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Landlord Bounty Hunters: Qui Tam as an Effective Tool for Housing Code Enforcement
Get PDFMillions of American renters live in substandard housing. Conditions in these homes not only affect individual renters’ quality of life, but in the aggregate create enormous burdens on public resources in the form of higher healthcare costs, demand for public benefits, and lower economic productivity. Furthermore, the legacy of racist housing policies in the United States has concentrated poor housing conditions in low-income communities of color. This Note argues that existing methods of housing code enforcement are inadequate. Instead, housing advocates should turn to an ancient remedy that has been used to prosecute fraud, labor violations, and even pirates: qui tam statutes. Qui tam statutes allow private parties to prosecute claims on behalf of the government and to collect a portion of the damages recovered. Currently, housing code enforcement relies on tenants to report code violations and to file suit when the landlord fails to correct conditions. A qui tam provision in the housing code would allow tenants to receive a percentage of the fines assessed against their landlord. Not only would this create stronger incentives for private parties to enforce the housing code, which promotes the public interest, it would also compensate tenants for the time and effort expended pursuing their right to a decent home
The Rise of ADA Title III: How Congress and the Department of Justice Can Solve Predatory Litigation
Get PDFThe Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being silent on website accessibility, courts have been left to interpret whether a website is considered a “place of public accommodation,” leaving circuit courts split. While some courts have held that all websites are “public accommodations” under the ADA, other courts have interpreted “place of public accommodation” to be a physical space, requiring a website to comply with the ADA only if the website has a significant nexus to a physical space. Compounding on the circuit split is the fact that the ADA does not contain clear guidelines for what a website must do to comply with the ADA. The circuit split, together with the lack of formal standards, has fostered an extensive amount of litigation between disabled individuals and private businesses. Businesses are unaware if their website is covered by the ADA and what they would need to do to make their website comply with the ADA. This note argues that to bring an end to this litigation under Title III, Congress must amend the ADA to clearly define its scope to include all websites as places of public accommodation. Furthermore, the DOJ must provide regulatory guidance on the standards required for websites to comply with the ADA, and this note suggests a possible regulatory scheme based on the WCAG standards
So Goes the Nation: The Constitution, the Compact, and What the American West Can Tell Us about How We\u27ll Choose the President in 2020 and Beyond
Get PDFTHE CRIMINAL, REGULATORY, AND CIVIL ISSUES SURROUNDING INTELLECTUAL PROPERTY AND CYBERSECURITY
Get PDFCyber-attacks have affected all organizations and individual consumers. Dissemination of relevant information and attention to strong information security practices is an important tool in fighting this cyber “pandemic.” Additionally, the legal and regulatory liability companies face from cyber-attacks as well as general strategies and practical solutions companies may implement to protect against cyber-intrusions and respond effectively in the event of an attack are considered. There are many iterations of cyber-crime, and we address the various methods cybercriminals use and the many ways cyber-attacks can take place, as well as the entities and victims affected. Moreover, the legal liability and regulatory oversight these entities face is a critical factor in addressing strategies and solutions, including both preemptive and response-oriented measures companies must take to combat cyber-crime. Coupled with this very active problem is the present nadir in the congressional debate and the proposed solutions. Thus, this Article suggests a comprehensive set of proposals where, if applied, companies may fortify their abilities to ward off cyber-threats and better ensure that consumers’ personal information stays protected. Finally, these proposals would incentivize prompt cybersecurity responses and ensure adequate protection of company and consumer information
A TAXONOMY OF CRYPTOCURRENCY ENFORCEMENT ACTIONS
Get PDFThis article looks at how the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have pursued cases involving cryptocurrencies. A number of prosecutions have been brought against defendants who misled investors into believing that they were obtaining cryptocurrencies when in fact there were simply false statements and schemes to defraud, such as Ponzi schemes. When a company has attempted to issue a cryptocurrency to investors, the SEC has relied on Section 5(a) and 5(c) of the Securities Act of 1933 to require that issuers file a registration statement with the Commission. This is not an easy process and requires extensive disclosures that issuers of cryptocurrencies have found confounding. One possible way around those restrictions is if an issuer relies on Regulation D or Regulation A+ to issue the cryptocurrency. However, this route is risky because it may require approval by the SEC before proceeding. Will we see broader issuance of cryptocurrencies? The short answer is “no” because the SEC, apart from Commissioner Hester Peirce, has shown a distinct hostility toward companies trying to issue cryptocurrencies. Is there a way around this? Perhaps, if a firm is willing to follow all the rules for a Regulation D or Regulation A+ offering it might be possible, but no one should be holding their breath for the SEC to approve the issuance of a cryptocurrency
Living Landmarks: Equipping Landmark Protection for Today’s Challenges
Get PDFThe past few decades have brought tremendous change to New York City as gentrification continues its march through many of the city’s neighborhoods. This change has transformed formerly neglected neighborhoods into highly desired locations. While these changes have introduced potential benefits to the transformed areas, they have also put immense economic pressure on important local establishments, such as diners, bars, and other informal gathering spaces that played an important role in their communities before the neighborhoods became “hot.” Increasingly, this pressure has resulted in the shuttering of many such local establishments. Their disappearance represents not only a loss of an irreplaceable piece of organic New York culture, but also a profound and tangible detriment to pre-existing communities that are experiencing the impact of enormous economic and social change in their neighborhoods. Currently, there are no legal mechanisms in place to protect such businesses from being washed away by a tide of money, greed, and shortsightedness. This stands in stark contrast to the protection that is afforded to certain buildings and historic districts in New York which have been preserved through the city’s Landmarks Law. Today, preservation needs to be reimagined not only as a way to ensure the preservation of a neighborhood’s aesthetic heritage, but also as a tool for maintaining the unique qualities and characteristics of a community, both for its own sake and to ensure that the neighborhood’s commercial districts represent the tastes and values of all residents, not just of those with the most disposable income
