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Bronx 1134 W. Farm Rd. LP v. Arriaga
The tenant in a rent-stabilized apartment sought to amend their answer to raise warrant of habitability and overcharge defenses. The landlord opposed the overcharge defense. The court granted the tenant\u27s motion to amend to include the warrant of habitability defense but denied the motion to include the overcharge defense. The court found that the tenant failed to adequately plead the existence of a fraudulent scheme to deregulate the apartment
Wrongful Conviction Day Speaker Event
Wednesday, October 2, 2024 | 12:30 PM | Eck Hall of Law, Room 3130
The Notre Dame Exoneration Project and the Notre Dame Exoneration Justice Clinic will be observing Wrongful Conviction Day. Please join us in welcoming Leon Benson for a lunchtime talk on his experience of being wrongfully incarcerated for 25 years for a murder he did not commit.
Sponsor: Notre Dame Exoneration Project, Exoneration Justice Clinichttps://scholarship.law.nd.edu/ndls_posters/1905/thumbnail.jp
Music Borrowing and Copyright Law: A Genre-by-Genre Analysis
Edited by Enrico Bonadio and Chen Wei Zhu, Music Borrowing and Copyright Law: A Genre-by-Genre Analysis confronts the valuable task of addressing the following points of significance: First, the relationship between copyright law and music borrowing is dynamic. Second, copyright and music borrowing have most often been considered and centred around a Western perspective. Third, there is a concern that copyright may stifle creativity in the music space. And fourth, the relationship between copyright law and music requires a fulsome review to better understand the borrowing norms and practices of musicians.
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Music Borrowing and Copyright Law: A Genre-by-Genre Analysis is an essential addition to any IP or music collection in an academic library. The novelty and value of this curated collection is that it extends the discussion of music borrowing to new, often overlooked regions and genres of music. It also addresses copyright through the intertwining historical cultural practices and norms that have been overlooked. The chapters in this collection would make excellent reading for courses on IP, copyright, music history, and specific genres of music. Finally, anyone interested in music or IP at a general level will find this collection fascinating
Articulating and Claiming the Right to Stay in the Context of Climate Change
Climate-related displacement is a topic of increasing concern in both academic research and the political, social, and humanitarian spheres. As many seek to develop legal regimes that will allow those living in the most climate-affected areas to move with dignity, individuals and communities living in these countries, regions, and localities are often resistant to the idea of migration as their best adaptation option, and instead call for policy choices that will allow them to stay in place. In this article we seek to legally situate these calls for a right to stay and examine the specific forms that they are taking on the ground. We suggest that there is a typology of right to stay claims, ranging from classic claims—primarily against local government or private actors, against takings or for protection from forced eviction or relocation—to more expansive claims for revised economic, social, or environmental policies to address the underlying drivers of displacement, which may also involve national government and even the international community. We argue that the full range of these different types of claims have relevance in the climate change context, and that such claims may have important legal, moral, and discursive power in efforts to meaningfully address climate change-related displacement in a manner consistent with the rights of those most affected
Good Lawyers, Good Sports?: The Professional Identity of Sports Lawyers Representing Not-For-Profit Entities
ABA accreditation standards require law schools to develop students’ professional identity, including by encouraging “an intentional exploration of” the legal profession’s “values [and] guiding principles.” This Essay invites legal academia as well as practitioners to explore issues of legal ethics, professionalism, and, especially, professional identity in the context of a new area of legal practice: sports lawyers’ representation of “NIL collectives,” which are not-forprofit entities that college boosters establish to enable college athletes to benefit financially from their name, image and likeness (“NIL”). The work of sports lawyers advising NIL collectives offers an interesting case study for considering how professional values might come into play when lawyers counsel clients and particularly when lawyers counsel not-for-profit entities. NIL collectives may be skirting the tax laws that require not-for-profit entities to serve a public, not private, purpose or circumventing the NCAA’s rules, which forbid its member universities from using NIL compensation to recruit athletes. Even if they are not breaking the law, the collectives may appear to be acting unfairly in how they use financial inducements to assemble winning teams. Lawyers advising NIL collectives might take different views of whether to prompt the client’s representatives to consider the rightness or fairness of the enterprise. Their decision whether and how to counsel their clients about “fair play” in this context will be informed by their sense of professionalism and their understanding of professional values, which are not fixed and uncontested. Among other things, this example illustrates that broadly accepted professional values are only a small subset of the values that shape individual lawyers’ professional identity, influencing how they conduct their work. Therefore, to a large extent, law schools’ role in developing future lawyers’ professional identity requires helping students ascertain their own professional values and how their values apply to particular work