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

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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.

Symposium 2017: Transformative Immigration Defense

On Friday, March 31, 2017, the City University of New York Law Review will be hosting a Symposium entitled: Transformative Immigration Defense: Law in Support of an Intersectional Movement.

Below is more detailed information regarding the Symposium.

  1. Event Information
  2. Location
  3. Panelists
  4. Keynote
  5. Program
  6. RSVP
  7. CLE Credits
  8. Social Media
  9. Co-Sponsors

If you have additional questions please email us at: cunylr@mail.law.cuny.edu.

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New Board Members Announced

Congratulations to the 2017 – 2018
CUNY Law Review Board!

Jellisa Grant
Chris Kovalski
Executive Articles Editors

Anna Maria Goyzueta
Shaina Low
Public Interest Practitioner Section (PIPS) Editors

Zunira Elahi
Samara Yousif
Notes & Comments Editors

Princess Masilungan
Rafael Varela
Footnote Forum Editors

Maria Brinkmann
Special Events Editor

Randy Yang
Community Engagement Editor

Mackenzie Lew
JP Perry
Managing Articles Editors

Susannah Maltz
Managing Editor

Lovely Bonhomme
Editor-in-Chief

VOL. 20.1

On April 8, 2016, we hosted a Symposium entitled, Reimagining Family Defense. We are excited to publish our Symposium issue — explore the complete digital version of Volume 20.1.

Introduction

Introduction by Angela Olivia Burton, Director of Quality Enhancement, Parent Representation at the New York State Office of Indigent Legal Services (“ILS”)

Public Interest Practitioner Section (PIPS)

However Kindly Intentioned: Structural Racism and Volunteer CASA Programs by Amy Mulzer, Staff Attorney and Clinical Instructor of Law in the Disability and Civil Rights Clinic, Brooklyn School of Law & Tara Urs, Attorney for the Defender Association Division of the King County Department of Public Defense

Healthy Mothers, Healthy Babies: A Reproductive Justice Response to the “Womb-to-Foster-Care Pipeline” by Emma S. Ketteringham, Managing Director, FDP at The Bronx Defenders, Sarah Cremer, Director of Healthy Mothers, Healthy Babies at The Bronx Defenders & Caitlin Becker, Managing Director of Social Work at The Bronx Defenders

Safeguarding the Rights of Parents with Intellectual Disabilities in Child Welfare Cases: The Convergence of Social Science and Law by Robyn M. Powell, MA, JD, Lurie Institute for Disability Policy Fellow and Ph.D. Candidate, Heller School of Social Policy and Management, Brandeis University

Ambivalence About Parenting: An Overview for Lawyers Representing Parents in Child Welfare Proceedings by Lisa Beneventano, Associate Director of Chances for Children-NY (CFC) & Colleen Manwell, Staff Attorney at The Family Defense Team at the Neighborhood Defender Service of Harlem (NDS)

Articles

Family Defense and the Disappearing Problem-Solving Court by Jane M. Spinak, Edward Ross Aranow Clinical Professor of Law, Columbia Law School

Inequity in Private Child Custody Litigation by Dale Margolin Cecka, Clinical Professor of Law and Director of the Jeanette Lipman Family Law Clinic, University of Richmond School of Law

Afterword

Afterword by Matthew I. Fraidin, Professor of Law, University of the District of Columbia David A. Clarke School of Law (UDC-DCSL)

Footnote Forum

A Hybrid Model for Family Defense: Combining a Public Interest Law Firm, a Legal Services Program and a Powerful Pro Bono Network to Forge Cutting-Edge Legal Advocacy for Families in the Child Welfare System by Diane L. Redleaf, Found and Executive Director, Family Defense Center, Chicago, Illinois

Family Defense in the Age of Black Lives Matter by Erin Cloud, Rebecca Oyama & Lauren Teichner, The Bronx Defenders

A Robust Defense: The Critical Components for a Reimagined Family Defense Practice by Kara R. Finck, Practice Associate Professor of Law and Director, Interdisciplinary Child Advocacy Clinic at the University of Pennsylvania Law School