Digital Commons Network^™

43-09 47th Ave. Llc V. Santiago

All Decisions

In this nonpayment proceeding against a rent-stabilized tenant, the tenant moved for a stay pursuant to RPAPL § 755 due to a vacate order issued by the Department of Housing Preservation and Development after a fire in the building. The court granted the tenant's motion, holding that the vacate order constructively evicted the tenant, triggering RPAPL § 755(1)(a). Contrary to the landlord's argument, the court ruled that the tenant was not required to deposit all rent arrears under RPAPL § 755(2), but only the monthly rent. The court directed the tenant to pay the $1 monthly rent set by DHCR …

"The Very Finest Place On Earth": Governor Leroy Collins And The Promise Of Opportunity, George B. Crawford

Florida Historical Quarterly

LeRoy Collins' tenure as Governor of Florida (1955-1961) has drawn substantial attention from successive generations ofhistorians and journalists. Most studies of his leadership emphasize his efforts to push for a revision of the state's 1885 Constitution, give urban residents an equitable voice in the legislature and, eventually, reject racial subordination. These appraisals also accent his implementation of improvements in the administration of state government. Collins' success in winning the office with votes from city residents and, gradually, Black Floridians presaged a revolution in the exercise of political power in the state. The combined emergence of these constituencies would make possible …

Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman

The Scholar: St. Mary's Law Review on Race and Social Justice

Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.

Consequently, the legal profession must …

140-60 Beech, Llc V. Madan

All Decisions

In a Holdover-Breach of Lease case in the Civil Court of the City of New York, Queens County, 140-60 Beech, LLC sought to enforce a provision in the lease requiring air conditioning units to be installed in a wall sleeve rather than a window. The tenant argued that the landlord waived its right to enforce this provision by allowing the window unit for nearly 25 years. The court agreed with the tenant, finding that the landlord's inaction constituted a waiver of its right to enforce the provision. The court granted the tenant's motion for partial summary judgment, dismissing the petition …

Vol.51 N.34 March 14th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

Signs, Gateways, And Landscaping … Oh My!, George Mccue, Dimas Prasetya

Purdue Road School

Cities and towns want to welcome highway travelers with gateway signs or aesthetics. Whether that’s part of a road project or a standalone proposal, a key to proper planning is understanding safety-based limitations on what can be placed on state ROW and where. Even off- ROW, there are laws governing nearby visible signage. We’ll cover INDOT’s Public Art and Landscaping Policy, FHWA’s role, and the federal Highway Beautification Act.

Introduction: Medical-Legal Partnerships: Equity, Evolution, And Evaluation., Katherine L. Kraschel, James Bhandary-Alexander, Yael Z. Cannon, Vicki W. Girard, Abbe R. Gluck, Jennifer L. Huer, Medha D. Makhlouf

Faculty Scholarly Works

The COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding.

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.

Duty-Preserving Tort Rules As An “Old Category” For Justifying The Loss-Of-Chance Doctrine In Medical Malpractice Cases, Mark A. Geistfeld

DePaul Law Review

No abstract provided.

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 …

Addressing Service Gaps For Underserved Populations Of Gender-Based Violence: Insights From A Midwestern State Needs Assessment Survey, Ziwei Qi, Annalise Loucks, Suzanna Schneider

SACAD: Scholarly Activities

Abstract:

Understanding the prevalence and service needs of underserved populations affected by gender-based violence (GBV) is crucial, as their experiences are often underreported, and existing services frequently fall short of effectively addressing their needs. In this presentation, "underserved populations" refers to historically marginalized, underrepresented, and inadequately supported groups as victims of GBV.

The presentation examines various services, including direct forms like shelter and advocacy, and indirect approaches such as systemic interventions and policy reform. Conducted in a Midwestern state, the presentation involved insights from advocates, victim shelter staff, law enforcement, and legal professionals, totaling 41 responses. Findings reveal significant service …

Robert Wharton V. Superintendent Graterford Sci

2024 Decisions

USDC for the Eastern District of Pennsylvania

“I Wish I Knew How It Would Feel To Be Free”: A Lamentation On Dobbs V. Jackson’S Pernicious Impact On The Lives And Liberty Of Women, April L. Cherry

Cleveland State Law Review

On June 24, 2022, the Supreme Court overturned nearly fifty years of precedent when it declared in Dobbs v. Jackson Women’s Health Organization that abortion was not a fundamental right, and therefore it was not protected by the Fourteenth Amendment and substantive due process. In law school corridors and legal scholar circles, discussion of the Court’s evisceration of abortion rights focused on the corresponding changes in Fourteenth Amendment jurisprudence and the Court’s outright dismissal of stare decisis. But in homes, hospitals, community centers, and workplaces, different conversations were happening. Conversations, mostly had by women, concerned the real-life consequences of overturning …

Tatum V. Jack

All Decisions

In a non-payment proceeding before the Civil Court of the City of New York, Kings County, Judge Karen May Bacdayan granted the landlord's motion to vacate a stipulation of settlement entered into between the parties. The court found that although there was no clear evidence of mutual mistake at the time of the stipulation, there existed a material error that warranted vacating the agreement. Key legal points include the court's discretionary power to relieve a party of an agreement if it can be shown that the mistake is substantial and that vacatur is necessary to prevent unjust enrichment. Additionally, the …

Vol.51 N.33 March 7th 2024, Voice Media Ventures

Black Voice News

No abstract provided.

Gibbs V. State [State Of Nevada], 140 Nev. Adv. Op. 13. 543 P.3d 1185 (Mar. 7, 2024), Weston T. Robinson

Nevada Supreme Court Summaries

Absent additional evidence of waiver, a defendant does not waive his attorney-client privilege even when he makes phone calls during pretrial detention that are in violation of detention center phone use policy and uses a three-way phone service to connect to his defense investigator. Though district courts use discretion in admitting or denying evidence, these uses of discretion can be reviewed on appeal, and reversed if not harmless.

Criminal Justice Roundtable | Solitary Confinement: Cruel And Unusual Punishment, Criminal Justice Institute

Criminal Justice Institute

March 6, 2024

The Link March 5, 2024, Access To Justice Institute

The Link Newsletter

No abstract provided.

How To Keep Youth Out Of Trafficking, Taylor Baierlein

National Youth Advocacy & Resilience Conference

There are more children in slavery today, more than any other time in history because of how lucrative and fast-growing the human trafficking industry has become. Many people do not realize that this is happening in their own backyards. I will be raising awareness, teaching preventative strategies, and giving tools to support the youth in your life.

Making A Life In America With Help From Nyls Faculty And The Safe Passage Project, Julia Sonenshein

NYLS Community News

No abstract provided.

Positive Liberty, Negative Liberty, And Marketing Regulations: A Holistic Analysis, Tony Yan, Michael R. Hyman

Global Business Leadership Faculty Publications

Marketing regulations are warranted when unfettered marketing practices compromise many people's positive and negative liberties. We elucidate these liberties’ multifaceted but interdependent connotations for societally justified marketing regulations from a novel framework integrating the social sciences, philosophy, history, and marketing. The limitations of unbalanced or less represented market or government regulation notwithstanding, overcoming marketing imbalances and enhancing personal and societal liberties via pluralistic, well-designed, enforceable, and multilateral regulations can advance a pluralistic democracy's diverse market-related interests. By informing companies and consumers about societally responsible liberties, well-regulated marketing can spur common goods creation.

Reviewing School District And Caregiver Engagement: Toward Building Capacity To Serve English Learners, Emily Howell, Rebecca Kaminski, Tobi Pirolla

Publications

The authors conducted a comprehensive literature review of school district partnerships with caregivers of ELs to inform this project design. This literature review addresses the following research question: What are the needs of caregivers of ELs in K-12 schools, and how are school partnerships supporting these caregivers? This literature review will address these gaps and overcoming EL caregiver underrepresentation by discussing seven focused and three theoretical codes drawn from a comprehensive review of 21 articles.

Forced Back Into The Lion's Mouth: Per Se Reporting Requirements In U.S. Asylum Law, Amelia S. Mcgowan

Marquette Law Review

This Article makes a significant contribution to scholarship on asylum

law by identifying and calling for the abolition of a deadly (but unexplored)

development in asylum law: per se reporting requirements. In jurisdictions

where they apply, per se reporting requirements automatically bar protection

to asylum seekers solely because they did not report their non-state persecutors

(such as cartels or domestic abusers) to the authorities before fleeing, even

where reporting would have been futile or dangerous. These requirements

similarly provide no exception where law enforcement openly support an

applicant’s persecutor.

This Article demonstrates that even though per se reporting requirements

have …

The State Where Sex Is Everywhere, Yet Is Still A Sin On The Books: Why Prostitution Should Be Decriminalized In Nevada, Madison Johnson

UNLV Gaming Law Journal

No abstract provided.

Private Equity Investment And The Corporate Practice Of Medicine In North Carolina, Wright W. Crawford

North Carolina Banking Institute

No abstract provided.

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Is The Statutory 60-Day Deadline For Filing A Petition For Review Of A Final Mspb Order Jurisdictional?, Anne Marie Lofaso

Law Faculty Scholarship

Case at a Glance: The Department of Defense (DOD) furloughed employee Stuart R. Harrow in 2013. Harrow timely challenged DOD’s decision before an administrative judge, who affirmed it. Harrow timely appealed the judge’s decision to the Merit System Protection Board (MSPB or “Board”), which could not act on the appeal for over five years because it lacked a quorum. On May 11, 2022, the MSPB issued a final order, affirming the judge’s decision. However, Harrow did not learn of the decision until August 30. Harrow promptly filed a petition to review the Board’s order with the Federal Circuit, which denied …

Momentum: Experiential And Public Service Learning At Mercer Law School At The 150th Anniversary And Beyond, Sarah Gerwig

Mercer Law Review

In this, the 150th year since Mercer University opened the doors of its fledgling law school, it is good to reflect. We reflect on who we are, where we came from, where we want to be in 2173, if law school and the law and humankind still exist 150 years from now.

Law school faculty and administration often describe our students’ ethic of public service; 1Ls (as we call them with affection) often arrive eager for opportunities to help others—and help they do. Almost every student-led organization spearheads generous annual volunteer projects, including coordinating backpack donation drives, providing holiday presents …

Nudging Improvements To The Family Regulation System, Josh Gupta-Kagan

University of Chicago Law Review

The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.

But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …

Consumer Law For Gen Z Law Students, Neil Sobol

Faculty Scholarship

Whether they are consumers, representing consumers, or advising clients dealing with consumers, law school graduates will inevitably confront numerous consumer law issues. Moreover, most students entering law school are members of Generation Z and face a new wave of consumer laws arising from the 2007–2009 recession and the rapid growth of new technologies. Clickwrap agreements, email spoofing, cybercrimes, cryptocurrencies, fintech, identity theft, online disparagement, data privacy, artificial intelligence, robocalling, and autonomous vehicles are among the evolving topics in modern consumer law. Despite the growth in consumer law concerns, many law students have limited access to consumer law options, with almost …