Digital Commons Network^™

You Might Have Drugs At Your Command: Reconsidering The Forced Drugging Of Incompetent Pre-Trial Detainnes From The Perspectives Of International Human Rights And Income Inequality, Michael L. Perlin, Meredith Schriver

Articles & Chapters

Ever since the Supreme Court's 2003 decision in Sell v. United States, 539 U.S. 166 (2003), there has been a cottage industry of commentary on the question of whether the state can medicate an incompetent defendant for the purpose of making him or her competent to stand trial. Moreover, there have been multiple cases interpreting Sell broadly and narrowly, both in the context of medication issues and in the context of other treatments. Because of the vagueness of certain terminology, questions such as what a "serious" crime is, what "substantially" meant to the Court in Sell, and how the least …

One Significant Step: How Reforms To Prison Districts Begin To Address Political Inequality, Erika L. Wood

Articles & Chapters

No abstract provided.

Creating A Building A Disability Rights Information Center For Asia And The Pacific Clinic: Of Pedagogy And Social Justice, Michael L. Perlin, Catherine Barreda, Katherine Davies, Mehgan Gallagher, Nicole Israel, Stephanie Mendelsohn

Articles & Chapters

No abstract provided.

Foreword | Contested Justice: The Politics And Practice Of Internationcontested Justice, The Politics And Practice Of International Criminal Court Interventionsal Criminal Court Interventions, Ruti G. Teitel

Articles & Chapters

No abstract provided.

Brief For The National Black Law Students Association As Amicus Curiae In Support Of Respondent, Deborah N. Archer, Erika L. Wood, New York Law School Racial Justice Project, Impact Center For Public Interest Law

Briefs, Court Filings, and Testimonies

December 2014

The National Black Law Students Association (NBLSA), submits this brief as amicus curiae in support of Respondents, urging this Court to affirm the ruling of the United States Court of Appeals for the Fifth Circuit upholding the recognition of disparate impact claims under the Fair Housing Act.1 NBLSA is a membership organization formed in 1968 to promote the educational, professional, political, and social objectives of Black law students. Today, NBLSA is the largest student-­run organization in the United States, with nearly 6,000 members, over 200 chapters in our nation's law schools, a growing pre-­law division, and six international …

Sidney Shainwald Public Interest Lecture: A Conversation With The Honorable Nancy Pelosi, House Democratic Leader And 6oth Speaker Of The House, New York Law School

Sidney Shainwald Public Interest Lecture

No abstract provided.

Criminology And A Disability Rights Tribunal, Michael L. Perlin

Other Publications

No abstract provided.

2014 Commencement Program, New York Law School

Commencement Programs

No abstract provided.

Viewbook 2014, New York Law School

Admissions Viewbooks

No abstract provided.

Publications Of The Faculty Of New York Law School 2013-2014, New York Law School

Bibliographies of Faculty Publications

No abstract provided.

All His Sexless Patients: Persons With Mental Disabilities And The Competence To Have Sex, Michael L. Perlin, Alison Lynch

Articles & Chapters

With the growth in the field of mental disability law over the past 50 years, very few topics involving persons with mental illness remain taboo or off limits to scholars and judges who face these issues daily. However, discussions of the question of whether persons with mental disabilities have a right to voluntary sexual interaction often touches a raw nerve in conversations about mental disability law, even with those who are practicing in the field, and the discomfort people feel in examining this topic is exacerbated when discussing individuals who are institutionalized.

Although this often appears to be a difficult …

Dialogues Of Transitional Justice: Keynote Speech, Ruti Teitel

Articles & Chapters

No abstract provided.

New York Law School Magazine, Vol. 33, No. 2, New York Law School

New York Law School Magazine

Features:

Alumni Titans of Sport Return to NYLS

Congresswoman Nancy Pelosi Delivers the Shainwald Public Interest Lecture

The Future is Now: NYLS Makes Impressive Progress on Achieving Strategic Plan Goals

To view online version, click here.

Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson

Articles & Chapters

Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more, disproportionately affect minority communities: the school-to-prison pipeline, high school dropout rates, the push-out phenomenon, and the criminalization of schools.

Before such pervasive racial inequality can be addressed effectively, the social and the psychological mechanisms that create racial inequality in the first place must be examined. This Comment offers insights from the field …

'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …

A, B, C, D, Stpp: How School Discipline Feeds The School-To-Prison Pipeline, Samantha C. Pownall

Articles and Writings

No abstract provided.

2013 Commencement Program, New York Law School

Commencement Programs

Click here to view online.

Publications Of The Faculty Of New York Law School 2010-2013, Mendik Library

Bibliographies of Faculty Publications

No abstract provided.

2012 Gala Program, New York Law School

Gala Programs

Honoring

Groundbreaker Award Recipients:
Hon. Ernst H. Rosenberger ’58, Of Counsel, Stroock & Stroock & Lavan LLP
Gerald C. Crotty ’76, President, Weichert Enterprise, LLC
Cynthia G. Senko Rosicki ’86, Co-founder, Sparkling Pointe Vineyards and Winery; Founding Partner, Rosicki, Rosicki & Associates, P.C.

Dean’s Award for Excellence in Leadership and Service:
Daniel J. Oates ’86, Chief of Police, Aurora, Colorado, Police Department

Fostering The Human Rights Of Youth In Foster Care: Defining Reasonable Efforts To Improve Consequences Of Aging Out, Ramesh Kasarabada

Articles & Chapters

No abstract provided.

Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

The Death Of Punishment: Searching For Justice Among The Worst Of The Worst, Robert I. Blecker

Books

For twelve years Robert Blecker, a criminal law professor at New York Law School, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder.The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, Professor Blecker exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often …

Arrested By The Image, Alison Young

NYLS Law Review

No abstract provided.

“Dealing With The Appellate Caseload Crisis”: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner

NYLS Law Review

No abstract provided.

Ensuring Miranda’S Right To Counsel Abroad, David Henek '12

NYLS Law Review

No abstract provided.

The Continued Viability Of New York’S Juvenile Offender Act In Light Of Recent National Developments, Katherine Lazarow '12

NYLS Law Review

No abstract provided.

E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik

NYLS Law Review

No abstract provided.

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …

Wisdom Is Thrown Into Jail: Using Therapeutic Jurisprudence To Remediate The Criminalization Of Persons With Mental Illness, Michael L. Perlin

Articles & Chapters

The common wisdom is that there are two related villains in the saga of the “criminalization of persons with mental illness”: the dramatic elimination of psychiatric hospital beds in the 1970s and 1980s as a result of the “civil rights revolution,” and the failure of the deinstitutionalization movement. Both of these explanations are superficially appealing, but neither is correct; in fact, the causal link between deinstitutionalization and criminalization has never been rigorously tested. It is necessary, rather, to consider another issue to which virtually no attention has been or is being paid: the near-disappearance of mental status issues from the …