaggi, Federico Pistelli

Fordham International Law Journal

No abstract provided.

The Wto Is Dead, Long Live The Wto: The Lingering Interpretive Problem Of Article 27.1 Of The Trips Agreement, Faisal Chaudhry

Fordham International Law Journal

No abstract provided.

Allies As Collateral: U.S. Economic Warfare And The Erosion Of Allied Autonomy, Julien Chaisse

Fordham International Law Journal

No abstract provided.

A Council Of Europe Tribunal To Prosecute Putin For The Crime Of Aggression In Ukraine, Erin A. Kenny

Fordham International Law Journal

No abstract provided.

Encryption And Globalization 15 Years Later: End-To-End Encryption And The Third Round Of The "Going Dark" Debate, Peter Swire, Kenesa Ahmad, Michael Specter

Fordham International Law Journal

No abstract provided.

Considering Humanity: How The Martens Clause Implies A Legal Obligation To Conduct Risk Analysis In Decisions Regarding The Actual Or Threatened Use Of Nuclear Weapons, Emily Jones

Fordham International Law Journal

No abstract provided.

Inadequate Control: International Law And Principles Applicable To Address Nuclear Weapon Security, Chloe Scaglione Radtke

Fordham International Law Journal

No abstract provided.

Ex Ante, Ex Post, Or A Combo Of Both? A Comparative Analysis Of Biometric Artificial Intelligence Across The Atlantic & The Self-Regulatory Solution, Ariana Tagavi

Fordham International Law Journal

No abstract provided.

Why Are Executions Becoming Crueler?, Deborah W. Denno

Faculty Scholarship

Since the modern death penalty era, this country’s six execution methods have become crueler over time. This article details the execution procedures adopted across death penalty states up to the end of 2025, analyzing their societal and cultural underpinnings and explaining how they were implemented, including their shared flaws, unscientific origins and protocols, and reliance on untrained, unqualified, or unknown executioners. While legislatures and courts claim that states move from one technique to the next to enhance greater humaneness, history shows that such switches are primarily propelled by constitutional challenges to a state’s particular technique. In theory, rendering a state’s …

The Surveillance Of System-Adjacent Individuals, Mariam A. Hinds

Faculty Scholarship

Although the Fourth Amendment protects against “unreasonable searches and seizures,” this right is not enjoyed by all people equally. Supreme Court jurisprudence has curtailed the Fourth Amendment privacy rights of individuals under probation or parole supervision. In this line of cases, the Court concluded that the government’s interest in monitoring supervisees, reducing recidivism, and promoting public safety outweighed their reasonable expectation of privacy.

However, surveillance mechanisms like probation and parole extend the criminal legal system’s carceral gaze beyond the supervisees and peer into the bedrooms and digital lives of their families, roommates, and communities, or who this Article calls system-adjacent …

The Destruction Of The Climate Spending State, Adam D. Orford

Faculty Scholarship

The Biden Administration bet big on spending laws to forward its climate policies, creating a novel “climate spending state”in a field previously approached primarily through regulation. But the second Trump Administration, building on an aggressive theory of Presidential power, with support from bicameral Congressional majorities and a sympathetic Supreme Court, has dismantled the climate spending state with startling ease and speed. Although degradation of the federal workforce and legislative alterations to the tax code have played their part, it is the Trump Administration’s refusal to administer the spending laws enacted by prior Congresses that has had the most disruptive and …

The International Order, International Law, And The Definition Of Security, Harlan G. Cohen

Faculty Scholarship

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This article argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of …

The Law Of For Cause Removal, Jane Manners, Lev Menand

Faculty Scholarship

For the first time in American history, the Supreme Court is poised to decide what it means for the president to remove a principal officer “for cause.” The case — which arises from the attempted removal of Lisa Cook, a member of the Board of Governors of the Federal Reserve System — has major implications for central bank independence in the United States and, more broadly, for the U.S. administrative state. But given how long it has been since such offices were formally contested, courts and commentators have forgotten many aspects of the legal tradition governing “for cause” removal. In …

The One-Stop-Shop Is One Step In The Right Direction, Olivier Sylvain

Faculty Scholarship

In Brokering Safety, Sharma, Kadri, and Adler urge federal policymakers to impose on data brokers the greater duty of policing and stemming online stalking, harassment, and related abuse; that burden should not fall to victims, they argue. Their proposal would close the unevenness among state laws, shift the burden of oversight away from victims, and, importantly, ensure accountability at a systemic level, addressing gaps in enforcement that allow brokers to evade meaningful consequences. Yet, the one-stop-shop solution that Brokering Safety proposes also accedes to the core neoliberal presumption insofar as it individualizes harm. Online abuse, like dark patterns and …

Silencing As Blackening, I. Bennett Capers

Faculty Scholarship

We are so accustomed to seeing defendants sit silently at criminal trials while their lawyers speak that we hardly question it. Or we tell ourselves this silence is for their own protection, part of their privilege against self-incrimination and the rules we have created for their own benefit. But what if we've gotten everything wrong? What if encouraging defendants to remain silent does not inure to their benefit at all, but to the State's? And what if this silencing is tied to race? "Silencing as Blackening" tells a fuller story about silent defendants. One, that this silence is rarely voluntary, …

Boston Road Hdfc, Inc. V. Santiago

All Decisions

In this nonpayment proceeding concerning a Project Based Section 8 apartment, the tenant moved to dismiss the petition, arguing the predicate rent demand was defective for failing to provide a good faith approximation of rent due. The landlord's rent demand included a significant lump-sum charge without detailing the specific months, amounts, or breakdown of purported arrears. The court found that the rent demand was indeed defective as it did not sufficiently identify when the arrears accrued, the specific monthly charges, or confirm if non-rent charges were included. Consequently, the court granted the tenant's motion, dismissing the proceeding under CPLR 3211(a)(7) …

Foxwood Realty Llc V. New York State Division Of Housing And Community Renewal

All Decisions

The landlord initiated an Article 78 proceeding to challenge a DHCR order that granted the tenant's petition for administrative review, finding the tenant was entitled to a permanent preferential rent and overcharges. The court affirmed the DHCR's determination that the original lease's preferential rent clause was ambiguous, and this ambiguity should be construed against the landlord in favor of a permanent preferential rent. Deferring to DHCR's factual findings and credibility assessments, the court upheld that the preferential rent was permanent and that rent increases above Rent Guidelines Board adjustments constituted overcharges. The landlord's petition was denied, and the proceeding dismissed.

Caster V. Chelsea Hotel Owner, Llc

All Decisions

The Supreme Court granted the landlord's motion for summary judgment, dismissing the tenant's complaint. The tenant sued for breach of contract, seeking a leasehold in an adjacent unit, and for breach of the implied covenant of good faith and fair dealing. Both claims were dismissed due to the tenant's lack of evidentiary proof and the duplicative nature of the covenant claim. The tenant's harassment claim, based on alleged failure to repair and service disruptions, was barred by res judicata and collateral estoppel, as these issues were fully litigated as an affirmative defense in a prior non-payment action. The harassment claim …

Yorkville Plaza Assoc. Llc V. Guo

All Decisions

In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought to non-renew the tenant's month-to-month tenancy due to alleged nonpayment of rent under Real Property Law § 216(a)(i). The tenant moved to dismiss, arguing the absence of a formal lease and pleading defects. The landlord cross-moved to amend the petition. The court denied the tenant's motion, holding that RPL § 216(a)(i) does not mandate a formal rental agreement for non-renewal based on nonpayment, unlike summary nonpayment proceedings. The landlord's cross-motion to amend was granted. The court further clarified that "rent due and owing" under GCEL requires proof of …

Linden 305 Llc V. Miller

All Decisions

In this licensee holdover, the tenant moved to disqualify the landlord's counsel, arguing a conflict of interest because one of the firm's attorneys previously represented the tenant in a substantially related prior proceeding. The court found that a presumption of disqualification arose, but the landlord rebutted it by demonstrating that the attorney lived out of state, was not involved in the current proceeding, did not possess material information, and the firm had established an ethical wall. The court denied the tenant's motion but prohibited the firm from discussing the case with the attorney in question.

2075 Creston Ave. Realty Llc V. Colon

All Decisions

In this nonpayment proceeding, the court granted the tenant's motion to amend their pro-se answer, finding the proposed defenses were not "palpably insufficient or devoid of merit." The court also granted limited discovery for the tenant's rent overcharge claim. The court rejected the landlord's argument that the claim was time-barred, applying *Matter of West Pierre Assoc. LLC v Harvey* because the tenancy commenced post-HSTPA. A single unexplained rent increase was deemed sufficient to render the rent history unreliable, justifying discovery to determine the legal rent.

957 Park Avenue Llc V. Ordonez

All Decisions

The Appellate Term, First Department, affirmed a Civil Court final judgment awarding possession to the landlord in a holdover summary proceeding. The tenant, claiming succession rights as a non-traditional family member to a deceased rent-controlled tenant, failed to establish the requisite emotional and financial commitment and interdependence. The courts found the relationship was "one-sided," lacking mutual support as required by NY City Rent & Eviction Regs § 2204.6[d]. The decision highlights the high burden on a tenant seeking non-traditional family member succession, noting the trial court's warranted conclusion based on the asymmetric dynamic of the relationship.

Shoreview Holdings, Llc V. Fernandez

All Decisions

Landlord initiated a holdover proceeding, claiming exemption from GCEL as a "small landlord." Tenant moved to dismiss, arguing landlord's failure to comply with LLC law publication requirements, misdescription of premises, exceeding the "small landlord" unit count, and non-compliance of the predicate notice and petition with GCEL's ownership disclosure requirements. The court denied tenant's motion, ruling that late compliance with LLC law cures the defect, that premises description issues were amendable or triable, and that GCEL requires ownership disclosure in the petition (which can be amended) but not the predicate notice. The court granted landlord's motion to amend its affirmation and …

Fort Washington Intercontinental Associates, Llc V. Ramirez

All Decisions

In this nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition. The landlord sought to recover rent from a residential tenant, but the tenant successfully argued that the building was in violation of Multiple Dwelling Law §§ 301 and 302. Specifically, the court found that the landlord had converted formerly residential units on the first floor into commercial medical offices, a use inconsistent with the building's I-Card. The court held that such commercial use, when inconsistent with a building's certificate of occupancy or I-Card, bars a landlord from recovering rent from any residential tenants …

Reuven Holding, Ltd. V. Lopez

All Decisions

In this licensee holdover proceeding, the landlord obtained a judgment and warrant of eviction, leading to the tenant's eviction. The tenant subsequently filed a post-eviction Order to Show Cause seeking restoration, citing medical issues that impacted her ability to litigate and potential eligibility for HRA assistance. Balancing the equities, the court granted the tenant's motion under RPAPL § 749(3), ordering immediate restoration to possession. The re-execution of the warrant was stayed, conditioned upon the tenant's payment of stipulated rent arrears, plus marshal and legal fees, despite the landlord's strong objection.

470 Manhattan Ave. Llc. V Barboza

All Decisions

In this licensee holdover for an Interim Multiple Dwelling, the court granted the landlord's motion in its entirety. The tenant's personal jurisdiction defense was stricken because she asserted unrelated counterclaims for retaliatory eviction (inapplicable to non-tenants) and attorney's fees. The tenant's jury demand was also stricken, as the prior lease's jury waiver was a real covenant binding successors. The court granted discovery to the landlord regarding the tenant's succession defense and awarded ongoing use and occupancy under RPAPL § 745(2), finding landlord's good faith efforts to comply with Loft Law superseded the certificate of occupancy requirement. The tenant's cross-motion for …

Intercontinental St Nicholas Assoc. Llc V. Alvarado

All Decisions

In this nonpayment proceeding, the tenant moved to dismiss, arguing the landlord failed to obtain a valid certificate of occupancy (COO) after subdividing the apartment, violating Multiple Dwelling Law (MDL) § 301. The court found it undisputed that the apartment was altered requiring a new COO, which the landlord did not possess. Consequently, under MDL § 302(b), the landlord was barred from collecting rent for an apartment without a valid COO for the period of noncompliance. The court granted the tenant's motion, dismissing the nonpayment petition because the tenant has never lived in an apartment for which the landlord could …

395 East 151 St. Corp. V. Mhany Cluster Housing Development

All Decisions

In a rent-stabilized holdover for failure to sign a lease renewal, the court granted the occupant's motion to dismiss the petition against her (as "Jane Doe") for improper use of a pseudonym under CPLR 1024. The landlord claimed ignorance of her identity, but evidence showed it knew her name, having collected HRA payments on her behalf, and that she had interacted with management. The court denied the landlord's request to sua sponte join the occupant, finding her identity was known pre-commencement. The proceeding continues against the named tenant.