Law Commons^™

Her Story: Ecuadorian Women In New York City, Benjamin Chambers

Capstones

My Capstone Project is an 80-photo reportage about women of Ecuadorian origin living in New York City, including text and video elements. The project is broken down into a general introduction; four photo stories each with captions and story text; and two videos. The project is entitled:

HER STORY: ECUADORIAN WOMEN IN NEW YORK CITY

https://www.chambersphotojournalist.com/capstone/

Kob-4 Interviews Serge Martinez: Landlords, Tenants Feel Impact Of State Eviction Moratorium, Serge A. Martinez

Faculty Scholarship

"A lot of folks in New Mexico have month-to-month leases that come up for renewal every 30 days or so, and even folks that have longer leases, it's been nine months since the Supreme Court issues their order so a large percentage of leases in New Mexico have come up for renewal in that time period,” said Serge Martinez, a professor at UNM School of Law.

View story at KOB-4

A Crisis Within A Crisis: Nyc Landlords Ramp Up Harassment Of Vulnerable Tenants In Wake Of Pandemic, Joseph A. Jungermann Iii

Capstones

Already burdened with more sickness and death during the pandemic than other New Yorkers, low-income tenants and tenants of color are particularly vulnerable to additional harassment by landlords who seek to take advantage of the city's health and financial crisis to force them out. Brooklyn residents Delene Ahye, Dexter Lendor and Sonny Singh tell stories of their landlord, landlord agents and building manager’s harassment, which began during the pandemic’s most dangerous spikes in New York City. These forms of harassment included intimidation, abusive construction, constant buyout offers and biometrics and surveillance technology.

Link to capstone project: https://joseph-jungermann.medium.com/a-crisis-within-a-crisis-nyc-landlords-ramp-up-harassment-of-vulnerable-tenants-in-wake-of-e09d67968208

Mayoral Candidates Scott Stringer, Eric Adams Travel Different Roads On Police Reform, Ryan Songalia

Capstones

Police reform is likely to be among the most consequential issues in the 2021 New York City Mayoral Democratic Primary and general election. Two of the leading candidates, Eric Adams and Scott Stringer, have long records to dissect on the issue.

Federation Divided, Max M. Balton

Capstones

At the start of the 2020 school year, a lack of covid safety plans led teachers like Rosy Clark to protest, urging her union the United Federation of Teachers to act. She and other progressives in the dissident caucus, Movement of Rank and File Educators, were willing to strike to ensure their safety. Union leadership hesitated largely because public union strikes are illegal under the state’s Taylor Law.

This four-part audio documentary looks at the history of the UFT and this contentious state law. The union began striking under more onerous strike prohibition legislation. Its roots are steeped in radical …

Covering The Indigent Defendant System, Francis J. Difiore

Capstones

I chose the indigent defense system in New York City as my focus community for social journalism, particularly the attorneys who work in this system and the clients they represent. I conducted interviews and outreach with working public defenders and assigned counsel in the Bronx and Manhattan, and wrote stories for a self-started online publication known as "Public Defense Informer."


https://public-defense-informer.glitch.me/

The Crossroads Of Wellness And Second Victim Syndrome: Identifying Factors That Alter The Pathway Of Caregiver Recovery Following An Unanticipated Adverse Patient Outcome, Kimia Zarabian, A. Katharine Hindle, Ivy Benjenk, Anita Vincent, Jamil M. Kazma, Benjamin Shambon, Raymond Pla, Eric Heinz

Journal of Wellness

Introduction: Second Victim Syndrome (SVS) describes the phenomenon in which a caregiver experiences a traumatic psychological and emotional response to an adverse patient event or medical error. Using quantitative survey analysis, we aim to better understand the personal factors that affect SVS development and recovery.

Methods: Caregivers at a small urban academic medical center who had experienced an adverse patient event in the past six months were invited to take part in this institution-wide, voluntary, quantitative, cross-sectional study. Three surveys were administered; the Holmes-Rahe Life Stress Inventory (HRLSI) was used as a surrogate to measure stressful life events. The …

An Approach To Improving Judicial Review Of The Apa’S “Good Cause” Exception To Notice-And-Comment Rulemaking, Kevin Hartnett Jr.

Buffalo Law Review

No abstract provided.

Toxic Bones: The Burdens Of Discovering Human Remains In West Virginia's Abandoned And Unmarked Graves, J. William St. Clair, Robert Deal

West Virginia Law Review Online

This article pulls up and highlights a land use restriction, or financial burden, imposed upon West Virginia private real estate owners who inadvertently uncover human skeletal remains in unmarked graves on their property. In this state, those coming across human bones that historians and archaeologists eventually deem have no historical or archeological significance have a choice—pay the costs to have the bones removed and reinterred or cover the bones and use the property only as a cemetery in perpetuity. This burden becomes more acute when comparing West Virginia’s law to those of other states that require government officials, at public …

Does The Ftc Have Blood On Its Hands? An Analysis Of Ftc Overreach And Abuse Of Power After Liu, Angel Reyes, Benjamin Hunter

Buffalo Law Review

Recent cases have called the Federal Trade Commission’s (“FTC”) enforcement methods into question. After a circuit split developed in the wake of the Seventh Circuit’s decision in Federal Trade Commission v. Credit Bureau Center, L.L.C., the Supreme Court responded by granting certiorari and consolidating the case with AMG Capital Management, L.L.C. v. Federal Trade Commission. The issue in these cases is whether Section 13(b) of the FTC Act authorizes the FTC to bypass the due process safeguards mandated by Congress in Sections 5 and 19 of the FTC Act and, in doing so, to conduct warrantless searches and seizures, unilaterally …

Police Body Cameras: Go Big Or Go Home?, Ronald J. Coleman

Buffalo Law Review

Police body-worn cameras have proliferated since the deaths of Michael Brown and Eric Garner, and the recent George Floyd-related protests seem set to continue or even accelerate that trend. Indeed, in her recent Nieves v. Bartlett dissent, Justice Sotomayor took time to note that many departments equip their police officers with body cameras. Body camera advocates have touted the cameras’ benefits, such as decreasing misconduct, reducing complaints, and improving accountability. At the same time, serious concerns have been raised regarding the impact of these cameras on privacy, public resources, and fairness. Despite the increased interest in body cameras, important empirical …

Virtual Trials: Necessity, Invention, And The Evolution Of The Courtroom, Susan A. Bandes, Neal Feigenson

Buffalo Law Review

Faith in the legitimating power of the live hearing or trial performed at the place of justice is at least as old as the Iliad. In public courtrooms, litigants appear together, evidence is presented, and decisions are openly and formally pronounced. The bedrock belief in the importance of the courtroom is rooted in common law, constitutional guarantees, and venerated tradition, as well as in folk knowledge. Courtrooms are widely believed to imbue adjudication with “a mystique of authenticity and legitimacy.” The COVID-19 pandemic, however, by compelling legal systems throughout the world to turn from physical courtrooms to virtual ones, disrupts …

On Justice: An Origin Story, Stephen Paskey

Buffalo Law Review

No abstract provided.

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

Buffalo Law Review

Confederate monuments have again received increased attention in the aftermath of George Floyd’s tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the “death” or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

Court-Packing Time? Supreme Court Legitimacy And Positivity Theory, Stephen M. Feldman

Buffalo Law Review

Many progressives have decided they need to change the Supreme Court to break the conservative justices’ lock on judicial power. Yet those same progressives disagree about the best way to change the Court. This Essay begins by comparing straight-forward court-packing—adding justices to shift the partisan balance on the Court—to other possible Court changes, such as court-curbing measures that would reduce the Court’s power. Court-packing has multiple advantages over these other possibilities, not the least of which is that even the current Roberts Court would almost certainly hold court-packing, unlike other potential changes, to be constitutional. Even so, some progressives view …

Kent Smith, Chandra Smith, Edward M . Duke, Sharon P. Duke, And Timothy Syndergaard, Appellees /Petitioners V. David Zook, In His Capacity As The City Manager/ Recorder/ Local Clerk Of Nibley City, Appellee/ Respondent, And Return Development, Llc, Appellant / Intervenor-Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the First Judicial District Court, Cache County, Utah, from the final order of the Honorable Brian G. Cannell

Daniel K. Dygert, Attorney for Appellees/Petitioners Kent Smith, Chandra Smith, Edward M. Duke, Sharon P. Duke, and Timothy Syndergaard

David K. Broadbent, Christopher R. Hogle, Chelsea J. Davis, Attorneys for Appellant/Intervenor Respondent Return Development LLC

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Commercializing Cannabis: Confronting The Challenges And Uncertainty Of Trademark And Trade Secret Protection For Cannabis-Related Businesses, John Mixon

Washington Journal of Law, Technology & Arts

Over the last couple of decades, society has become more accepting of recreational cannabis and an ever-growing number of states have passed pro-cannabis legislation. With this change, the cannabis industry has, to some extent, exploded into a booming enterprise in states that have legalized marijuana. Nonetheless, cannabis' status as a Schedule I banned substance under the Controlled Substances Act of 1970 remains unchanged. As a result, businesses in the cannabis industry face the unique challenge of having to toe the line between "legally" operating under state law and violating federal law, which trumps state law. One particular situation in which …

News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer

Washington Journal of Law, Technology & Arts

During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …

Together And Apart In An Online Classroom, Laura A. Heymann

Popular Media

No abstract provided.

M.N.V. Holdings, L.C., Appelant V. 200 South Llc, Appelle : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Third Judicial District Court, Salt Lake County Honorable Andrew Stone

Greggory J. Savage Gregory S. Roberts Ray Quinney & Nebeker Attorneys for 200 South LLC

Scott 0. Mercer J. Adam Knorr Kesler & Rust Attorneys for M N. V Holdings, L.C.

The Lihtc Program, Racially/Ethnically Concentrated Areas Of Poverty, And High-Opportunity Neighborhoods, Kirk Mcclure, Anne R. Williamson, Hye-Sung Han, Brandon Weiss

Texas A&M Journal of Property Law

The Low-Income Housing Tax Credit (“LIHTC”) program remains the na- tion’s largest affordable housing production program. LIHTC units are under-represented in the neighborhoods that both promote movement to high- opportunity neighborhoods and affirmatively further fair housing. State and local officials should play an active role in guiding site selection decisions and ensuring that LIHTC developments are located in a manner that affirmatively furthers fair housing. Planners can use newly available data discussed herein to identify high-opportunity tracts.

December 16, 2020: This Week's Column--The Future Of The Supreme Court, Bruce Ledewitz

Hallowed Secularism

Blog post, “This week's column--the future of the Supreme Court“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

What Will A Post-Trump U.S. Supreme Court Look Like? It Might Not Be All That Bad For Liberals, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Google And Shifting Conceptions Of What It Means To Improve A Product, Ramsi Woodcock

Law Faculty Popular Media

Judges sometimes claim that they do not pick winners when they decide antitrust cases. Nothing could be further from the truth.

Competitive conduct by its nature harms competitors, and so if antitrust were merely to prohibit harm to competitors, antitrust would then destroy what it is meant to promote.

What antitrust prohibits, therefore, is not harm to competitors but rather harm to competitors that fails to improve products. Only in this way is antitrust able to distinguish between the good firm that harms competitors by making superior products that consumers love and that competitors cannot match and the bad firm …

Law School News: 'Unmatched Opportunities' 12-16-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Family Status Discrimination: Caregiving And The Prima Facie Case, Melanie Vipond, Benjamin Oliphant

Osgoode Hall Law Journal

The growing number of dual-income families with young children and ageing parents has led to a corresponding increase in the number of accommodation requests relating to childcare and eldercare. Determining whether an employer’s denial of such a request constitutes prima facie discrimination on the basis of family status has bedeviled adjudicators, resulting in various “tests” being enunciated across Canada. While some scholars and adjudicators have suggested that these “tests” are inconsistent with the test set out by the Supreme Court of Canada in Moore v. British Columbia and place a uniquely high burden on claimants to establish prima facie discrimination, …

State Of Utah, Plaintiff/ Appellee V. Bakar Mberwa, Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

EMILY ADAMS, FREYJA JOHNSON, CHERISE BACALSKI, Counsel for Appellant

DAVID A. SIMPSON, SEAN D . REYES, COLLEEN K. MAGEE, Counsel for Appellee

State Of Utah, Plaintiff/ Appellee, V. Bakar Mberwa, Defendant/ Appellant: Appellee Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for rape and aggravated burglary, both first-degree felonies, in the Third Judicial District, Salt Lake County, the Honorable Adam Mow presiding

EMILY ADAMS, FREYJA JOHNSON, CHERISE BACALSKI, Counsel for Appellant

DAVID A. SIMPSON, SEAN D. REYES, COLLEEN K. MAGEE, Counsel for Appellee

Judicial Influence On The Duty To Consult And Accommodate, Andrew Green

Osgoode Hall Law Journal

The duty to consult and accommodate has increasingly become front and centre in a wide range of resource and development projects and the related litigation. The Supreme Court of Canada has stated that it seeks to foster negotiation and limit litigation through its approach to the duty. This article examines, from a theoretical perspective, whether the Court is furthering this objective. It builds on a simple model of How the legislature and courts interact in the administrative law context and discusses how the relationship changes with the addition of Indigenous peoples seeking enforcing the government’s constitutional duty to consult and …