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Full-Text Articles in Law

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin Sep 2019

The Inverse Relationship Between The Constitutionality And Effectiveness Of New York City "Stop And Frisk", Jeffrey Bellin

Jeffrey Bellin

New York City sits at the epicenter of an extraordinary criminal justice phenomenon. While employing aggressive policing tactics, such as “stop and frisk,” on an unprecedented scale, the City dramatically reduced both violent crime and incarceration – with the connections between these developments (if any) hotly disputed. Further clouding the picture, in August 2013, a federal district court ruled the City’s heavy reliance on “stop and frisk” unconstitutional. Popular and academic commentary generally highlights isolated pieces of this complex story, constructing an incomplete vision of the lessons to be drawn from the New York experience. This Article brings together all …


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Jun 2017

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.


Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz Oct 2013

Qualified Immunity Developments: Not Much Hope Left For Plaintiffs, Karen Blum, Erwin Chemerinsky, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Did Congress Intend For Corporations To Benefit From The Mvra? A Look At The Legislative History Of The Mandatory Victims Restitution Act Of 1996 And The Courts’ Application Of The Mvra To Corporations, Leslie M. Villacis Mar 2013

Did Congress Intend For Corporations To Benefit From The Mvra? A Look At The Legislative History Of The Mandatory Victims Restitution Act Of 1996 And The Courts’ Application Of The Mvra To Corporations, Leslie M. Villacis

Leslie M. Villacis

This paper reflects upon the legislative interpretation of the Mandatory Victims Restitution Act of 1996 as well as the differing interpretations of the federal statute by numerous courts across the United States in order to explore whether there was a Congressional intent for corporations to benefit from the statute. The paper begins this discussion by introducing the MVRA's most recent application by the Southern District Court of New York in United States v. Gupta.


Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein May 2012

Constitutional Concerns About Capital Punishment: The Death Penalty Statute In New York State, Richard Klein

Richard Daniel Klein

No abstract provided.


Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein May 2012

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Richard Daniel Klein

No abstract provided.


Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn Jul 2011

Does New York's Death Penalty Statute Violate The New York Constitution? (Symposium: New York State Constitutional Law: Trends And Developments), Richard Klein, Hon. Stewart F. Hancock, Jr., Christopher Quinn

Richard Daniel Klein

No abstract provided.


The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis May 2011

The Crime Victim’S "Right" To A Criminal Prosecution: A Proposed Model Statute For The Governance Of Private Criminal Prosecution, Peter Davis

Peter L. Davis

The thesis of this article is that the public prosecutor should to have a monopoly on criminal prosecutions; some supplementary system of private criminal prosecution should be available. Two such systems, or models, currently exist in New York. The first model, available statewide, theoretically allows a complainant to initiate a non-felony criminal prosecution without any screening by a prosecutor or judge. This system is unwise, unworkable and illusory because it obscures the exercise of judicial discretion and focuses the court’s attention on the wrong issues, usually precluding the crime victim’s complaint. The second model, limited by statute to New York …