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Full-Text Articles in Law
New York's Post-Verdict Scheme For The Treatment Of Insanity Acquittees: Balancing Public Safety With Rights Of The Mentally Ill, Larry Cunningham
New York's Post-Verdict Scheme For The Treatment Of Insanity Acquittees: Balancing Public Safety With Rights Of The Mentally Ill, Larry Cunningham
Journal of Civil Rights and Economic Development
(Excerpt)
In this Article, I will explore both the statutory workings of the insanity review system in New York and examine ways in which CPL § 330.20 can be improved. In Part I, I will provide a detailed account of how a typical insanity review moves through the system. In Part II, I will explore the ways in which CPL § 330.20, as currently written, protects both the public and individual rights. In Part III, I will propose modest reforms to improve the law.
Social Justice In The Surrogate's Courts, Margaret Valentine Turano
Social Justice In The Surrogate's Courts, Margaret Valentine Turano
Journal of Civil Rights and Economic Development
(Excerpt)
When the Journal of Civil Rights and Economic Development put out a call to the St. John's faculty for papers for this symposium, I knew I wanted to participate. How interesting, I thought, to view our respective disciplines through the lens of racial, social and economic justice. My area of expertise is Trusts & Estates, and at first blush the link between Trusts & Estates and social justice may seem attenuated, but the Surrogate's Courts are always abuzz with fiduciary issues, where one person is entrusted to safeguard another's interests, and in that context issues of social justice bubble …
Bankruptcy Reform And Economic Recovery, G. Ray Warner
Bankruptcy Reform And Economic Recovery, G. Ray Warner
Journal of Civil Rights and Economic Development
(Excerpt)
In 2005, following years of intensive lobbying by the consumer credit industry, the focus of the consumer bankruptcy law was changed from the liberal debtor-focused "fresh start" approach embodied in the 1978 Bankruptcy Code to a creditor-focused "can pay/must pay" approach. Although the shift to a can pay/must pay system started years earlier to address perceived abuses, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") completed that shift by engrafting onto the bankruptcy law a fairly strict and largely objective test for determining a debtor's ability to repay debt and by setting forth channeling rules designed …
Sense And Sentencing: Our Imprisonment Epidemic, Michael A. Simons
Sense And Sentencing: Our Imprisonment Epidemic, Michael A. Simons
Journal of Civil Rights and Economic Development
(Excerpt)
Over the past thirty years, the most important sentencing development has not been the legislative adoption of mandatory guidelines, or the judicial creation of advisory guidelines, or the adoption of a wide variety of guidelines systems in the states, or the widespread elimination of parole, or the abandonment of rehabilitation as a sentencing goal. No, the most important sentencing development has been our rejection of the principal of parsimony: the notion that a sentence should be as long as - but no longer than - necessary to accomplish the goals of punishment. Instead, we have replaced parsimony with severity, …
Caught In A Time Warp: The Education Rights Of English Language Learners, Rosemary Salomone
Caught In A Time Warp: The Education Rights Of English Language Learners, Rosemary Salomone
Journal of Civil Rights and Economic Development
(Excerpt)
Although the United States has long experience in educating children from immigrant families, the role the home language should play in the education of those who are not proficient in English remains politically charged and unresolved. For the past four decades, since the first infusion of federal funds that support programs for what are now called "English Language Learners," this question has engaged educators, policy makers, and researchers in a heated debate centering on bilingual education versus English-Only instruction. The first approach generally uses the child's home language either as a transitional bridge to learning English or, less commonly, …