Digital Commons Network^™

The “Critical Stage” Of Plea-Bargaining And Disclosure Of Exculpatory Evidence, Gabriella Castellano

NYLS Law Review

No abstract provided.

“I See What Is Right And Approve, But I Do What Is Wrong”: Psychopathy And Punishment In The Context Of Racial Bias In The Age Of Neuroimaging, Alison Lynch, Michael L. Perlin

Articles & Chapters

Criminology research has devoted significant attention to individuals diagnosed either with antisocial personality disorder (ASPD) or psychopathy. While in the past, the two terms were used somewhat interchangeably, researchers today are starting to see that the two terms in fact represent two very different personality types and offending patterns. In this article, we examine this development from a legal perspective, considering what this might mean in terms of punishment for these two personality types based on the different characteristics they display in their actual offenses and their responses to punishment and rehabilitation. Specifically, we will focus on how the use …

"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel

Articles & Chapters

In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …

Law, Social Justice, Wokeness And The Protests: Where Do We Go From Here? [Notes] Convention, Randy Barnett, Randall Kennedy, Eugene Meyer, John O. Mcginnis, Nadine Strossen, Kenneth K. Lee

Articles & Chapters

No abstract provided.

The Biden Administration's First Hundred Days: An Lgbtq Perspective, Arthur S. Leonard

Articles & Chapters

No abstract provided.

Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews

Articles & Chapters

This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …

"Something's Happening Here/But You Don't Know What It Is": How Jurors (Mis)Construe Autism In The Criminal Trial Process, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

In the past 50 years, autism spectrum disorder (ASD) has gone from a narrowly defined, rare disorder of childhood onset to a well-publicized, advocated, and researched lifelong condition, recognized as both fairly common and heterogeneous. Although the autism rights movement has drastically altered the perceptions of ASD within the last two decades, how autism is “processed” in the criminal trial process is a topic that is still largely under the radar and yet to be fully explored.

As research into this population increases, and as more and more children are diagnosed on the spectrum and enter into adulthood, the number …

Who Should Police Politicization Of The Doj?, Bruce Green, Rebecca Roiphe

Articles & Chapters

It is generally accepted that federal prosecutors should not use their authority in individual criminal cases to promote partisan objectives. It is less clear who is best suited to investigate and resolve allegations that prosecutors, including possibly the Attorney General, have misused federal power in this manner. Various different officials and agencies have some authority to uncover corruption and political bias in the Department of Justice: At least in some situations, trial courts, federal and state disciplinary authorities, Congress, as well as several units within DOJ itself, can pursue a claim that a particular federal prosecutor was acting for impermissible …

Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning

Articles & Chapters

No abstract provided.

Brief Of Amici Curiae: Former Prosecutors In Support Of Intervenor-Defendant-Appellee-Cross-Appellant And Urging Affirmance, Dorsey & Whitney Llp, Attorneys For Amici Curiae Former Prosecutors

Briefs, Court Filings, and Testimonies

November 5, 2020

Amici are former prosecutors who worked in the federal or state criminal justice systems (or both).

Amicus Alvin Bragg was the Chief Deputy Attorney General of New York, where he oversaw a wide array of criminal matters, including investigations of deaths of unarmed persons caused by police officers. He also served as an Assistant United States Attorney in the Southern District of New York, where he prosecuted, among other matters, law enforcement misconduct.

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …

When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe

Articles & Chapters

A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses the historical example to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …

See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.

To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …

2020 Conferring Of Degrees Program, New York Law School

Commencement Programs

No abstract provided.

Book Review Of Charged: The New Movement To Transform American Prosecution And End Mass Incarceration, Justin Murray

Articles & Chapters

No abstract provided.

New York Law School Magazine, Vol. 38, No. 2, Office Of Marketing And Communications

New York Law School Magazine

Features:

2020 Strategic Plan Bookshelf: Professor Edward A. Purcell Jr.’s Antonin Scalia and American
Constitutionalism: The Historical Significance of a Judicial Icon Looking West: Lincoln Patel ’12 Is Helping to Reshape Manhattan’s Far West Side Stories From South Africa: Ellmann Judicial Fellows Jennifer Kuhn 3L and Tammy Tran ’19 Share Their Experiences

Driving While Black And Latinx: Stops, Fines, Fees, And Unjust Debts, New York Law School

Articles and Writings

February 2020

Racial Justice Project

The New York Law School (NYLS) Racial Justice Project urges New York lawmakers to support the Driver’s License Suspension Reform Act (Senate Bill S5348A), which would end suspensions for nonpayments of traffic tickets and nonappearances in traffic court, practices which unduly target and harm communities of color.

A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe

Articles & Chapters

Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …

Viewbook 2020, New York Law School

Admissions Viewbooks

No abstract provided.

2020 Strategic Plan: Ever Upward, New York Law School

Strategic Plan and Initiatives

No abstract provided.

The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser

NYLS Law Review

No abstract provided.

Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham

NYLS Law Review

No abstract provided.

Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford

NYLS Law Review

No abstract provided.

Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares

NYLS Law Review

No abstract provided.

Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda

NYLS Law Review

No abstract provided.

A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace

Articles & Chapters

It was a confluence of unrelated events at New York Law School in the spring of 2009 that led to the founding of the Charter High School for Law and Social Justice (CHSLSJ) in the Bronx, New York. Dedicated law school faculty members were crucial to the school’s launch and the law school, its law students and faculty continue to nurture this unique and reciprocal relationship. Professor Richard Marsico was the unstoppable force behind the founding of the charter school and its close connection to New York Law School (NYLS). This article details the origins of CHSLSJ, the current relationship …

Prejudice-Based Rights In Criminal Procedure, Justin Murray

Articles & Chapters

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …

You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin

Articles & Chapters

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15).

In this paper, …

Sidney Shainwald Public Interest Lecture: A Conversation With Laurence H. Tribe And Jeffrey Toobin, New York Law School

Sidney Shainwald Public Interest Lecture

November 1, 2019

A Conversation with:

LAURENCE H. TRIBE
CARL M. LOEB UNIVERSITY PROFESSOR
PROFESSOR OF CONSTITUTIONAL LAW
HARVARD LAW SCHOOL
and
JEFFREY TOOBIN
STAFF WRITER, THE NEW YORKER
CHIEF LEGAL ANALYST, CNN

Testimony Of Alvin Bragg Regarding The Repeal Of New York Civil Rights Law Section 50-A, Alvin Bragg

Briefs, Court Filings, and Testimonies

October 17, 2019

Alvin Bragg, on behalf of the New York Law School Racial Justice Project, respectfully submits the following testimony today regarding the repeal of N.Y. CIV. RIGHTS LAW § 50-a.