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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.

Are Service Designers Positioned To Design For Sustainability?, Kendon Jung, Mauricio Mejía

IASDR Conference Series

We have designed systems that influence the daily choices of 8 billion people and have brought our world to the brink of collapse as a result. In this context, designers, in general, have been concerned with sustainability for a long time. While the field has acknowledged that not only product design but also services and systems are spaces to address sustainability, much of the literature has centered on creating methods and tools. This work could be limited in preparing designers for action because prescriptive guides are rarely easy to implement in designing activities. Leveraging design to intentionally shift a linear …

Shadow Report Submissions And Updates Compiled By The International Human Rights Clinic At University Of Illinois Chicago School Of Law And Program On Human Rights And The Global Economy At Northeastern University School Of Law, Sarah A. Dávila Et Al.

Faculty White Papers

No abstract provided.

Restructuring The Constitution For Human Resilience, Martha T. Mccluskey

Contributions to Books

Published as Chapter 1 in Law, Vulnerability, and the Responsive State: Beyond Equality and Liberty, Martha Albertson Fineman & Laura Spitz, eds.

Mmu: 10/09/23–10/15/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Fiduciaries In Priest's Clothing: Clergy Sexual Abuse And Fiduciary Duty, Sebastian Richardson

Northwestern University Law Review

This Note argues that clergypersons who offer religious guidance are fiduciaries in some limited circumstances and therefore liable for sexual contact that occurs between them and congregants. This Note will argue that clergypersons are most properly deemed fiduciaries through a fact-based definitional approach. As such, this Note departs from previous arguments that clergypersons are fiduciaries because they provide services analogous to secular counselors. Prospective fiduciary relationships involving clergy should be analyzed using a distinct conceptual account of fiduciary relationships rather than an analogical analysis based on apparent similarities between a clergyperson and other fiduciaries. Such an approach is preferable to …

Building A Culture Of Scholarship With New Clinical Teachers By Writing About Social Justice Lawyering, Caroline Wick, Susan Bennett, Binny Miller, Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citalli Ochoa, Charles Ross, Anne Schaufele

Faculty Publications

This Article is a collection of essays about teaching social justice lawyering, as seen through the eyes of eight practitioners-in-residence in the clinical program at American University’s Washington College of Law (“WCL”). They include: Michelle Assad, Maria Dooner, Mariam Hinds, Jessica Millward, Citlalli Ochoa, Charles Ross, Anne Schaufele, and Caroline Wick. They teach in seven clinics, including the Civil Advocacy Clinic, the Criminal Justice Clinic, the Community Economic and Equity Development Clinic, the Disability Rights Law Clinic, the Immigrant Justice Clinic, the International Human Rights Law Clinic, and the Janet R. Spragens Federal Income Tax Clinic. We use the terms …

The Roll Of Offset In The Collection Of Federal Taxes, Keith Fogg

Florida Tax Review

The legal principle of offset has played a key role in debt collection by private parties for centuries. In 2021, offset continues to play an equally essential role in the United States government’s collection of debts owed to it, accounting for billions of dollars in funds taken from outgoing payments. The right of offset arises when two parties owe each other debts. The party asserting offset can subtract what is owed to them from what they owe, allowing the parties to avoid an unnecessary transaction. Offset thus makes intuitive sense, simplifying two payment flows into one. But offset becomes far …

Free Speech Forum Program | 2023, Jacksonville State University

News Articles & Documents

The Free Speech Forum was held 3 October 2023 from 6-8 p.m. at the Houston Cole Library. The event featured individuals with expertise in Constitutional Law, the history of Free Speech, and former policymakers who have actively participated in First Amendment issues. The featured topic was Free Speech as it applies in the general sense to all American citizens (students, staff, faculty, community members, etc.) and not exclusively to professors and academic freedom.

Panelists included W. Keith Watkins, Allen Linken, Luther Strange, and Bryan Fair. The panel was moderated by Lori Owens and Thomas Rains.

Video of the Forum

The Link October 3, 2023, Access To Justice Institute

The Link Newsletter

No abstract provided.

Renaisance Equity Holding Llc V. Ford

All Decisions

No abstract provided.

Strategic Plan For The Honors College At Marshall University, 2023, Honors College, Brian A. Hoey

Publications of the Honors College at Marshall University

Beginning with a consideration of our broader institutional and communal contexts and informed by wide-ranging internal and external data collection and analysis, the first five-year strategic plan of the Honors College at Marshall University sets overarching priorities and defined goals that together are intended to deepen community connections, expand recruitment efforts, support greater access and inclusion while increasing retention, develop a more engaging, flexible, and valuable curriculum, and through securing greater material and human resources, to raise the college’s ability to serve as an equal partner in the provision of service to other units on campus. Our overarching goal is …

The Quad (The 2023 Alumni Magazine), Southern Methodist University, Dedman School Of Law

The Quad (Law Alumni Magazine), 1988-present

• Celebrating 75 years of the SMU Dedman Law Clinical Program

• Raggio endowed lecture: A conversation with Amal Clooney

• Faculty spotlights on Professor Eric Ruben and Carla L. Reyes

• SMU Dedman Law Tax Program with impressive influence

Enforceability Of Exculpatory Clauses In Missouri, Samantha Cusumano

Law Student Works

Today, a vast majority of contracts signed by consumers contain provisions that release one or both of the parties from liability if personal injury occurs during the course of the contract. These provisions are referred to as liability waivers, exculpatory clauses, limitations of liability, or liability releases, and these terms are often used interchangeably within this pathfinder and in legal research relating to this topic. The effect of these provisions is that the signing party waives their right to file future claims against the other party in the event of injury or loss and relieves the drafting party of any …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Gold & Blue Law Edition, Fall 2023, St. Mary's University - San Antonio, Texas

Gold & Blue Law Edition

This is the Fall 2023 edition of Gold & Blue Law Edition which is St. Mary's University's official School of Law publication.

Gold & Blue, Fall 2023, St. Mary's University - San Antonio, Texas

Gold & Blue

This is the Fall 2023 edition of Gold & Blue which is St. Mary's University's official school publication.

From "Our Poor" To "Personal Responsibility": Changing Welfare Rhetoric In Political Party Platforms Of The Carolinas And The Nation, 1950-2005, Felicity N. Ropp

Senior Theses

In this thesis, I track political rhetoric surrounding poverty and welfare from 1950-2005. I first provide thorough context on the history of welfare policy in the United States and the way these issues were framed by politicians leading up to the period my data covers. My analysis centers on 108 political party platforms from the national Republican and Democratic parties and from state parties in North and South Carolina, ranging from 1950 to 2005 (31 of which I located in archives and manually digitized for the first time ever). I explain the significance of party platforms and review the literature …