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Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg Dec 2014

Actual Innocence In New York: The Curious Case Of People V. Hamilton, Benjamin E. Rosenberg

Res Gestae

It is rare for a case from the New York Appellate Division to be as significant as People v. Hamilton. The case, however, was the first New York appellate court decision to hold that a defendant might vacate his conviction if he could demonstrate that he was “actually innocent” of the crime of which he was charged. Although the precedential force of the decision is limited to the Second Department, trial courts throughout the state are required to follow Hamilton unless or until the appellate court in their own Department rules on the issue. Courts throughout the state are thus ...


Stein Center News - December 2014, Stein Center For Law And Ethics Dec 2014

Stein Center News - December 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.


Stein Center News - September 2014, Stein Center For Law And Ethics Sep 2014

Stein Center News - September 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.


Stein Center News - June 2014, Stein Center For Law And Ethics Jun 2014

Stein Center News - June 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.


Fisa Surveillance And Aliens, Amit K. Chhabra May 2014

Fisa Surveillance And Aliens, Amit K. Chhabra

Res Gestae

No abstract provided.


Stein Center News - February 2014, Stein Center For Law And Ethics Feb 2014

Stein Center News - February 2014, Stein Center For Law And Ethics

Stein Center News

No abstract provided.


A Tribute To Ronald Coase: A Legend Misunderstood, Philip L. Fraietta Jan 2014

A Tribute To Ronald Coase: A Legend Misunderstood, Philip L. Fraietta

Res Gestae

No abstract provided.


Don't Give Up On Taxes, Linda Sugin Jan 2014

Don't Give Up On Taxes, Linda Sugin

Faculty Scholarship

Professor Sugin discusses professor Edward D. Kleinbard's latest book, We are Better Than This (2015, Oxford) about the fiscal system and the broader implications of progressive taxation as a policy goal.


What Is Philosophy Of Criminal Law?, Review Of The Oxford Handbook Of Philosophy Of Criminal Law By John Deigh & David Dolinko, Eds., Youngjae Lee Jan 2014

What Is Philosophy Of Criminal Law?, Review Of The Oxford Handbook Of Philosophy Of Criminal Law By John Deigh & David Dolinko, Eds., Youngjae Lee

Faculty Scholarship

No abstract provided.


Preparing Law Students To Become Litigators In The New Legal Landscape, Paul Radvany Jan 2014

Preparing Law Students To Become Litigators In The New Legal Landscape, Paul Radvany

Faculty Scholarship

The legal world has undergone rapid change over the past few years and law schools and law students are in the midst of adjusting to this new legal landscape. Employers increasingly want to hire students who are ready to practice. As a law student, I participated in an externship, simulation classes, and an in-house, live-client litigation clinic; as a professor, I have taught all three types of classes. 1 My experience, first as a law student, then as a litigator, and now as a professor, has taught me the importance and educational value of experiential learning in helping law students ...


Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John Pfaff Jan 2014

Escaping From The Standard Story: Why The Conventional Wisdom On Prison Growth Is Wrong, And Where We Can Go From Here, John Pfaff

Faculty Scholarship

Whether as a result of low crime rates, the financial pressures of the 2008 credit crunch, or other factors, policymakers on both sides of the aisle are trying to rein or even reduce the US incarceration rate after an unprecedented forty-year expansion. Unfortunately, reforms are hampered by the fact that we do not have a solid empirical understanding of what caused the explosion in the first place. In fact, the "Standard Story" of prison growth generally overemphasizes less important factors and overlooks more important ones. This essay thus does two things. First, it points out the flaws in five key ...


Volunteerism And Transition, John Feerick, Jessica Thaler Jan 2014

Volunteerism And Transition, John Feerick, Jessica Thaler

Faculty Scholarship

No abstract provided.


Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout Jan 2014

Constitutional Purpose And The Anti-Corruption Principle, Zephyr Teachout

Faculty Scholarship

What was the purpose of the American Constitution? What was it made to do by those who made it? This question — which might be at the center of constitutional theory — is not explicitly asked as often as one might think. Instead, it frequently takes a backseat to other questions about the appropriate mode of constitutional interpretation or the specific purposes of particular texts. And yet it is an important question. How did the Framers (and then the second Framers, the amenders) imagine their own purposes? What are legitimate ways to determine their purposes? Most importantly for the purposes of this ...


Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia Katyal Jan 2014

Encouraging Engaged Scholarship: Perspectives From An Associate Dean For Research, Sonia Katyal

Faculty Scholarship

No abstract provided.


The Forgotten Law Of Lobbying, Zephyr Teachout Jan 2014

The Forgotten Law Of Lobbying, Zephyr Teachout

Faculty Scholarship

For most of American history, until the 1950s, courts treated paid lobbying as a civic wrong, not a protected First Amendment right. Lobbying was presumptively against public policy, and lobbying contracts were not enforced. Paid lobbying threatened the integrity of individuals, legislators, lobbyists, and the integrity of society as a whole. Some states had laws criminalizing lobbying; Georgia had an anti-lobbying provision in its Constitution. Inasmuch as there was a personal right to either petition the government, or share views with officers of the government, this right was not something one could sell -- it was not, in the term used ...


Neoliberal Political Law, Zephyr Teachout Jan 2014

Neoliberal Political Law, Zephyr Teachout

Faculty Scholarship

No abstract provided.


Lethal Injection Chaos Post-Baze, Deborah W. Denno Jan 2014

Lethal Injection Chaos Post-Baze, Deborah W. Denno

Faculty Scholarship

In 2008, with Baze v. Rees, the Supreme Court broke decades of silence regarding state execution methods to declare Kentucky’s lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. In the six years after Baze, legal challenges to lethal injection soared as states scrambled to quell litigation by modifying their lethal injection protocols. My unprecedented study of over 300 cases citing Baze reveals that such modifications have occurred with alarming frequency. Moreover, even as states purportedly rely on the Baze opinion, they have changed their lethal injection protocols in inconsistent ways that bear little resemblance ...


Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile Jan 2014

Beyond Title Vii: Rethinking Race, Ex-Offender Status, And Employment Discrimination In The Information Age, Kimani Paul-Emile

Faculty Scholarship

More than sixty-five million people in the United States—more than one in four adults—have had some involvement with the criminal justice system that will appear on a criminal history report. A rapidly expanding, for-profit industry has developed to collect these records and compile them into electronic databases, offering employers an inexpensive and readily accessible means of screening prospective employees. Nine out of ten employers now inquire into the criminal history of job candidates, systematically denying individuals with a criminal record any opportunity to gain work experience or build their job qualifications. This is so despite the fact that ...


Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline M. Nolan-Haley, James Kwasi Annor-Ohene Jan 2014

Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline M. Nolan-Haley, James Kwasi Annor-Ohene

Faculty Scholarship

Ghana enacted comprehensive alternative dispute resolution legislation in 2010 with the specific goals of providing access to justice and promoting domestic and foreign direct investment (The Act). A significant aspect of the Act was the inclusion of customary arbitration and mediation. The focus of this Article is on mediation as this is the first time that mediation has been included in a statute in Ghana. The Act’s definition of mediation reflects an understanding of the mediation process based upon the western values of individual autonomy and party self-determination. These principles represent a significant departure from the more communal values ...


Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems Jan 2014

Citations To Foreign Courts -- Illegitimate And Superfluous, Or Unavoidable? Evidence From Europe, Martin Gelter, Mathias M. Siems

Faculty Scholarship

The theoretical arguments in favour and against citations to foreign courts have reached a high degree of sophistication. Yet, this debate is often based on merely anecdotal assumptions about the actual use of cross-citations. This article aims to fill this gap. It provides quantitative evidence from ten European supreme courts in order to assess the desirability of such cross-citations. In addition, it examines individual cases qualitatively, developing a taxonomy of cross-citations based on the degree to which courts engage with foreign law. Overall, this article high-lights the often superficial nature of cross-citations in the some courts; yet, it also concludes ...


Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra Kavame Eroglu Jan 2014

Whose Trojan Horse? The Dynamics Of Resistance Against Ifrs, Martin Gelter, Zehra Kavame Eroglu

Faculty Scholarship

The introduction of International Financial Reporting Standards (“IFRS”) has been debated in the United States since at least the accounting scandals of the early 2000s. While publicly traded firms around the world are increasingly switching to IFRS, often because they are required to do so by law or by their stock exchange, the Securities Exchange Com-mission (“SEC”) seems to have become more reticent in recent years. Only foreign issuers have been permitted to use IFRS in the United States since 2007. By contrast, the EU has mandated the use of IFRS in the consolidated financial statements of publicly traded firms ...


Privacy In Public, Joel R. Reidenberg Jan 2014

Privacy In Public, Joel R. Reidenberg

Faculty Scholarship

As government and private companies rapidly expand the infrastructure of surveillance from cameras on every street corner to facial recognition for photographs on social media sites, privacy doctrines built on seclusion are at odds with technological advances. This essay addresses a key conceptual problem in US privacy law identified by Justice Sotomayor in U.S. v. Jones and by Justice Scalia in Kyllo v. U.S.; namely that technological capabilities undermine the meaning of the third-party doctrine and the 4th Amendment's ‘reasonable expectation of privacy’ standard. The essay argues that the conceptual problem derives from the evolution of three ...


The Child-Welfare System And The Limits Of Determinacy, Clare Huntington Jan 2014

The Child-Welfare System And The Limits Of Determinacy, Clare Huntington

Faculty Scholarship

Robert Mnookin’s article, Child-Custody Adjudication: Judicial Functions in the Face of Indeterminacy, is a classic. His insights into the substance and process of family law have influenced scholars for nearly four decades. This essay, written for a symposium marking the upcoming anniversary of the article, demonstrates that Congress adopted many of Mnookin’s proposals to introduce greater determinacy into the child welfare system. And yet the problems he described nearly forty years ago sound all too familiar today. After engaging in a detailed analysis of the reforms, I argue that with the evidence on determinacy now in hand, it ...


Intentions, Compliance, And Fiduciary Obligations, Ethan Leib, Stephen Galoob Jan 2014

Intentions, Compliance, And Fiduciary Obligations, Ethan Leib, Stephen Galoob

Faculty Scholarship

This essay investigates the structure of fiduciary obligations, specifically the obligation of loyalty. Fiduciary obligations differ from promissory obligations with respect to the possibility of “accidental compliance.” Promissory obligations can be satis- fied through behavior that conforms to a promise, even if that behavior is done for inappropriate reasons. By contrast, fiduciary loyalty necessarily has an intentional dimension, one that prevents satisfaction through accidental compliance. The intentional dimension of fiduciary loyalty is best described by what we call the “shaping” account. This account both explains the conscientiousness that loyalty demands and improves on other accounts of the intentional dimension of ...


The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed Shugerman Jan 2014

The Creation Of The Department Of Justice: Professionalization Without Civil Rights Or Civil Service, Jed Shugerman

Faculty Scholarship

This Article offers a new interpretation of the founding of the Department of Justice in 1870 as an effort to shrink and professionalize the federal government. The traditional view is that Congress created the DOJ to increase the federal government’s capacity to litigate a growing docket as a result of the Civil War, and more recent scholarship contends that Congress created the DOJ to enforce Reconstruction and ex-slaves’ civil rights. However, it has been overlooked that the DOJ bill eliminated about one third of federal legal staff. The founding of the DOJ had less to do with Reconstruction, and ...


What Cornell Veterinary School Taught Me About Legal Education, Tina Stark Jan 2014

What Cornell Veterinary School Taught Me About Legal Education, Tina Stark

Faculty Scholarship

No abstract provided.


The Data Surveillance State In Europe And The United States, Joel Reidenberg Jan 2014

The Data Surveillance State In Europe And The United States, Joel Reidenberg

Faculty Scholarship

No abstract provided.


Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy Jan 2014

Prosecutors’ Disclosure Obligations In The U.S., Bruce A. Green, Peter A. Joy

Faculty Scholarship

The article offers information on the prosecutor's discovery disclosure obligation in the U.S. Topics discussed include efforts of defense attorney in the prosecutor's disclosure obligation, efforts beyond the professional discipline, and legal enforcement to promote and support the approach of prosecutor's disclosure obligation, and collection of material used as evidence in the civil or criminal litigation.


The Law Of War And The Responsibility To Protect Civilians: A Reinterpretation, Thomas Lee Jan 2014

The Law Of War And The Responsibility To Protect Civilians: A Reinterpretation, Thomas Lee

Faculty Scholarship

Two seemingly unrelated crises implicating the law of war and the responsibility to protect civilians have arisen in recent years. In 2013, the United States considered military intervention without United Nations (“U.N.”) Security Council preapproval in Syria after discovering that the government had exterminated its own people with chemical agents. In 2014, Russia sent troops into Crimea, a part of Ukraine, to protect ethnic Russians that Russia claimed were in danger after a political coup in the country. In both cases, the military acts contemplated or undertaken were of dubious legality, albeit under different rubrics. This Article aims to ...


Payroll Taxes, Mythology And Fairness, Linda Sugin Jan 2014

Payroll Taxes, Mythology And Fairness, Linda Sugin

Faculty Scholarship

As the 2012 fiscal cliff approached, Congress and President Obama bickered over the top marginal income tax rate that would apply to a tiny sliver of the population, while allowing payroll taxes to quietly rise for all working Americans. Though most Americans pay more payroll tax than income tax, academic and public debates rarely mention it. The combined effect of the payroll tax and the income tax produce dramatically heavier tax liabilities on labor compared to capital, producing substantial horizontal and vertical inequity in the tax system. This article argues that a fair tax system demands just overall burdens, and ...