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Fieldbridge Assoc. LLC v. Rivers
No full textIn a non-payment proceeding in a rent-stabilized property, the court denied the tenant\u27s motion for summary judgment, ruling that the landlord could sue for rent arrears based on the actual lease agreements rather than solely relying on the last registered rent with the DHCR. The court emphasized that the essence of the agreement between landlord and tenant, as reflected in the lease, governed the rent due, not just the last registered amount. The decision highlights the importance of lease terms in determining rent obligations in rent-stabilized properties
Haskins v. Gutierrez
No full textThis holdover proceeding, based on a 90-day termination notice, was dismissed without prejudice. The tenant successfully argued that the termination notice failed to mention her Section 8 voucher, a crucial detail required by law. The court emphasized that such notices must accurately describe the tenancy, including any Section 8 status, to fulfill regulatory requirements. As the notice was deficient and could not be amended, the petition was dismissed
Human Rights in Texas: Analyzing Operation Lone Star Through a Human Rights Framework
No full textIn 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS) under the guise of border security. For over three years, OLS has threatened the lives of migrants and U.S. citizens alike. While advocates have primarily challenged OLS under U.S. state and federal law, this Note examines arguments based on the U.S.\u27s international treaty obligations, particularly emphasizing the importance of enforcing international mechanisms of accountability. This Note analyzes OLS under three international law treaties the U.S. has ratified: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the Convention Against Torture. This Note then evaluates the international mechanisms through which these treaties can be enforced in the U.S.: the Committee on the Elimination of Racial Discrimination Committee, the Human Rights Committee, and the Committee Against Torture. By understanding the extent to which OLS violates minimum human rights standards under international law, advocates can bolster their efforts to end OLS and protect migrants and U.S. citizens from future violations of basic human rights
Intentional Parenthood, Contingent Fetal Personhood, and the Right to Reproductive Self-Determination
No full textThis Article argues that intent should govern legal parenthood, regardless of the method of conception, the person’s biological or genetic relationship to the resulting embryo/fetus, or the person’s gender. This proposition is not new. This Article adds to scholarly discourse by extending the concept: Intent should not just determine parenthood, but also fetal rights. When a pregnant person establishes their procreational intent (or lack thereof) prior to birth, then both the existence (or lack thereof) of legal protections for the embryo/fetus and the gestator’s rights and duties (or lack thereof) should flow from this intent. Non-gestating gamete contributors would do the same, to different legal effect.
Establishing intent-based parenthood would end automatic legal parenthood. It would also clearly condition most legal rights that a fetus might enjoy on its gestator’s intent, and support other rights on the intent of other gamete-contributors. The article proposes a normative framework for the conceptions of legal parenthood and legal fetal personhood under an intentional approach. It further offers some preliminary suggestions regarding how an intentional approach could solve some latent, thorny issues in bioethics, family law, and civil rights
Episode 8: The End of the Beginning
No full textThis final episode closes with some final thoughts from most of my guests about where this issue currently stands, where it could be headed, and what we should be doing with our concerns in the meantime.
Look for more episodes of Hearsay from the Sidelines coming later in 2024!
Dara Purvis (Faculty Profile)Associate Dean for Research and Partnerships & Professor of Law, Penn State LawWorks referenced: Dara E. Purvis, Transgender Children, Teaching Early Acceptance, and the Heckler’s Veto, 72 Stud. L. Pol. Soc’y 219 (2017). Dara E. Purvis, Transgender Students and the First Amendment (Forthcoming), 104 B.U. L. Rev. (2024)
Kim Yuracko (Faculty Profile)Judd and Mary Morris Leighton Professor of Law, Northwestern Pritzker School of LawWork referenced: Kimberly A. Yuracko, The Culture War Over Girls\u27 Sports: Understanding the Argument for Transgender Girls\u27 Inclusion, 67 VILL. L. REV. 717 (2022)
Erin Buzuvis (Faculty Profile)Associate Dean for Academic Affairs and Professor of Law, Western New England School of Law
Maayan Sudai (Faculty Profile)Assistant Professor of Law and of Women and Gender Studies, University of HaifaDirector, Harvard GenderSci Lab
Kurt WeaverExecutive Director, You Can Play Project
Shira Berkowitz (Organizational Bio)Senior Director of Public Policy & Advocacy, PROMO
Val MoyerResearcher,Athlete Ally
Podcasts: NPR’s Embedded: All the Only Ones, NPR Dear Schuyler, Diversion Media
Online sources and web links: Women\u27s Sports Foundation B.P.J. v. West Virginia State Board of Education, No. 23-1078 (4th Cir. 2023) John Kruzel, U.S. Supreme Court Sidesteps Fight Over Transgender Student Bathroom Access, Reuters (Jan. 16, 2024) A Timing Update on Title IX Rulemaking, U.S. Department of Education (May 26, 2023) About Project 2025 Lindsey M. Burke, Department of Education, Mandate for Leadership: The Conservative Promise, 319 (2023)https://scholarship.shu.edu/hearsay-s01/1010/thumbnail.jp
Public Health and Human Health Implications of Climate Mobility
No full textClimate change poses significant challenges at the intersection of human and public health, mobility, and international law. Adverse climate impacts undermine the quality of human and public health, contributing to increasing global mobility, while climate-impacted migrants and displaced people can experience severe health challenges in transit and in their receiving communities. Moreover, the nexus between climate change, human and public health, and mobility exacerbates pre-existing vulnerabilities, undermining human rights and implicating State obligations. As international and regional courts, including the International Court of Justice (ICJ), clarify states’ duty to protect people from the adverse impacts of climate change, it is critical to consider the nexus of human and public health and mobility. Health and mobility interact in the context of climate change in three major ways. First, numerous direct and indirect climate impacts negatively affect human and public health--including by increasing food insecurity, heat-related illnesses, and diseases resulting from limited access to clean water. These health challenges can contribute individually or collectively to the decision or need to flee home. Second, climate change intensifies the health-related risks that migrants and displaced people encounter in transit. Third, movement to urban centers in response to climate impacts may strain resources and subject displaced people to living conditions hazardous to their health, especially where receiving communities do not provide sufficient housing, resources, and access to medical care. International legal frameworks are crucial in guaranteeing the health-related rights of climate migrants and displaced people. The nexus of climate change, health, and mobility implicates a range of international legal principles and norms deriving from human rights and refugee law, including the rights to health and life and non-refoulement. Emerging international standards also encourage states to reduce greenhouse gas emissions and support adaptation in order to improve the quality of life and potentially prevent the displacement of people impacted by climate change and climate-related disasters.
This paper uses a law and science perspective to examine the critical nexus of climate change, mobility and human and public health. It surveys scientific evidence linking climate change to adverse health outcomes and human mobility, considering the impacts of both sudden and slow-onset climate events. This report seeks to inform the ICJ’s consideration of States\u27 obligations regarding climate protection by identifying international legal standards and state obligations to protect the health and wellbeing of climate-impacted people, including those who move internally or across borders. The report also serves as a resource for advocates and 2 governments on the effects of climate mobility on human health and public health and defines legal interventions and policies that can protect and improve human and public health in a changing climate. While efforts to mitigate climate change are paramount, irreversible environmental changes necessitate anticipatory measures to protect migrants and displaced people, both in transit and in destination communities. States must uphold refugee and human rights law, refrain from returning people to danger, offer safe mobility pathways, and guarantee non-discriminatory access to resources and services essential to protect human and public health
