Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

New York Law School

Series

2019

Articles 31 - 35 of 35

Full-Text Articles in Law

Board Governance For The Twenty-First Century, Faith Stevelman, Sarah C. Haan Jan 2019

Board Governance For The Twenty-First Century, Faith Stevelman, Sarah C. Haan

Articles & Chapters

No abstract provided.


A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt Jan 2019

A World Of Steel-Eyed Death: An Empirical Evaluation Of The Failure Of The Strickland Standard To Ensure Adequate Counsel To Defendants With Mental Disabilities Facing The Death Penalty, Michael L. Perlin, Talia Roitberg Harmon, Sarah Chatt

Articles & Chapters

Anyone who has been involved with death penalty litigation in the past four decades knows that one of the most scandalous aspects of that process—in many ways, the most scandalous—is the inadequacy of counsel so often provided to defendants facing execution. By now, virtually anyone with even a passing interest is well versed in the cases and stories about sleeping lawyers, missed deadlines, alcoholic and disoriented lawyers, and, more globally, lawyers who simply failed to vigorously defend their clients. This is not news.

And, in the same vein, anyone who has been so involved with this area of law and …


Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen Jan 2019

Legal Vs. Non-Legal Responses To Hateful Expression, Nadine Strossen

Articles & Chapters

This chapter explains the understanding of all who seek to advance both free speech and equality anywhere in the world. It discusses supports the conclusions of many expert individuals and organizations around the world – that counterspeech and other non-censorial alternatives are much more likely than hate speech laws to prove effective in limiting hate speech and its possible harmful effects. Social scientists have confirmed that counterspeech by leaders in the pertinent community is especially persuasive in rebutting hateful speech and in countering its potential harmful effects. Speech that counters the potentially harmful impact of hate speech comprises a broad …


“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused Jan 2019

“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused

Articles & Chapters

No abstract provided.


Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused Jan 2019

Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused

Articles & Chapters

This article explores the anomalous ways in which copyright owners may control use of works they publicly display. Treatment of rights associated with publicly displayed sculpture and architecture are dramatically different. The copyright statute deprives owners of copyrights in constructed buildings of the ability to police the ways in which imagery or other uses of the publicly visible structure may be exploited by others. This article focuses on three related but different settings involving the public display of (1) a work of graffiti, (2) a large-scale sculpture, and (3) a building with sculptural features. Through an analysis of the differences …