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Full-Text Articles in Law

Energy Justice And Renewable Rikers, Rebecca Bratspies Jan 2024

Energy Justice And Renewable Rikers, Rebecca Bratspies

University of Miami Law Review

Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …


Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña Dec 2022

Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña

Capstones

Kanami Kusajima is an ink dancer and street performer who dances and creates art at Washington Square Park. She’s also been clashing with the Park Enforcement Patrol officers, who patrol the area. Her attempts to create a safer space for her fellow performers brings to light the complicated rules and regulations as well as the obstacles street performers face on the daily. Link to capstone project: https://medium.com/@caithlin.pena53/fighting-for-the-right-to-dance-in-nycs-public-parks-2cab922d1a1c


Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj Aug 2022

Retroactive Application And Its Setbacks To Addressing Housing Concerns In New York City: An Analysis Of The Regina Metro Holding And Its Implications To Part K Mci Changes Pursuant To The Hstpa, Arjana Balaj

Pace Law Review

No abstract provided.


New York State And New York City Must Take Drastic Measures To Increase All New Yorkers’ Access To Quality Greenspaces, Ben Handy Apr 2022

New York State And New York City Must Take Drastic Measures To Increase All New Yorkers’ Access To Quality Greenspaces, Ben Handy

Journal of Civil Rights and Economic Development

(Excerpt)

Consistently, elected and appointed city government officials around the United States, despite recognizing how important parks are to cities, have expressed that they would cut park funding before other essential services when a city’s budget is limited. For example, New York City’s Department of Parks and Recreation (“Parks Department” or “Department”) has seen extreme budget limits. The Parks Department’s limited budget means that most communities do not receive the financial support needed to maintain their local parks. Historically, this has impacted lower-income areas more severely because these areas generally receive less public and private funding for parks, leading to …


State Lawmakers Must Step In To Remedy Supreme Court Voting Rights Blunder, Rachel Landy, Jarrett Berg Nov 2021

State Lawmakers Must Step In To Remedy Supreme Court Voting Rights Blunder, Rachel Landy, Jarrett Berg

Online Publications

This June, a 6-3 Supreme Court decision further eroded the Voting Rights Act (VRA) by upholding an Arizona law that disqualifies ballots cast by voters at any poll site other than the one assigned — an administrative technicality that has been shown to disproportionately impact minority communities in multiple states.


A Way To Guarantee Voting Rights, Rachel Landy, Jarrett Berg Jun 2021

A Way To Guarantee Voting Rights, Rachel Landy, Jarrett Berg

Online Publications

In 2004, state legislator Andrea Stewart-Cousins faced nine-term Republican Nick Spano in a state Senate election. The election was very close, certified in favor of Spano by 18 votes.


A Small Change To Save Thousands Of Votes, Rachel Landy, Jarret Berg May 2021

A Small Change To Save Thousands Of Votes, Rachel Landy, Jarret Berg

Online Publications

In 2004, then-County Legislator Andrea Stewart-Cousins faced off against the nine-term incumbent Nick Spano in an election for state Senate. The race was extremely close, certified in Spano’s favor by 18 votes.


Impact Of New York’S “Wrong Church” Ballot Disqualification Rule In The 2020 General Election, Rachel Landy, Jarret Berg May 2021

Impact Of New York’S “Wrong Church” Ballot Disqualification Rule In The 2020 General Election, Rachel Landy, Jarret Berg

Online Publications

In 2020, more than 13,800 New York voters, eager to cast their ballots in the General Election, walked into a polling place and presented themselves to poll workers, who were unable to locate those voters in the poll book, even though they were registered. Poll workers directed them to vote provisionally by affidavit ballot and each did so. However, as officials determined several days later, these voters had all turned out and cast a ballot at a poll site in their county that was different from the one assigned to them, a fatal technical pitfall under New York’s election law. …


A Crisis Within A Crisis: Nyc Landlords Ramp Up Harassment Of Vulnerable Tenants In Wake Of Pandemic, Joseph A. Jungermann Iii Dec 2020

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 Dec 2020

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 Dec 2020

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 …


Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie Nov 2020

Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie

Michigan Law Review

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates …


Uber And The Need For Particularized Regulation, Kayla Marie Heckman Sep 2020

Uber And The Need For Particularized Regulation, Kayla Marie Heckman

University of Miami Business Law Review

With technology constantly evolving, the law must evolve with it. Uber Technologies, Inc. (“Uber”) has transformed the transportation industry by making transportation readily available with the touch of a button on one’s mobile phone. Uber is now one of the leading companies in transportation and operates worldwide. While this expansion has been great for consumers, it has come with significant drawbacks and challenges. Uber threatens the taxi industry, the cities in which it operates, and even its own drivers. This Note will discuss how Uber’s rapid growth is disrupting transportation in major cities quicker than its impact can properly be …


Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald Jan 2020

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.


New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino Jan 2020

New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino

NYLS Law Review

No abstract provided.


Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn Jan 2019

Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn

Journal Articles

No abstract provided.


Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn Jan 2019

Fallen Woman Further (Re)Framed: Jewels And Travels, Tragedies And Secrets, Judge Hortense Norris, Mae Quinn

Journal Articles

No abstract provided.


Beneath Brooklyn’S Darkened Skies, Court Continues Long Into The Night, Emilie Ruscoe Dec 2018

Beneath Brooklyn’S Darkened Skies, Court Continues Long Into The Night, Emilie Ruscoe

Capstones

Tens of thousands of people who pass annually through New York’s criminal justice system via night court in Brooklyn. In these eight hours, the administration of justice slows and the human foundation of this bureaucracy is on display as the court works into the night. http://www.emilieruscoe.com/night-court/


Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget Dec 2018

Adapting To $15: As The Minimum Wage Approaches $15 In Nyc, Business Owners Are Finding Ways To Make It Work, Alexandra Semenova, Sharif Paget

Capstones

This project examines the impact of minimum wage increases across major industries in New York City and State and concludes they have been manageable and even fueled broader economic growth. Since the incremental wage hikes were first signed into law in 2015, data and anecdotal evidence has shown business owners have been able to make it work and many of critics' concerns that the higher labor costs would lead to disemployment have been misplaced. The story provides an in-depth analysis of how restaurant and food establishments, health care and retail employers have adapted to higher labor costs by innovating their …


Prior Mental Health Treatment And Mental Health Court Program Outcomes, Lauren Rubenstein Jun 2018

Prior Mental Health Treatment And Mental Health Court Program Outcomes, Lauren Rubenstein

Student Theses

In response to the high volume of mentally ill individuals involved in the criminal justice system, mental health courts have emerged as an alternative to incarceration for these individuals. Based on the literature, it is hypothesized that participants with a history of prior mental health treatment will have better outcomes in MHC programs, including more compliant behavior and more successful completion of the program than participants with no history of prior mental health treatment. The findings of this research can be used in order to help MHC programs better accommodate all participants regardless of their treatment history.


Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson Apr 2018

Stuck In Neutral: The Americans With Disabilities Act And The State Of Paratransit Service In New York City, Britney Wilson

Articles & Chapters

No abstract provided.


Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown Jan 2018

Beyond Corporate Form: A Response To Dan Depasquale, Surbhi Sarang, And Natalie Bump Vena’S Forging Food Justice Through Cooperatives In New York City, Jonathan Brown

Elisabeth Haub School of Law Faculty Publications

In their article, Forging Food Justice Through Cooperatives in New York City, Dan DePasquale, Surbhi Sarang, and Natalie Bump Vena (the “Authors”) argue that consumer-owned and worker-owned cooperatives hold promise as a means for advancing policy objectives associated with “food justice,” namely building community wealth and power and providing more affordable access to healthy food in low-income and minority communities. Looking to examples of legislation and policies in other jurisdictions, they advocate for a wide range of policies to promote the viability of cooperatives in New York City, including reforms to cooperative corporation laws and strategies for better allocating funding …


Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger Oct 2017

Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger

Pace Law Review

This article is intended to provide a practical lens into how Home Rule issues unfold in complex matters involving the City, and to suggest how a much-needed Home Rule constitutional amendment could re-shape or, at the very least, clarify Home Rule standards. Section II will provide some historical and legal background on Home Rule; Section III will analyze some of the more well-known Home Rule cases that the Law Department litigated during the Bloomberg Administration; and Section IV will discuss insights gleaned with respect to, and will offer several recommendations for, the future of Home Rule in New York.


Suspension Representation Project: New Advocate Training, Suspension Representation Project Feb 2017

Suspension Representation Project: New Advocate Training, Suspension Representation Project

Flyers 2016-2017

No abstract provided.


Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri Jan 2017

Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri

Journal of Law and Policy

Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …


Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri Jan 2017

Fighting For Fair Fares In New York City Through Civil Society Enforcement Of Title Vi, Sara Amri

Journal of Law and Policy

Low-income New Yorkers rely heavily on public transportation to travel around the city. However, riding the New York City subway system is becoming increasingly unaffordable. New York City’s Metropolitan Transit Authority (MTA) has set forth plans to implement semiannual fare increases. No alleviation has been provided, however, to New Yorkers living at or below the federal poverty level, despite the discounts provided to other groups regardless of their income. The inability to travel can have a devastating impact on the upward mobility of poor New Yorkers, and, alarmingly, fare increases appear to have a disparate impact on low-income people of …


Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler Jan 2017

Police Contact And Mental Health, Amanda Geller, Jeffrey Fagan, Tom R. Tyler

Faculty Scholarship

Although an effective police presence is widely regarded as critical to public safety, less is known about the effects of police practices on mental health and community wellbeing. Adolescents and young adults in specific neighborhoods of urban areas are likely to experience assertive contemporary police practices. This study goes beyond research on policing effects on legal socialization to assess the effects of police contact on the mental health of those stopped by the police. We collected and analyzed data in a two wave survey of young men in New York City (N=717) clustered in the neighborhoods with the highest rates …


No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier Dec 2016

No Place Like Home: Tenant Harassment And The Frailty Of Housing Court, Adam M. Shrier

Capstones

Residents across New York City—particularly those living in rent-stabilized or rent-controlled apartments—are subject to concerted, persistent harassment at the hands of landlords determined to replace them with higher-rent paying tenants or tenants who will remain compliant in response to the landlords’ negligence or illegal actions. Although tenant harassment is illegal in New York City, the laws and penalties of New York City Housing Court have proven to be an ineffective system for tenants and insufficient deterrent against landlords who stand to make significant financial gains from deregulating apartments and who often get slapped with little to no fines for their …


2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law Oct 2016

2016 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Top News & Events, page 3

Clinics News, page 8

Faculty Briefs, page 12

Student Competitions, page 18

Building New York, page 20

Justice For All, page 24

Guantanamo: The Supreme Court Blinks, page 30

Going Global, page 35

In Brief, page 36

Movers & Shakers, page 38

Alumni News & Class Notes, page 39

Advancement News, page 44

In Memoriam, page 47

End Note: Talkin’ Bout My Generation, page 48


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.