The New York City Housing In The 21St Century: Can It Better Address The Problems Before It?

Assuring Access to Justice: The Role of the Judge in Assisting Pro Se Litigants in Litigating their Cases in New York City's Housing Court

I. The Problem. II. Models for Addressing the Problem. A. More Active Judicial Role Within the Strictures of the Present System. B. Incorporating the Simplified Evidentiary Procedures Applicable to Small Claims Actions. C. Adopting an Administrative Procedure or Inquisitorial Model in Which the Judge Bears an Affirmative Duty to Develop the Factual Record and to Identify Controlling Law.III. Conclusion.

Conference Report: The New York City Housing Court in the 21st Century: Can It Better Address the Problems Before It?

I. Introduction. A. Conference Purpose and Format. B. Description of the Working Groups 1. Working Group I: Pre-Adjudication Steps in the Housing Court. 2. Working Group II: The Adjudicative Process and the Role of the Court. 3. Working Group III: Right to Counsel. 4. Working Group IV: Litigants of Diminished Capacity. 5. Working Group V: Preserving the Housing Stock: Are There New Ways to Approach This and Measure Results? 6. Working Group VI: Social Servi...

Foreword to the Conference Report: The New York City Housing Court in the 21st Century: Can It Better Address the Problems Before It?

Introduction. Conference Purpose and Format. Summary of the Working Groups and Recommendations. Conference Followup.

Protecting the Rights of Litigants With Diminished Capacity in the New York City Housing Courts

Introduction. I. Background: Societal Developments Reflected in Statutes and Case Law. A. Societal Developments: Evolution Of Understanding Of Mental Illness. B. Judicial and Legislative Developments In New York: CPLR Article 12 And Its Background. C. Federal Developments: The Americans With Disabilities Act. II. Assessment of CPLR Article 12's Guardian Ad Litem Provisions as a Means of Protecting the Rights of Litigants with Diminished Capacity. A. Compliance By Parties W...

The Housing Court Act (1972) and Computer Technology (2005): How the Ambitious Mission of the Housing Court to Protect the Housing Stock of New York City May Finally be Achieved

Introduction. I. Protecting the Housing Stock of the City of New York: The Housing Court and its Opportunities. A trial court generally resolves cases between the parties before it, but legislative history4and contemporary views5set higher expectations for the judges of the New York City Housing Court. The provisions of section 110(c) of the Civil Court Act grant these judges special powers, in pursuit of preserving the housing stock, to go beyond the traditional role of ...

Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel

Introduction. Overview and Summary. I. Recognition of a Right to Counsel for People Who Face Eviction is Sound Public Policy. A. Eviction Proceedings and Other Legal Proceedings Through Which People Lose Their Homes are Too Complicated and Difficult for Untrained People to Defend Themselves Adequately. B. Unnecessary, Unlawful Evictions Impose High Costs on Tenants and the City.. C. Providing Counsel for Low-Income People in Housing Court is Cost-Effective and Will Have a Positiv...

Articles

DNA in the Legal System: The Beefits are Clear, the Problems aren't Always

I. DNA Evidence: A Valuable Resource. II. DNA Evidence: A Word of Caution. III. Admissibility, Weight, and DNA. IV. Human Fallibility and DNA. V. DNA Databases. VI. Post-Conviction DNA Testing. A. The Interest of "Finality". B. Access to DNA Testing. C. Preservation of Biological Samples. VII. Conclusion.

Social Productivity, Law, and the Regulation of Conflicts of Interest in the Investment Industry

Introduction. I. Background. II. Definitions and Context. III. Social Productivity and Societal Institutions. IV. Standards for Behavior and Societal Institutions. V. The Outputs of Social Productivity. A. Reputation. B. Symbols. C. Trust and Perceptions of Fairness. VI. Investment Companies, Investment Advisers, and the Regulation of Conflicts of Interest. A. Securities. B. Directors of Investment Companies. C. Fiduciary Duty of Investment Advisers. D. ...

Notes

Analyzing Post-Market Boom Jurisprudence in the Second and Ninth Circuits: Has the Pendulum Really Swung too Far in Favor of Plaintiffs?

I. Introduction. II. Pre-Reform Act Jurisprudence. A. The Emergence of Federal Securities Laws. B. The Benefits and Limitations of Bringing Claims under § 10(b) and Rule 10b-5 Prior to the Reform Act. C. The Emergence of a Circuit Court Split. 1. The Ninth's Circuit's Pre-PSLRA Approach to Particularized Pleading. 2. The Second Circuit's Pre-Reform Approach to Particularized Pleading. III. A Brief Legislative History of the PSLRA. A. The PSLRA's Scienter Requirem...

Censure the Tree for Its Rotten Apple: Attributing Liability to Parents for the Copyright Infringement of Their Minor Children

Introduction. I. Copyright Infringement on the Internet. A. Digital Millennium Copyright Act. B. Internet Backbone Providers. C. Web Sites and Peer-to-Peer Services. D. Individual Civil Liability. E. Individual Criminal Liability. II. The Liability of Parents for Tortious Acts of Their Minor Children. A. Existence of Liability. 1. Full Immunity. 2. Negligent Supervision. 3. Family Purpose Doctrine. B. Deterrence in Juvenile Law. C. Remedy for Copyright ...

Chaos in Public Schools: Federal Courts Yield to Students while Administrators And Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment

Introduction. I. The History of First Amendment Litigation Regarding Constitutionally Protected Speech in Public Schools. A. School Administrators and Officials are Increasingly Required to Meet an Insurmountable Burden to Repress Students' First Amendment Speech in the Face of Potential Dangers and Disruptions to the Scholastic Environment. II. The Frequency of Violent Public School Episodes Is Increasing at an Alarming Rate. A. Today's Public School Students Are Increasingly In...

Citizenship Theories, Immigration and Nationality Act Section 309 & Nguyen v. Ins: How the Supreme Court Got It Wrong

Introduction. I. Acquiring Citizenship. A. The History of Citizenship. B. Current United States Citizenship Law. I. Relevant Cases Upholding the Constitutionality of INA § 309. A. Miller v. Albright85. B. Nguyen v. Immigration & Naturalization Service114. I. Theories of Citizenship. A. Republicanism.B. Communitarianism. C. Liberalism. IV. Conclusion.