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Articles 1 - 10 of 10
Full-Text Articles in Law
Order Of Protection Or Deportation? How Civil Orders Of Protection Entangle Noncitizens And Their Families In The Immigration And Criminal Legal Systems, Creating The Harm That They Were Intended To Prevent., Sarah E. Corsico
Brooklyn Law Review
A civil protection order can act as an important form of relief for an individual experiencing violence; however, it can also bring extreme complications and consequences for noncitizens. Unlike its intended purpose as a remedy separate from punitive state systems, civil protection orders can replicate the harm of the criminal legal system for noncitizens—barring someone from gaining immigration status, delaying applications, impacting international travel, and at its worst, resulting in deportation. Despite the high stakes nature of these proceeding, for the most part, there is no right to assigned counsel in civil protection order cases. As a result, many individuals …
Transcript – Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Transcript – Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen
Journal of Law and Policy
In honor of Professor Susan Herman’s distinguished academic career and tenure as the ACLU’s president, a panel was held on Friday, October 13, 2023 at Brooklyn Law School and on Zoom to discuss the current state of civil liberties in the United States. The participants also discussed Professor Herman’s new book, Advanced Introduction to US Civil Liberties. The transcription below captures the discussion among Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero,and Nadine Strossen. All panelists have approved of the overall substantive accuracy of this transcription. Any remaining errors in this transcript should be attributed to the Journal of Law …
Shantay You Stay: Keeping Kids At Drag Shows, Zackary W. Harris
Shantay You Stay: Keeping Kids At Drag Shows, Zackary W. Harris
Journal of Law and Policy
Groomers. Pedophiles. Sexual Predators. All these words and phrases represent an age-old campaign by conservatives and right-wing politicians to persecute the LGBTQ+ community and stoke an unfounded fear amongst their base that LGBTQ+ people are harmful to children. In recent years, conservatives have focused these narratives on specific subsets of the LGBTQ+ community, particularly drag artists and performers. This has resulted in a significant backlash against the drag community in the form of protests, violence, and criminalization of drag performers. Rather than turning drag performers into a scapegoat for conservative politicians’ own ineptitude, our society should holistically embrace and support …
Toward “The Most Freedom”: Decriminalizing Sex Work Alleviates Housing Discrimination And Housing Instability Faced By Sex Workers In New York City, Bianca B. Li
Journal of Law and Policy
While sex work has been incrementally decriminalized in New York City, statutes that criminalize some forms of sex work remain good law in New York City and generate potentially life-altering penalties for sex workers who are arrested or convicted under these laws. This leads to complications for sex workers who seek to rent apartments. The New York City Human Rights Law, the City’s anti-discrimination statute, does not offer explicit protection to sex workers against housing discrimination, and two criminal laws penalize property owners for allowing sex work to occur on or near their premises. This Note explores the shortcomings of …
A Not-So Turkish Delight: The Implications Of Turkey’S Unprecedented Withdrawal From A Groundbreaking Women’S Rights Treaty And The Need For International Reform, Allyssa Myers
Brooklyn Journal of International Law
Domestic violence against women is one of the most pervasive and pressing international issues of our time. There have been multiple international human rights treaties enacted to address this issue and move to end gender-based violence—the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (Istanbul Convention) being one. Created in 2011, the Istanbul Convention sought to provide an international legal framework for how states should work toward eradicating gender-based violence. Turkey, the first country to sign and to subsequently ratify the Istanbul Convention, unprecedently withdrew from the Convention in 2021. Turkish President Recep Tayyip …
African Courts And International Human Rights Law, John Mukum Mbaku
African Courts And International Human Rights Law, John Mukum Mbaku
Brooklyn Journal of International Law
The UN General Assembly adopted the Universal Declaration of Human Rights in 1948 and since then, the international community, with the help of the United Nations, has adopted other international human rights instruments designed to recognize and protect human rights. Since international human rights instruments do not automatically confer rights that are justiciable in domestic courts, each African country must domesticate these instruments in order to create rights that are justiciable in its domestic courts. Given the fact that many African countries have not yet domesticated the core international human rights instruments, international human rights law’s ability to positively impact …
Weaponizing Peace, Yuvraj Joshi
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
Brooklyn Law Review
This article disrupts the false narrative of white supremacism that has, for more than a century, cast American land use law as race neutral. In doing so, this article builds on an important but underdeveloped body of legal scholarship elucidating zoning law’s role in creating and perpetuating a separate and unequal dual housing system. It provides primary historical evidence and a clear narrative demonstrating that the defining feature of American zoning law—a strict residential use taxonomy that privileges neighborhoods of restrictively regulated single-family homes and burdens less restrictively regulated residential areas—emerged directly from the facially race-based and facially neutral, but …
Leave Your Phone At Home: Combatting Data Exploitation In A Post-Dobbs America, Danielle Terracciano
Leave Your Phone At Home: Combatting Data Exploitation In A Post-Dobbs America, Danielle Terracciano
Journal of Law and Policy
This Note comments on the dangers of an under-regulated data privacy sphere and highlights the particularly troubling threats posed to individuals seeking reproductive healthcare. In an ever-digitalizing world, smart phone and device users are subjected to violative data practices, like geofencing and location tracking, without their knowledge or consent. Some data service providers use personal data as a commodity to advance advertising or political objectives. Reproductive healthcare patients are at a heightened risk of exploitation because their personal data may infer or reveal their private healthcare decisions. As the fight for bodily autonomy was upended by the Supreme Court’s decision …
Stories From The Negative Spaces: United States V. Thind And The Narrative Of (Non)Whiteness, Joy Kanwar
Stories From The Negative Spaces: United States V. Thind And The Narrative Of (Non)Whiteness, Joy Kanwar
Faculty Scholarship
No abstract provided.