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On Behalf of the Community

April 17th, 2017

Eric J. Miller* The development of the institutional approach to policing, and procedure more generally, is one of the most exciting features of criminal procedure over the past decade. More accurately, there are a series of institutional approaches—doctrinal, philosophical, sociological, empirical—that all claim that there is independent value in regulating the police, separate from the additional value of protecting suspects’ rights.

Will Your Next Emergency Room Visit be Broadcast on National Television?

March 23rd, 2017

Will Your Next Emergency Room Visit be Broadcast on National Television?

By Shaun Prunotto  American television audiences have long enjoyed “reality” programs that grant unfiltered access to emergency personnel at work. Police actions are frequently documented and broadcast by programs such as A&E’s Live PD and Cops, which recently aired its 1,000th episode. Production companies, including ABC News (“ABC”) and Discovery, expanded the genre by embedding camera crews in some of the nation’s busiest emergency rooms and trauma units. Mark Chanko’s death in 2011, however, at New York-Presbyterian Hospital (“NYP”) and its subsequent broadcast on ABC’s NY Med has resulted in proposed legislation, a $2.2 million settlement between a federal agency and NYP for violations of the federal HIPAA Privacy Rule, and an ongoing legal battle in New York’s state courts. While the effect this backlash will have on the genre’s overall feasibility is still unknown, the genre’s filming practices within New York are changing dramatically.

Progressive Movement Building in Trump’s America

March 13th, 2017

Progressive Movement Building in Trump's America

By Frank Kearl  In the wake of President Trump’s inauguration, the Women’s March sounded the beginning of a new progressive awakening with echoes of past political uprisings. American cities have always been central venues in fights for social justice. From the Boston Tea Party through the women’s suffrage movement, from the Birmingham Bus Boycott to Occupy Wall Street, people in urban centers have historically shaped the narrative around progressive movements and have helped catalyze change. Cities have begun to strike back against the anti-democratic efforts of their state courts and legislatures. By studying the organizational structures of prior social justice movements, today’s activists can build the foundation for a new era of radical social change.

New York’s “free” wifi kiosks come with a not-so-private catch

February 25th, 2017

New York’s “free” wifi kiosks come with a not-so-private catch

By Eric Hornbeck Through a program known as LinkNYC, slab-like kiosks are replacing the increasingly unused payphones on the sidewalks of New York City. The kiosks offer much more than the phone calls that can be made from payphones: the kiosks have tablets with internet access, charging stations and wifi service that expands as far as 150 feet. As more kiosks go up, it’s hard for New Yorkers not to notice them — or the ads targeted to the very pedestrians walking by.

Uncertainty for Sanctuary Cities Under Trump

January 24th, 2017

Uncertainty for Sanctuary Cities Under Trump

By Brendan Kreckel  During his eight years as president, Barack Obama deported over 2.5 million people; the most of any president in the history of the United States. President Donald Trump has promised to outdo the Obama administration in an unrealistic plan to deport 2 to 3 million people in his first 100 days in office. While the specifics of a potential crackdown are unknown, some cities across the country have reasserted their determination to resist as  “Sanctuary Cities.”

Slippery Slope of Suspicionless Searches: the “Special Needs Exception” and 10th Anniversary of MacWade

November 19th, 2016

Slippery Slope of Suspicionless Searches: the “Special Needs Exception” and 10th Anniversary of MacWade

By Shaun Prunotto  In response to commuter train bombings in Madrid (2004) and London (2005), the NYPD implemented a policy involving random, suspicionless searches of bags and packages brought into the NYC subways. The New York Civil Liberties Union (NYCLU) immediately challenged this policy, describing it as “unprecedented, unlawful,” and “unlikely to have any meaningful deterrent effect on terrorist activity.”Despite the organization’s best efforts, search checkpoints persist with the court’s blessing. Ten years out from the decision to allow subway checkpoints, and with subway ridership at its peak since 1948, record numbers of New Yorkers are vulnerable to subway searches.

A Battle to Restore Voting Rights To Those With Felony Convictions in Virginia

November 17th, 2016

A Battle to Restore Voting Rights To Those With Felony Convictions in Virginia

By Brendan Kreckel  Earlier this year, Virginia Governor Terry McAuliffe issued an executive order to restore voting rights to more individuals convicted of felonies in his state. Republican lawmakers vehemently opposed the order, bringing the matter to the Virginia Supreme Court. The court invalidated the order and required that newly registered citizens have their rights revoked once again.

NYC Looks To Open Data Portal To More Users

November 11th, 2016

NYC Looks To Open Data Portal To  More Users

By Eric Hornbeck New York City collects vast amounts of data every day on the activities of its agencies and citizens. For the last several years it has posted reams of that data, from restaurant health inspections to 311 calls, on its open data portal. As the availability and use of that data has increased, it’s also become a source of profit for one particular group of New Yorkers — those on Wall Street. That for-profit use of government data has raised some concerns, but it’s largely been off the city’s radar. Instead, the city wants to make sure its data is used by even more users, including community organizations and nonprofits.

Challenges to Achieving New York City’s Affordable Housing Goals: Reconciling Mandatory Inclusionary Housing, Community Preference Requirements, and Fair Housing Laws

May 26th, 2016

Challenges to Achieving New York City’s Affordable Housing Goals: Reconciling Mandatory Inclusionary Housing, Community Preference Requirements, and Fair Housing Laws

By Professor Andrea McArdle  I. Introduction Under the mayoral administration of Bill de Blasio, New York City has embarked on an ambitious affordable housing initiative mandating that real estate developers include below-market-rate units in rezoned areas of the city.  Although approved by the New York City Council, the policy faces continuing community opposition, the expiration of a state tax subsidy law that would have attracted developers to participate in the plan, and likely complications as a result of a lawsuit filed last year challenging a community preference provision the City enforces with its affordable housing projects. This series of developments presents a number of challenges to realizing   the City’s affordable housing goals.

Shut Out of Airbnb: A Proposal for Remedying Housing Discrimination in the Modern Sharing Economy

May 26th, 2016

Shut Out of Airbnb: A Proposal for Remedying Housing Discrimination in the Modern Sharing Economy

By Jamila Jefferson-Jones* Introduction The modern sharing economy[1] is a diverse marketplace made up of various types of organizations and structures, including shared housing.[2]  What ties these various components together is that they “generally facilitate community ownership, localized production, sharing, cooperation, [and] small scale enterprise.”[3]  The housing segment of the sharing economy is also a part of what has been termed the “experience economy.”[4]   Within the experience economy, “the crucial role of experiences [is] understood as (positive) emotions, values and identities in value creation.”[5]  Thus, in theory, the housing segment of the sharing economy combines both the community and trust elements of “sharing” and the freedom and adventure of the “experience.”