Digital Commons Network^™

Striking For The Guardians And Protectors Of The Mind: The Convention On The Rights Of Persons With Mental Disabilities And The Future Of Guardianship Law, Michael L. Perlin

Articles & Chapters

In many nations, entry of a guardianship order became the “civil death” of the person affected. It has been accurately characterized as “civil death” characterization because a person subjected to the measure is not only fully stripped of their legal capacity in all matters related to their finance and property, but is also deprived of, or severely restricted in, many other fundamental rights, [including] the right to vote, the right to consent or refuse medical treatment (including forced psychiatric treatment), freedom of association and the right to marry and have a family.

Guardianship is also frequently entered. In Hungary, for …

Due Process In Islamic Criminal Law, Sadiq Reza

Articles & Chapters

Rules and principles of due process in criminal law—how to, and how not to, investigate crime and criminal suspects, prosecute the accused, adjudicate criminal cases, and punish the convicted—appear in the traditional sources of Islamic law: the Quran, the Sunna, and classical jurisprudence. But few of these rules and principles are followed in the modern-day practice of Islamic criminal law. Rather, states that claim to practice Islamic criminal law today mostly follow laws and practices of criminal procedure that were adopted from European nations in the twentieth century, without reference to the constraints and protections of Islamic law itself. To …

There Is No Santa Claus: The Challenge Of Teaching The Next Generation Of Civil Rights Lawyers In A ‘Post-Racial’ Society, Deborah N. Archer

Articles & Chapters

This essay takes a fresh look at the scholarship on the practice of cross-cultural and client-centered lawyering. The current scholarship explores methods of training law students to be mindful of the ways that cultural differences can impact legal representation. However, this scholarship has not addressed how to equip students to address issues of racial discrimination in light of the post-racial lens through which many view these problems. Legal educators must examine how law students’ beliefs regarding the current relevance of race in America affects their ability to represent clients who believe they are victims of racial discrimination.

The essay charts …

John Brown Went Off To War: Considering Veterans’ Courts As Problem-Solving Courts, Michael L. Perlin

Articles & Chapters

In this paper, I seek to contextualize veterans courts in light of the therapeutic jurisprudence (TJ) movement, the turn to problem-solving courts of all sorts (especially focusing on mental health courts), and the societal ambivalence that we have shown to veterans in the four decades since the Vietnam war.

I argue that TJ’s focuses on how law actually impacts people’s lives, on the law’s influence on emotional life and psychological well-being and on the need for law to value psychological health and avoid the imposition of anti-therapeutic consequences whenever possible can serve as a template for a veterans courts model …

Does Humanity Law Require (Or Imply) A Progressive Theory Of History? (And Other Questions For Martti Koskenniemi), Robert Howse, Ruti Teitel

Articles & Chapters

In a number of essays over the last decade or so, Martti Koskenniemi has analyzed post-cold war developments in international law, especially the human rights revolution or the emergence of "humanity law" (Teitel, Humanity’s Law). In these works, Koskenniemi asserts a close, if not essential, connection between optimistic or progressive theories of history and liberal, cosmopolitan, post- or anti-statist approaches to international law. We challenge Koskenniemi’s arguments that humanity law is associated with a dogmatically progressive theory of history, that it is oriented toward a world government, that it relies on a version of historical determinism, that it posits a …

Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara

Articles & Chapters

Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.

DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …

Yonder Stands Your Orphan With His Gun: The International Human Rights And Therapeutic Jurisprudence Implications Of Juvenile Punishment Schemes, Michael L. Perlin

Articles & Chapters

In the last decade, the US Supreme Court has ruled that the death penalty, a life sentence without possibility of parole (LWOP), and mandatory LWOP for homicide convictions violate the Eighth Amendment when applied to juvenile defendants. These decisions were premised, in large part, on findings that "developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds," and that those findings both lessened a child's "moral culpability" and enhanced the prospect that, as the years go by and neurological development occurs, his "deficiencies will be reformed."

These decisions have, by and large, been welcomed …

The Judge, He Cast His Robe Aside: Mental Health Courts, Dignity And Due Process, Michael L. Perlin

Articles & Chapters

One of the most important developments in the past two decades in the way that criminal defendants with mental disabilities are treated in the criminal process has been the creation and the expansion of mental health courts, one kind of “problem-solving court.” There are now over 300 such courts in operation in States, some dealing solely with misdemeanors, some solely with non-violent offenders, and some with no such restrictions. There is a wide range of dispositional alternatives available to judges in these cases, and an even wider range of judicial attitudes. And the entire concept of “mental health courts” is …

2012 Commencement Program, New York Law School

Commencement Programs

Click here to view online.

Ripples Of Injustice: The Impact Of Criminal Justice Policies On Minority Communities, New York Law School

Justice Action Center (Events)

No abstract provided.

Sidney Shainwald Public Interest Lecture: The Honorable John F. Kerry, Senior Senator From Massachusetts, New York Law School

Sidney Shainwald Public Interest Lecture

New York Law School

March 2, 2012

Guide To The Archival Collection Of Judge Roger J. Miner '56, New York Law School

Finding Aids

No abstract provided.

Assassination Or Targeted Killings After 9/11, John Yoo

NYLS Law Review

No abstract provided.

Reflections On Juvenile Justice Reform In New York, Jeremy Travis

NYLS Law Review

No abstract provided.

Models Of Justice To Protect Innocent Persons, Tim Bakken

NYLS Law Review

No abstract provided.

Pretrial Incentives, Post-Conviction Review, And Sorting Criminal Prosecutions By Guilt Or Innocence, Samuel R. Gross

NYLS Law Review

No abstract provided.

Criminalizing The Classroom: The Rise Of Aggressive Policing And Zero Tolerance Discipline In New York City Public Schools, Udi Ofer

NYLS Law Review

No abstract provided.

The Obama Administration And The Prospects For A Democratic Presidency In A Post-9/11 World, Peter M. Shane

NYLS Law Review

No abstract provided.

The Constitutionality Of The Niqab Ban In Egypt: A Symbol Of Egypt’S Struggle For A Legal Identity, Luna Droubi

NYLS Law Review

No abstract provided.

People V. Harnett, Michelle Minarcik

NYLS Law Review

No abstract provided.

Exonerating The Innocent: Pretrial Innocence Procedures, Tim Bakken, Lewis M. Steel

NYLS Law Review

No abstract provided.

Innocence Is Different: Taking Innocence Into Account In Reforming Criminal Procedure, D. Michael Risinger, Lesley C. Risinger

NYLS Law Review

No abstract provided.

Adversarial Inquisitions: Rethinking The Search For The Truth, Keith A. Findley

NYLS Law Review

No abstract provided.

Convicting Lennie: Mental Retardation, Wrongful Convictions, And The Right To A Fair Trial, John H. Blume, Sheri Lynn Johnson, Susan E. Millor

NYLS Law Review

No abstract provided.

Pretrial Procedures For Innocent People: Reforming Brady, Lissa Griffin

NYLS Law Review

No abstract provided.

Dallas County Conviction Integrity Unit And The Importance Of Getting It Right The First Time, Mike Ware

NYLS Law Review

No abstract provided.

The Problem Of Convicting Innocent Persons: How Often Does It Occur And How Can It Be Prevented?, Leon Friedman

NYLS Law Review

No abstract provided.

Freeing The Guilty Without Protecting The Innocent: Some Skeptical Observations On Proposed New “Innocence” Procedures, Paul G. Cassell

NYLS Law Review

No abstract provided.

People V. Harnett, Joanna C. Peck

NYLS Law Review

No abstract provided.

Juvenile Justice Reform: Now Is The Moment, Judith S. Kaye

NYLS Law Review

No abstract provided.