Digital Commons Network^™

The Independent Agency Myth, Neal Devins, David E. Lewis

Faculty Publications

Republicans and Democrats are fighting the wrong fight over independent agencies. Republicans are wrong to see independent agencies as anathema to hierarchical presidential control of the administrative state. Democrats are likewise wrong to reflexively defend independent agency expertise and influence. Supreme Court Justices also need to break free from this trap; the ongoing struggle over independent agencies should be about facts, not partisan rhetoric.

This Article seeks to reframe the fight over independent agencies. By surveying executive branch and independent agency department heads and supervisors during the Obama (2014) and Trump (2020) administrations, we have assembled unique and expansive data …

No Right To Life: Lives Lost And The Legalized Violence That Shaped A Humanitarian Crisis In The Arizona Borderlands, Madeline Brashear Jd, Sarah Diaz Jd, Llm

Center for the Human Rights of Children

No abstract provided.

Advocate, Fall 2023, Office Of Development And Alumni Affairs, University Of San Diego School Of Law

Advocate

No abstract provided.

Affect Theory, The Perceived Impact Of Judicial Diversity, And The Gender Pay Gap In The Irish Legal Profession, Caoimhe Kiernan

Books/Book Chapters

This chapter investigates how affect theory can be used as a framework when examining judicial diversity, along with how affect theory can be used to help explore the impact of increasing gender diversity on the Irish bench. This chapter will first examine the current gender pay gap in the Irish legal profession, the status of women in Ireland throughout the 20th Century, recount the women’s movement of the 1960’s and 1970’s and discuss the appointment of the first women judges to Irish courts. Affect theory will then be explored, including how affect theory can be applied as a framework when …

The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman

University of Miami Law Review

The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …

Pimor Associates Llc V. Delvalle

All Decisions

Landlord filed holdover proceeding based on noise nuisance and alleged late rent payments. During trial, landlord issued rent demand contradicting initial termination notice. Court found termination notice vitiated and dismissed holdover without prejudice, as a proceeding cannot be based on both termination and rent demand simultaneously. Key legal point: a holdover proceeding must have a clear and unequivocal predicate notice, and issuing a subsequent notice that contradicts the initial notice can render it ambiguous and lead to dismissal.

The Link October 31, 2023, Access To Justice Institute

The Link Newsletter

No abstract provided.

Class Notes

DePaul Magazine

DePaul alumni share news about their promotions, career moves, weddings, birth announcements, other accomplishments and more with the DePaul community.

Lessons As A Prevention Intern: Eliminating Sexual Violence Through School-Based Programs, Emily Spalding, Dawn M. Salgado

International Journal of Undergraduate Research and Creative Activities

Every 73 seconds another person in America is sexually assaulted. For my senior practicum, I worked at Sexual Assault Resource Center, which provides advocacy and support services, including crisis intervention and counseling, for survivors of sexual violence. My goals for my time with SARC included developing knowledge and skills related to being a trauma therapist, learning about how a nonprofit operates, and gaining an understanding of sex education and sexual violence prevention programs. As a Sexual Assault Advocate and Education and Prevention Intern at SARC, my primary responsibilities involved engaging in community outreach events, delivering educational workshops, and presenting prevention …

Richer V. Mignott Et Al.

All Decisions

In this holdover proceeding, the tenant moved for dismissal of the petition, arguing that the landlord failed to properly terminate the tenancy. The dispute centered around the interpretation of RPL 232-a, with the tenant contending that the termination notice must coincide with the expiration of the lease term. The court agreed with the tenant, emphasizing that in the absence of a defined term contract, a month-to-month tenancy is typically understood to follow a calendar month cycle. Despite the landlord's argument based on the amended RPL 232-a, the court concluded that the most reasonable interpretation, based on the parties' behavior and …

The United States Must Do More To Protect Immigrants From Legal Fraud, Olivia Hendelman

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Earlier this month, counsel for Fareed Heera filed a complaint seeking review of his permanent residence (i.e. green card) application, on the grounds that Heera was victimized by his attorneys. The federal government denied Heera’s application due to fraud and misrepresentation. Heera’s counsel argues that law firms deceived Heera on two separate occasions when they filed petitions containing factual misrepresentations of which Heera was not aware. The complaint further explains that Heera did not intend to commit fraud by using misrepresentations; rather, he was preyed upon when relying on his attorneys to navigate a legal process unfamiliar to him. Ultimately, …

Canadian “Dreamers”: Access To Post-Secondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

Osgoode Hall Law Journal

Youth with precarious legal status (PLS) in several provinces are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for post-secondary education are highly constrained. This article sets out an argument for expanding post-secondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program.” The article considers possible legal impediments to the establishment of such programs, including offences under Canadian immigration legislation, and argues that charges against post-secondary institutions …

New York Law School Shares Experiential Learning Expertise With Delegation From The Philippines, Julia Sonenshein

NYLS Community News

No abstract provided.

Spartan Daily, October 25, 2023, San Jose State University, School Of Journalism And Mass Communications

Spartan Daily, 2023

Volume 161, Issue 28

Documents From The October 25, 2023 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes from the October 25, 2023 meeting of the Associated Students of the University of Montana (ASUM). The following resolutions were discussed during the meeting:

SB10-23/24: Resolution Generally Revising Article IV, Section 4 of the Bylaws

Documents From The October, 25, 2023 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes from the October 25, 2023 meeting of the Associated Students of the University of Montana (ASUM). The following resolutions were discussed during the meeting:

Resolution Generally Revising Article IV, Section 4 of the Bylaws

Hillside Park 168 Llc V. Zepeda

All Decisions

In this holdover proceeding the landlord sought post-litigation rent and use and occupancy from the tenant. However, the tenant argued for dismissal, asserting mootness due to vacating the premises and the absence of a current lease. The court denied the landlord's motion, considering that since the tenant no longer resided in the premises, a summary proceeding for rent was not appropriate. The court granted the tenant's cross-motion to dismiss the petition, allowing the landlord to apply for a default warrant against the remaining occupants. Key legal point: A summary proceeding for rent is not appropriate against a tenant who no …

1409-1415 St. Johns Place, Llc V. Callendar

All Decisions

In this holdover proceeding in a rent-stabilized housing unit, the landlord sought possession based on allegations of nuisance. However, the court granted the tenant's motion for summary judgment and dismissed the petition due to deficiencies in the predicate notice, which failed to specify the statutory authority for termination of tenancy as required by the Rent Stabilization Code. The court emphasized the importance of strict compliance with statutory requirements in summary proceedings and held that any defect in the predicate notices requires dismissal of the petition. Key legal point: Proper predicate notices, specifying the statutory authority for termination of tenancy, are …

Vol.51 N.13 October 19th 2023, Voice Media Ventures

Black Voice News

No abstract provided.

Lake Sutter Ave Corp V. Manning

All Decisions

In this case, petitioner landlord filed a holdover proceeding seeking possession of the premises and a money judgment. The court granted summary judgment in favor of the respondent, dismissing the proceeding due to petitioner's failure to comply with service requirements, specifically in serving the New York City Housing Authority (NYCHA) as required by the Williams Consent Decree. The court emphasized that proper service on NYCHA was essential, and the failure to do so deprived the court of jurisdiction over NYCHA, rendering the proceeding invalid. As a result, the respondent substantially won the case, and the petition was dismissed.

Brief Amicus Curiae Of The Bruderhof, Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Rehearing En Banc, Francesca Matozzo

Court Briefs

No. 22-30686
Damon Landor v. Louisiana Department of Corrections and Public Safety

Appeal from the United States District Court for the Middle District of Louisiana, No. 3:21-cv-733 The Honorable Shelly D. Dick, Chief Judge

From the Summary of the Argument

The Fifth Circuit should rehear en banc the panel decision in this case because it presents a “question of exceptional importance” under Fed. R. App. P. 35: whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) authorizes monetary damages. This issue is exceptionally important for two reasons.

Ethical Lawyering: The Role Of Honor, Conscience, And Codes, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Can They Handle The Truth? Teaching Law Students Ethics During A Time Of A Societal And Generational Divide, Michele N. Struffolino

St. Mary's Journal on Legal Malpractice & Ethics

Today’s law students and aspiring law students will enter law school having been bombarded with the message that they, as members of the voting public, are victims of “The Big Lie.” They likely also know that “The Big Lie” story consistently sent by politicians, activists, and others through all forms of informational outlets, including traditional and nontraditional media sources, has been found to be unsupported by facts. For legal educators, this is particularly concerning because many of those sending and supporting “The Big Lie” story are lawyers. Aspiring lawyers are left with the impression that zealous representation is relatively boundless …

Mitigation Reports In Capital Cases: Legal And Ethical Issues, Russell Stetler, W. Bradley Wendel

St. Mary's Journal on Legal Malpractice & Ethics

The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established federal law, as well as an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors …

The Link October 17, 2023, Access To Justice Institute

The Link Newsletter

No abstract provided.

Bam Go Lihtc Llc V. Oquendo

All Decisions

Landlord brought a holdover proceeding against tenant for violating a probationary stipulation that required tenant to refrain from smoking, making significant noise, and being aggressive with other residents or building staff. The court found in favor of landlord and granted a conditional stay of eviction, requiring tenant to pay ongoing use and occupancy fees and continue complying with the stipulation. Landlord may proceed with eviction upon default of rent payment or further violation of the stipulation. Key Legal Points: Court found credible testimony of two neighbors sufficient to support landlord's position; standard for enforcing a stipulation is lower than standard …

600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp

All Decisions

The tenant association and tenants sued the landlord for rent overcharges, fraudulent initial leases with inflated rents, and housing violations. The court previously granted summary judgment for the tenants on the overcharge and fraudulent lease claims. This is a post-judgment report recommending the court confirm its findings that the landlord willfully overcharged rent, issued illegal fraudulent leases requiring rent freezes, and that the tenants are entitled to recover damages, penalties, and attorneys' fees to be determined.

Administrators

Catholic University Law Review

No abstract provided.

Luz Paulino-Santos, Michael Ring, Betty Vega, And New York Integrated Network, Plaintiffs, V. Metropolitan Transit Authority, New York City Transit, John Lieber, And Richard Davey. Defendants. [Memorandum Of Law In Opposition To Defendants’ Motion To Dismiss The Complaint], New York Law School

Briefs/Court Filings

No abstract provided.

Tzifil Realty Corp. V. Mazrekaj

All Decisions

Landlord filed a holdover proceeding after tenant's lease expired. Tenant vacated the premises. Landlord sought use and occupancy, arguing unjust enrichment. Court denied motion, finding landlord had already accepted possession and monetary judgment could not be awarded without possessory judgment. Court also denied landlord's motion for sanctions against tenant's counsel for allegedly frivolous conduct.