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Trading Nonenforcement
Get PDFIn recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn\u27t require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and because they often coerce regulated parties that lack bargaining power. Moreover, the agency’s nonenforcement promises aren’t binding—thus, even if a regulated party upholds its end of the bargain, the agency can always renege on the deal. The Article concludes by identifying several possible solutions that might discourage agencies from trading nonenforcement
Commercial Rent Stabilization: One Local Response to Skyrocketing Rents
No full textRent hikes have displaced Black- and immigrant-led small businesses and nonprofits for years at alarming rates, and COVID-19 accelerated the trend. Recognizing the ripple effects on owners, community leaders, employees, and underserved communities, several organizers, activists, lawyers, and local legislators around the country are revisiting commercial rent control.
This Article uses the commercial rent stabilization bill introduced in New York City in 2019 as a case study to argue that commercial rent control can advance worthwhile interim goals in New York City and elsewhere. First, commercial rent control would help level the exploitative landlord- tenant playing field. Further, it would promote predictability and stability, which would allow Black- and immigrant-led businesses to thrive and serve their diverse communities’ needs. Finally, this Article contributes to the commercial rent control scholarship by discussing its policy advantages for small, Black- and immigrant-led commercial tenants, as well as responding to the common mischaracterization of state and federal law that views them as obstacles to commercial rent control
Confronting Categorical Exclusions Based on Age: The Rights of Children and Youth
No full textIn the United States (as in any country), a significant percentage of the population has no voting rights, is prohibited from holding public office, has restricted access to employment opportunities, and is subjected to greater restrictions on their participation rights such as freedom of expression, association, and assembly. Such categorical denials of rights typically would be met with accusations of discrimination. However, because the group is children, such differential treatment is rarely questioned. Bright-line rules dividing childhood and adulthood, while advantageous for administrative reasons, fail both to recognize the full personhood of young people and account for developing nature of childhood. They also deprive communities and countries of valuable contributions from their youngest members. This article examines such bright-line distinctions, which have most commonly been drawn at 18 years old. It focuses in particular on young people’s participation rights. Evolving understandings of both children’s rights and child and adolescent development necessitate a questioning of categorical exclusions and a rethinking of the legal regulation of childhood and emerging adulthood
SB 74 - Amendments Regarding Discovery and Advertising Legal Services
Get PDFThe Act allows for protective orders against the deposition of high‑ranking organizational officers when good cause exists. The Act also prevents the use of advertisements that misrepresent legal credentials in soliciting legal services and requires certain government officers and directors to maintain a designee for service of process on their respective websites
SB 44 - Expanding the Street Gang Terrorism and Prevention Act
Get PDFThe Act enhances penalties for violations of the Street Gang Terrorism and Prevention Act, including imposing mandatory minimums, and preserves the State’s right to appeal a court’s deviation from the mandatory minimum sentencing guidelines provided in the Act. The Act also imposes limits on the use of unsecured judicial release