Digital Commons Network^™

Sales V. Justiniano

All Decisions

In this case, tenants sought declaratory relief and damages due to violations of the certificate of occupancy and rent-impairing violations. The landlord's motion to dismiss the case based on improper service was denied after the court found proper service had been completed. Additionally, a preliminary injunction was granted, requiring the landlord to address repair violations and stop refusing to schedule necessary repairs. The judge showed strong support for the tenants' claims of unsafe living conditions.

A Distinctive Court: A Glimpse Into The History And Significance Of The D.C. Circuit, Hon. J. Michelle Childs, James J. Brudney

Jurist in Residence Lectures

In her lecture, Judge J. Michelle Childs discusses the unique nature of the docket of the United States Court of Appeals for the District of Columbia Circuit, highlighting its collegiality as well as its role in addressing issues of national significance, particularly in administrative cases and those involving the scope of governmental power.

Mtglq Invs., Lp V. Mendoza

All Decisions

In this post-foreclosure holdover proceeding, the tenant moved to dismiss the petition based on the use of an outdated predicate notice. The petitioner, MTGLQ Investors, admitted to a filing error and cross-moved to amend the petition, submitting the correct notice of service. The court, under CPLR §2001, allowed the petitioner to correct the error and deemed the correct notice served nunc pro tunc, denying the tenant's motion to dismiss. The tenant's motion to file an answer was granted, and the matter was scheduled for trial.

Evans V. Nfojoh

All Decisions

The landlord commenced a no-grounds holdover proceeding against the tenant after the expiration of the lease. The tenant moved to dismiss based on ambiguous language in the 90-day termination notice, arguing it was contradictory. The court denied the motion to dismiss, granted the landlord's motion for summary judgment, and awarded a judgment of possession. The tenant's retaliatory eviction defense was rejected as the tenant had not made any formal complaints to a government agency.

Preparing For Election Disruptions In 2024, Norman J. Ornstein

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

The Electoral Count Reform Act In 2024, Adav Noti

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

The County Certification Problem, Jenny Gimian

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Litigating The 2024 Election, Richard Pildes

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

February 2025, Maloney Library, Fordham University School Of Law

Maloney Matters

No abstract provided.

1334 B Llc. V. Pritchard

All Decisions

In this holdover proceeding, the landlord erroneously alleged that the tenant, a rent-stabilized tenant, was a licensee. After sanctions were imposed against landlord's counsel, the landlord moved to discontinue the proceeding. The court granted the motion but also issued an Order to Correct outstanding housing code violations and permitted the tenant to amend their answer to include counterclaims, a significant victory for the tenant given the initial flawed legal position of the landlord.

Washtngton Heights West Harlem Hdfc V. Colon

All Decisions

In this nuisance holdover proceeding, the landlord moved to strike tenant's defenses and for a judgment of possession. The tenant cross-moved for summary judgment. The court dismissed the petition, finding that the predicate notice of termination was insufficient because it lacked the specificity required to establish nuisance as the ground for eviction. The court emphasized that the notice contained vague and conclusory allegations of anti-social behavior without providing specific dates, times, or descriptions of the alleged incidents.

Sin Hang Lau V. Yun He Zheng

All Decisions

In this holdover proceeding, the tenant moved to dismiss the landlord's petition for failing to comply with the pleading requirements of the Good Cause Eviction Law (GCEL), which requires landlords to plead "good cause" for eviction in certain circumstances. The landlord argued that the GCEL's pleading requirements did not apply because the proceeding was commenced before the relevant provisions of the law became effective. The court agreed with the landlord, finding that the proceeding commenced when the petition was filed, not when it was served. The court also granted the landlord's cross-motion to amend the petition to comply with the …

“Restating” The Record: Evaluating Ali’S Aided-By-Agency Disclaimer, Danielle Dascher

Staff Publications

No abstract provided.

“Fly Me To The Moon . . . & Back”: The Intricate Interplay Between Copyright Law And Space Law, Marco Franzoso

Fordham Intellectual Property, Media and Entertainment Law Journal

This research focuses on the intricate interplay between two branches of law: copyright and space law. Through various scenarios, some real and some hypothetical, it underlines the inefficacy of the terrestrial copyright principle, namely the lex loci protection, when applied to outer space endeavors. In outer space, the law where the infringement arises is useful only when the jurisdiction is clear, which is on board of registered space objects; however, that is not even the case for all space objects. On board poli-jurisdictional entities, such as the ISS, the lex loci protectionis fails to provide a clear legal framework, at …

Registry Systems As Gatekeepers: How Patent Registries Create Systemic Barriers To Innovation, Miriam Marcowitz-Bitton, Ori Sharon

Fordham Intellectual Property, Media and Entertainment Law Journal

Picture an inventor. Anyone at all. We bet you imagined a man, is that right? If you did, that’s not surprising—our study of over 140,000 patent applications reveals that three out of four patents name all-male inventors, and only three percent of patents represent the inventions of women-only teams. But this massive gender gap is not just about who chooses to invent—it’s about who gets to protect their innovations through the patent system.

This Article presents groundbreaking evidence that women face systemic barriers in securing patents, even when they clear the hurdles to become inventors. Drawing on an unprecedented dataset …

Stopping The Spread Of The World's Oldest Hatred - What U.S. Sports Stakeholders Can Do To Combat Antisemitism, Mark Conrad

Fordham Intellectual Property, Media and Entertainment Law Journal

The consistent rise in reported acts of antisemitism in the United States over the last decade has prompted debate about strategies to combat this age-old menace. The Hamas attack on Israel and the subsequent Israeli military response in Gaza has exacerbated this trend. Many have debated ways to confront the issue, including informing the public about the magnitude of the problem and finding policies to reduce incidents of antisemitism. The sports industry could help in this quest. Because millions of people follow professional, college, high school, and Olympic sports, organizations and individual athletes could participate in activities designed …

Cell Phones Are Not Suitcases: Today's Reasonable Application Of The Border Search Exception, Philetus Holt

Fordham Urban Law Journal

No abstract provided.

A “City Too Busy To Care”: Historic Resource Policy, The 1996 Summer Olympics In Atlanta, And The Production Of Space, Sean Seiler, Thomas Baker Iii

Fordham Urban Law Journal

No abstract provided.

Municipal Regulation Of Food Vendors In A Time Of Crisis: The Case Of New York City, Alexandra Potamianos

Fordham Urban Law Journal

No abstract provided.

Jockeying For The Reigns Of Our National Banking System: Florida “Fair Access” “Anti-Esg” Legislation Saddles Federal Regulators And National Banks With Preemption Fight, Meghan Mcalary

Fordham Urban Law Journal

No abstract provided.

Integrating Healing Justice Into Worker Cooperative Counseling, Julian M. Hill

Fordham Urban Law Journal

No abstract provided.

Within The Law, Beyond Exploitation: The Evolution Of Immigrant Worker Cooperatives, Carrie Hempel, Gowri J. Krishna

Fordham Urban Law Journal

No abstract provided.

Rehabilitating Compassionate Release: An "Extraordinary And Compelling" Case For Increased Judicial Discretion, Sami P. Chahi

Fordham Urban Law Journal

No abstract provided.

The Expansion Of Criminal Legal Systems Through Traffic Enforcement: A Lost History, Jordan Blair Woods

Fordham Urban Law Journal

No abstract provided.

Restoring Choice: How Missouri’S Amendment Rebuilds Abortion Rights Beyond Roe And Casey, Emily Sadutto

Fordham Urban Law Journal

No abstract provided.

Lost In The Department Of Education Layoffs: Who’S Accountable Post-Covid-19 For Students With Disabilities?, Sally Terry Green

Fordham Urban Law Journal

No abstract provided.

Reimagining Employment Discrimination Under Title Vii: National Origin And Immigration Status After Bostock, Pierina Hernandez Luperdi

Fordham Urban Law Journal

No abstract provided.

Common Law, Civil Law, And Supranational Law: Clashes Of Interpretation, Andrea Pin

Fordham International Law Journal

No abstract provided.

Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act, Matthew Gawley

Fordham Environmental Law Review

This paper explores the critical need for robust Congressional action to regulate sulfur hexafluoride (SF6), a greenhouse gas with a global warming potential more than 20,000 times greater than carbon dioxide. Recent Supreme Court decisions––in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo––to restrict EPA authority and end the Chevron doctrine have curtailed federal environmental agencies’ regulatory authority, shifting the responsibility for addressing major environmental challenges back to Congress. Despite being addressed under Title I of the Clean Air Act (CAA) through the 2022 Inflation Reduction Act (IRA), current SF6 regulations prove grossly inadequate. The utilities industry––the largest …

Navigating The Legal Risk Universities’ Healthcare Providers Potentially Face From Medical Decisions Impacting Collegiate Athletes’ Future Nil Income While Following The Ncaa’S Mental Health Best Practices, Kenneth D. Ferguson

Fordham Law Review

No abstract provided.