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Workshop on Generative AI Prompt Engineering
Get PDFOctober 22, 2024https://digitalcommons.nyls.edu/ctrw_flyers/1000/thumbnail.jp
U.S. District Court Issues Judgment to HIV+ Plaintiffs Challenging U.S. Military Regulations Against Enlistment of Asymptomatic HIV+ Individuals
Get PDFBaselining Historical and Cultural Context for Law Students: ABA Standard 303(c) and New York Law School’s “Community Days: Law in Context” programme
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A New Hope: Perez v. Sturgis Public Schools Opens the Doors to Children with Disabilities
Get PDFIn Perez v. Sturgis Public Schools, the United States Supreme Court ruled that parents of children with disabilities who allege that their child’s school discriminated against them because of their disabilities can seek compensatory monetary damages pursuant to federal laws that prohibit such discrimination without exhausting the administrative process of the Individuals with Disabilities Education Act. This seemingly innocuous decision, based on two obscure procedural provisions of the IDEA, overturned decades of circuit court decisions that ruled otherwise.Perez has already had a profound effect, opening the courthouse doors for children with disabilities. In all twenty-five post-Perez decisions in which courts have considered motions to dismiss ADA or Section 504 complaints for failing to exhaust the IDEA’s administrative process, courts have, with one exception, ruled in favor of the plaintiffs. In doing so, they vacated pre-Perez decisions that dismissed ADA/504 claims for failure to exhaust, changed how they would have ruled because Perez was issued while motions to dismiss were pending, and recognized that Perez changed the law in their jurisdictions.Ripples from Perez are likely to open more doors. The exhaustion requirement is frequently an obstacle to plaintiffs who bring claims alleging race discrimination against children with disabilities under Title VI or the Equal Protection Clause. The logic of Perez should eliminate this obstacle. Courts also frequently dismiss for failure to exhaust class action lawsuits seeking to address systemic IDEA violations. Perez might have already changed this trend; citing Perez, one court allowed a class action alleging disability discrimination to proceed, denying a motion to dismiss for failure to exhaust
Repealing Single-Family Zoning Is Not Enough: A Proposal for Removing Existing Parallel Private Covenants for Violating Public Policy
Get PDFThe United States is currently suffering a pervasive and unsettling shortage of housing and increased housing unaffordability. Rents are at an all-time high, which has a disproportionate impact on people of color and people earning lower incomes as they are more likely to rent rather than owns their homes. Moreover, people solidly in the middle class are finding it increasingly difficult to purchase residences within their budgets.Critics have identified “single-family zoning”—allowing only one single-family home per lot--as a major cause of housing supply and affordability problems. In response, a handful of states and cities have recently passed legislation that voids or limits this zoning by allowing small-scale multifamily units. Proponents claim that the increased density will help address shortages, lack of affordability, and racial and social exclusion.Properties under single-family zoning may also be subject to private covenants that limit density of land use with substantive restrictions similar to those imposed by zoning. Thus, unless existing private anti-density restrictions are also removed or limited, they will still bar multi-family development even though zoning has been relaxed.After analyzing Takings arguments against voiding existing single-family covenants, this article suggests and explores a different approach. Existing single-family covenants can be voided under a longstanding doctrine that bars enforcement of covenants violating public policy. The article explores how and why the doctrine remains viable and provides the public policy basis for application to single-family covenants. It also argues that a voided covenant is not “property” requiring Fifth Amendment compensation. Thus, these covenants can be removed by government, most likely by legislation, without draining the public purse
Making a Life in America With Help From NYLS Faculty and the Safe Passage Project
Get PDFhttps://digitalcommons.nyls.edu/community_news/1072/thumbnail.jp
Finding Empathy and Resilience in the Criminal Defense Clinic
Get PDFhttps://digitalcommons.nyls.edu/community_news/1095/thumbnail.jp