Introducing the 2017–2018 CUNY Law Review Fall Staff Members

On behalf of the 2017–2018 CUNY Law Review Board, we are pleased to announce this year’s CUNY Law Review fall staff members! Please join us in congratulating our senior staff, returning staff, and incoming staff! We could not be more excited and inspired to work with this amazing group of students.

Senior Staff:
Melissa Britton
Abigail Downs
Alanna Doherty
Erica Taylor
Michael Perez
Christina Rosalin Peña

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Zoning, Tenant Harassment, and the Property Contradiction: Lessons from the Special Clinton District

Sean Meehan

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Landlord harassment against low-income, rent-regulated tenants is an enduring problem in New York City that forces vulnerable tenants from their homes as landlords illegally pursue greater profits. Protection from harassment was a significant issue during Mayor Michael Bloomberg’s unprecedented land use revision of nearly 140 rezonings from 2002 to 2014.[1] As communities throughout the city began to understand the inequitable effects of rezoning, particularly for low-income communities of color,[2] many tenants and community groups began to organize and demand greater protection from the anticipated effects that rezoning would have on their communities.

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#BLACK LIVES MATTER: ARE POLICE BODY-WORN CAMERAS THE SOLUTION?

Lelia A. James*

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Introduction

There is a need for police reform here in the United States. The violent policing of Black men, women, queer, trans, disabled, undocumented, etc. is an example of how Black lives are continuously disvalued. The hashtag #BlackLivesMatter gained mass public awareness after the police killed the unarmed Black men, Michael Brown in Ferguson, MI,[1] Freddie Gray in Baltimore, MD,[2] and Eric Garner in Staten Island, NY.[3] Black Americans are more than twice as likely as white Americans to be killed by police officers.[4] The #BlackLivesMatter chapter-based organization is creating a movement that aims to put an end to disvaluing Black lives. They have a ten-point plan called “Campaign Zero.”[5] Campaign Zero is a police reform campaign that recommends policies and proposals different state legislatures should consider and enact.[6] One of the tools listed to help end violent policing is the use of body cameras on police officers while they are on duty.[7]

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WHEN CAUSATION IS TOO “ROBUST”: DISPARATE IMPACT IN THE CROSSHAIRS IN DE REYES


Nick Bourland
*

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Introduction

As Justice Kennedy recently noted, “[d]e jure residential segregation by race was declared unconstitutional almost a century ago, but its vestiges remain today, intertwined with the country’s economic and social life.”[1] In order to effectively combat the full range of contemporary housing discrimination, including its more evolved forms, such as predatory lending[2] and discriminatory rezoning plans,[3] plaintiffs must be able to plead Fair Housing Act (“FHA”) claims under the disparate impact theory.[4]

After decades of use nationwide, disparate impact was definitively endorsed by the Supreme Court for FHA claims in 2015.[5] However, the endorsement came with a caveat—a poorly defined “robust causality requirement.”[6] As detailed below, this heightened causation standard haphazardly blurs the line between disparate impact and disparate treatment, leaving plaintiffs’ well-plead FHA claims in jeopardy of dismissal.

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FRIEDRICHS V. CALIFORNIA TEACHERS ASSOCIATION: A PYRRHIC VICTORY FOR UNIONS

Matthew T. McDonough

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Introduction

The U.S. Supreme Court’s March 29, 2016 per curiam decision in Friedrichs v. California Teachers Association means that, for a time, unions have won the battle.[1] But the question concerning the lawfulness of fair share fees, crucial to the feasibility of collective bargaining, will undoubtedly return to the Court. Spearheaded by the Center for Individual Rights and the National Right to Work Legal Defense Fund, two conservative non-profit law firms,[2] union opponents are dedicated to stripping public unions of their right to charge non-members for collective bargaining negotiation and other services rendered.[3] This jeopardizes thousands of collective bargaining agreements across the country and not just those in the public sector.[4]

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First Toast

GETTING PUBLISHED

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Join the CUNY Law Review to find out more about the process of writing, submitting, and publishing with the CUNY Law Review.

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LIVE STREAM #TransformativeImmDefense #Symposium17

Our auditorium live stream of #TranformativeImmDefense is here!

Panel streaming to follow!

In 48 hours

More information regarding the Symposium.

RSVP.

A COMPREHENSIVE SAFETY NET: HOMELESS PREVENTION IN NYC

On April 6, 2017 at 5:30 PM, the City University of New York Law Review, New York State Bar Association, and CUNY Housing Rights Project presents: A Comprehensive Safety Net: Homelessness Prevention in NYC.

The discussion with focus on the nuances of providing services to those at risk of homelessness, barriers to accessing services, and larger scale policy reforms geared directly or indirectly at homeless prevention.

The discussion will be moderated by Professor Stephen Loffredo and panelists include: Jonathan Cohen, Senior Staff Attorney at Mental Health Project of the Urban Justice Center; Monique (Mo) George, Executive Director at Picture the Homeless; Nadia Qurashi, Senior Staff Attorney Peter Cicchino Youth Project (PCYP) at Urban Justice Center; and Jacquelyn Simone, Policy Analyst at Coalition for the Homeless.

Please register for the event.