AI and Legal Education

Eflon CC BY 2.0

I was interviewed in the Forum (Cornell Law School’s Alumni Magazine) about AI and Legal Education. It reads, in part:

When she first began her legal studies at Cornell, [Jessica Rosberger ’26] says many students didn’t want to disclose they were using AI (“it felt like academic dishonesty”) but now it is “explicitly discussed” and used as a tool in studies and research. “I feel confident now going into practice to understand how the technology is evolving. I don’t know where it’s going, but I want to keep up with it,” says Rosberger, who joins the Manhattan District Attorney’s office after graduation. “In my view, Cornell is maintaining its integrity as a top law school by integrating AI into coursework and clinics. We have a professional responsibility to keep up with the technology and the platforms available to us.”

This sense of responsibility is especially evident at Cornell Tech, which offers courses and programs—including a Master of Laws (LL.M.) in Law, Technology, and Entrepreneurship degree—bringing together experts in engineering, computer science, design, business, and law “to build the foundations for new digital technologies—especially AI.”

“Our faculty are thought leaders in artificial intelligence and machine learning,” says David Reiss, clinical professor of law and research director of the Blassberg-Rice Center for Entrepreneurship Law. “The Law School has always been committed to ensuring that our graduates are practice ready. The integration of AI into the curriculum provides them with better tools. It will make them better lawyers and give them a leg up in practice.”

Reiss co-authored an article in Bloomberg Law explaining why law schools should teach how to integrate AI into practice. “Different AI products lead to wildly different results. Just demonstrating this to law students is very valuable, as it dispels the notion that AI responses can replace their independent judgment,” writes Reiss. Simulations were designed in which students were asked to complete the same transactional tasks, like drafting a contract or creating a client email, using different AI tools. The results were different because each platform drew from different sources or used different algorithms to interpret language—some provided a helpful first draft, while others did not, or even hallucinated.

“Our goal is student learning. It was for this reason that we like to deploy the AI tools at the end of our exercises: You do the work and then interrogate it with the AI tools of your choice,” explains Reiss. Just recognizing the capacity for different platforms to produce different results is critical. “AI is not a replacement for lawyers. We want our students to understand how it can be an enhancement for lawyers. It can increase efficiency and help meet tighter deadlines. The lawyers who adapt to AI will succeed and those who put their heads in the sand will fall behind.”

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Some law students are already trying to improve AI for practical usage. When Biying Cheng ’25 was at Cornell Tech’s Entrepreneurship Clinic, she assisted a client who designed an AI chatbot to help tenants deal with landlord issues and housing court. “We devised questions to test what level of detail the chatbot could and should provide, considering legal liability and jurisdictional issues,” says Cheng, who was already comfortable with AI. “I’m not a native speaker, and ChatGPT helped me draft emails, outline memos, and find resources. I called it Professor G and asked it to explains words I was unfamiliar with.”

Cheng’s pursuit of a J.D. came after receiving a master’s in international finance from Columbia University and a B.A. from The Chinese University of Hong Kong. Her work with the AI chatbot was a full-circle moment for someone who had witnessed Chinese students in Hong Kong participating in protests because of a serious housing problem. She saw how the law and AI could help New York City tenants facing housing issues. Cheng also co-authored an article with Professor Reiss on the real world impact of crypto and blockchain on tenants and real estate investors.

“The legal industry tends to be pretty conservative,” says Cheng, who now clerks for the U.S. District Court, Eastern District [of New York]. “But lawyers should want to become fluent in AI as a way to understand how it can impact lives in better ways.”

“We’re going to look to our younger colleagues to move us forward,” says Reiss. He believes that AI can help “refine legal judgment” with the right kind of prompting and critical review. AI can help lawyers “stress test” their own reasoning , identify blind spots, and learn about novel issues.

Current Issues in Affordable Housing in New York City

New York City Bar

I will be moderating a panel on Rent Freezes, the Housing Stability and Tenant Protection Act of 2019 (HSTPA), and Nonpayment at this in-person New York City Bar program on May 7th. The registration link is here and the full program description is below:

Description:

This program will provide an inside perspective on the future of affordable housing in New York City.  Seasoned practitioners from the private and public sectors will discuss the role of the city, state and federal governments, in conjunction with for-profit developers and not-for-profit organizations, in building and preserving affordable housing. Participants will learn about the statutory, regulatory and business considerations underlying critical topics in affordable housing.

Three expert panels will present on the following:

    • Rent Freezes, the Housing Stability and Tenant Protection Act of 2019 (HSTPA), and Nonpayment
    • The Community Opportunity to Purchase Act (COPA)
    • Case Study – Office to Residential Conversions

The detailed agenda for the day follows.

9:00 am – 9:05 am        Introduction & Program Overview

Farhana H. Choudhury, Associate Counsel/Chief of Staff for Legal at NYSHCR

Julia A. Solo, Senior Vice President & Counsel at Federated National Land

9:05 am – 10:05 am       Panel 1: Rent Freezes, the Housing Stability and Tenant Protection Act of 2019 (HSTPA), and Nonpayment

This panel will focus on the impacts of the HSTPA that have limited rent increases for things like apartment and major capital improvements, the Mamdani administration’s proposal for an extended rent freeze, and post-pandemic rent collection challenges.

Organizers:

Farhana Hassan Choudhury, Associate Counsel/Chief of Staff for Legal

Andrew M. Darcy, Pro Bono Counsel at Cleary Gottlieb Steen & Hamilton LLP

Moderator:

David Reiss, Professor, Cornell Law School

Panelists: 

Doug Apple, CEO, 1811 Consulting

Rafael Cestero, CEO, Community Preservation Corporation (CPC)

Tim Collins, Partner, Collins Dobkin & Miller LLP

Rob Ehrlich, Partner, Lazarus Karp Ehrlich McCourt, LLP

Topics will Include

    • Trends in Court
    • Long-Term Sustainability & Expectations Over the Next 5-10 Years
    • Potential Solutions
    • Public Commission

Question & Answer Session Conclusions

10:05 am – 10:15 am    Break

10:15 am – 11:15 am     Panel 2: The Community Opportunity to Purchase Act (COPA)

This panel will discuss the current status of the Community Opportunity to Purchase Act (COPA).  In December 2025, COPA passed the City Council but was vetoed by outgoing Mayor Adams on his last day in office. Mayor Mamdani and new City Council Speaker Menin did not attempt a veto override when the new City Council was seated in January, and the bill which passed City Council in December is effectively dead for the time being, although many advocates and politicians, including Mayor Mamdani, have vowed to continue the fight for COPA. It’s not clear where COPA will stand in May, but this panel will examine the history and advocacy behind COPA, its operation in Washington, DC and San Francisco, and potential constitutional challenges to the law.

Organizers:

Gerrald Ellis, Deputy General Counsel, Paths Development

Alexandra Hohauser, Associate at Nixon Peabody LLP

Moderator:

Gerrald Ellis, Deputy General Counsel, Paths Development

Panelists:

Erica F. Buckley, Partner, Nixon Peabody LLP

Arielle Hersh, Director of Policy and New Projects, UHAB

Topics will Include

    • Overview of COPA, as proposed, in NYC
    • Current status of COPA in NYC
    • Discussion of the main sticking points in even getting COPA passed
    • Discussion of COPA in Washington, DC and San Francisco
    • Potential constitutional challenges

Question & Answer Session  Conclusions

11:15 am – 11:25 am     Break

11:25 am – 12:25 pm     Panel 3: Office to Residential Conversions that include Affordable Housing

This panel will discuss the challenges and benefits to office-to-residential conversions in New York City, including land use considerations, challenges in design, the unique considerations of financing, the 467-m tax incentive and case studies.

Organizers:

Daniel M. Bernstein, Member and Leader of the Tax Incentives and Affordable Housing Department at Rosenberg and Estis, P.C.

Zachary L. Nathanson, Senior Associate Attorney at Adler & Stachenfeld LLP

Moderator:

Daniel M. Bernstein, Member and Leader of the Tax Incentives and Affordable Housing Department at Rosenberg and Estis, P.C.

Panelists: 

John Cetra, FAIA, Co-Founder, CetraRuddy Architecture D.P.C.

Tricia Dietz, Assistant Commissioner for Housing Incentives, NYC Department of Housing Preservation and Development

Alexander Tendler, Vice President at Vanbarton Group

Daniel Weisen, Senior Director at Eldridge Capital Management

Topics will Include

    • Land Use Considerations
    • Partial Conversions
    • Design Considerations in the Conversion Process
    • 467-m: Eligibility Considerations
    • 467-m: Applying for Tax Exemption Benefits
    • Lender Considerations
    • Case Studies

Question & Answer Session Conclusions

12:25 pm – 12:30 pm     Closing Remarks

Farhana H. Choudhury, Associate Counsel/Chief of Staff for Legal at NYSHCR

Julia A. Solo, Senior Vice President & Counsel at Federated National Land

Selling Yourself When You Have A Broker

image by Russellprisco

Realtor.com quoted me in Selling Your House Privately If You Have a Listing Agent: OK or a Big N-O? It opens,

So your home is for sale, and you’ve signed a contract with a real estate agent, but you were actually able to nab a buyer through your own efforts. Maybe it was through word of mouth or your aggressive push on Facebook (you should really apologize to your friends for posting so many pictures of your house!), but someone is writing you an offer and really wants to buy your house. Having found a buyer on your own, are you still legally obligated to pay real estate fees or commission? Here’s how to know if you’re on the hook.

Read your listing agreement

In most states, a seller and an agent draw up something called a listing agreement. The listing agreement details the rights and responsibilities of the seller and the broker, and usually outlines the circumstances when a broker is due a commission.

“If it is an open listing or an exclusive agency listing, the seller can sell the property and not have to pay the broker a commission,” says David Reiss, professor of law at Brooklyn Law School
.

Things get tricky if the listing agreement confers an exclusive right to sell. This means the real estate agent has the sole right to sell the property. All offers must go through him or her, and for any sale, you’re obligated to pay the agent the commission spelled out in the contract, according to Marc D. Markel, a board-certified Texas attorney in residential and commercial real estate law. Agents rely on these exclusive listing agreements to avoid putting in what can be months of free work without seeing a payoff. For this reason, the agreement outlines the many ways an agent earns a commission, including what happens if the seller breaches the exclusive agreement.

The loopholes

If the sellers do find a buyer on their own, despite having a contract with an agent, they may be able to negotiate a reduced commission with the agent. But the sellers should be up-front about their potential to find their own buyer when drawing up the exclusive-right-to-sell listing agreement, says Markel. Maybe they know of a friend of a friend who is looking for a house, or they plan on marketing their home on social media.

If the sellers feel as if they are doing all the work, they might also be able to modify the existing agreement and add a termination if the broker doesn’t meet certain obligations, like selling the home within a certain time frame, says Sandy Straley, a real estate agent in Layton, UT. Other obligations for the listing could include organizing open houses, creating and distributing printed materials, and even the posting of videos shot by drones, says Markel.