Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>
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Eric Garner’s death: No Justice, No Peace
Three years have passed since Eric Garner’s choking death at the hands of police officer Daniel Pantaleo, and the episode remains unresolved. The grand jury’s secrecy and its decision not to indict anyone, along with Comptroller Scott Stringer’s unusually swift civil settlement with the Garner Family, have left the public with insufficient answers and a sense that justice has been denied. Civil rights organizations and governmental investigators have made additional attempts to obtain information, but … <Read More>
The Practice of Policing; Evolution in the Police Profession
Adapted from remarks given by former NYPD Commissioner Bratton at a CityLaw Breakfast on October 7, 2016.
I would like to talk to you about the practice of policing over the last fifty years, not only in this city, but this country. New York City can rightfully claim to be the safest large city in America and, I would argue, probably one of the safest large cities in the world. And it’s something that didn’t … <Read More>
The Impact of the 2016 Amendments to the Ethics Laws
On August 24, 2016, Governor Andrew Cuomo signed Chapter 286 of the Laws of 2016 which amends the State’s ethics laws. The legislation is not a transformational game changer in the ethics arena, but does make significant changes in the State’s laws. The new law vests the Attorney General with authority to disclose sources of funding for various not-for-profit entities, expands the disclosure of all sources of funding by those engaging in lobbying, and codifies … <Read More>
Rent Stabilization: Preserving Low and Middle-Income Housing
Rent regulation is not a new issue for New York City. But the headlines in June 2015 were far larger and the reactions more contentious than at any time in recent memory. For the first time in its 46-year history, the Rent Guidelines Board decided that there would be no increase in rents for one-year renewals on rent-stabilized apartments; it also limited increases on two year renewals to two-percent. Not surprisingly, tenants hailed the decision … <Read More>
CityLaw Profile: Mark Davies, Executive Director of the Conflicts of Interest Board
After mayoral election, COIB Executive Director’s focus remains on prevention. Mark Davies is currently in his twentieth year as the Executive Director of the Conflicts of Interest Board. He is a native of Long Beach, California who moved to New York in 1968 to attend Columbia University, where he majored in German and English. Following his graduation in 1971, Davies studied Germanic Philology at Philipps-Universität in Marburg, Germany on a one year fellowship. Upon … <Read More>