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

Law Commons

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

2020

Brooklyn Law School

Civil Rights and Discrimination

Keyword
Publication
Publication Type

Articles 1 - 7 of 7

Full-Text Articles in Law

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan Dec 2020

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan

Journal of Law and Policy

For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …


Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke Dec 2020

Decriminalizing Prostitution: Embracing The Swedish Model By Removing The Mistake-Of-Age Defense From New York’S Stop Violence In The Sex Trade Act, Carley Cooke

Journal of Law and Policy

In recent years, New York has re-focused on the widely debated topic of how to best manage and regulate prostitution in the United States. As a state-level issue, the debate presents an invaluable opportunity to re-examine how New York as a society views sex work. The answer in New York focuses on the idea that sex work is real work, where workers should be able to carry out their profession without stigma or fear of arrest. As it stands, the proposed reform largely focuses on decriminalizing both the purchase and sale of sex. This approach contrasts with the legal structure …


An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag Oct 2020

An Unbroken Thread: African American Exclusion From Jury Service, Past And Present, Alexis Hoag

Faculty Scholarship

No abstract provided.


The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton Jun 2020

The People’S Business: The Case For Amending New York Civil Rights Law Section 50-A, Jeffrey T. Hazelton

Brooklyn Law Review

For more than forty years, New York Civil Rights Law section 50-a has harmed New Yorkers by shielding the release of police officers’ “personnel records,” including in the aftermath of substantiated complaints of misconduct. With the aid of numerous New York Court Appeals decisions, this statute progressively transformed from a relatively nuanced protection for testifying officers during trial, to its ultimate status as an outright bar to virtually all public disclosures. In fact, the New York Court Appeals has even held that section 50-a supersedes New York’s Freedom of Information Law (FOIL), thereby prohibiting even redacted FOIL disclosures. By prioritizing …


Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson Jun 2020

Prosecuting Misconduct: New York’S Creation Of A Watchdog Commission, Danielle Robinson

Brooklyn Law Review

Prosecutors play an integral role in America’s inherently adversarial criminal justice system and thus have a significant impact on the individual liberties of accused citizens. Therefore, they have long since been subject to continuous scrutiny by the public, which in turn leads to criticism of state legislatures for not addressing the issue. The state of New York attempted to meet this challenge of prosecutorial misconduct head-on as part of a multi-pronged criminal justice reform agenda with the creation of a first-in-the-nation commission on prosecutorial conduct (CPC). At this point in time, the CPC has been held unconstitutional. This note will …


Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis May 2020

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …


Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag Apr 2020

Valuing Black Lives: A Case For Ending The Death Penalty, Alexis Hoag

Faculty Scholarship

No abstract provided.