Digital Commons Network^™

Growing Up Policed In The Age Of Aggressive Policing Policies, Brett G. Stoudt, Michelle Fine, Madeline Fox

NYLS Law Review

No abstract provided.

Judging Children As Children: Reclaiming New York’S Progressive Tradition, Michael A. Corriero

NYLS Law Review

No abstract provided.

When The Cure Makes You Ill: Seven Core Principles To Change The Course Of Youth Justice, Gabrielle Prisco

NYLS Law Review

No abstract provided.

Reducing Juvenile Detention: Notes From An Experiment On Staten Island, Nancy L. Fishman

NYLS Law Review

No abstract provided.

Coming Clean: The Erosion Of Juvenile Miranda Rights In New York State, Justin Ashenfelter

NYLS Law Review

No abstract provided.

Reimagining Criminal Prosecution: Toward A Color-Conscious Professional Ethic For Prosecutors, Justin Murray

Articles & Chapters

Prosecutors, like mostAmericans, view the criminal-justice system asfundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad reality that blacks commit a disproportionate share of crime in America. They are unable to detect the ways in which their own discretionary choices-and those of other actors in the criminal-justice system, such as legislators, police officers, and jurors-contribute to the staggering and disproportionate incarceration of black Americans. In …

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin

Articles & Chapters

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to …

Promoting Social Change In Asia And The Pacific: The Need For A Disability Rights Tribunal To Give Life To The Un Convention On The Rights Of Persons With Disabilities, Michael L. Perlin

Articles & Chapters

There is no question that the existence of regional human rights courts and commissions has been an essential element in the enforcement of international human rights in those regions of the world where such tribunals exist. In the specific area of mental disability law, there is now a remarkably robust body of case law from the European Court on Human Rights, some significant and transformative decisions from the Inter-American Commission on Human Rights, and at least one major case from the African Commission onHuman Rights.

In Asia and the Pacific region, however, there is no such body. Many reasons have …

Justice's Beautiful Face: Bob Sadoff And The Redemptive Promise Of Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Dr. Robert Sadoff’s career is a reflection of his commitment - both as a scholar and as an expert witness to the values of care, the avoidance of harm, and the well-being of those who come in contact with the forensic system. These are commitments that resonate in the therapeutic jurisprudence literature.

One of the most important legal theoretical developments of the past two decades has been the creation anddynamic growth of therapeutic jurisprudence (TJ). Initially employed in cases involving individuals with mental disabilities, but subsequently expanded far beyond that narrow area, therapeutic jurisprudencepresents a new model for assessing the …

Finding The Original Meaning Of American Criminal Procedure Rights: Lessons From Reasonable Doubt's Development, Randolph N. Jonakait

Articles & Chapters

Lessons can be learned about finding the original meaning of American criminal procedure rights by an examination of the development of the reasonable doubt standard. This is for a number of reasons. First, the status of the reasonable doubt standard seems secure. No debate questions the constitutional requirement that an accused can only be convicted if the crime is proven beyond a reasonable doubt. The standard’s original meaning can be explored uncolored by the partisanship often engendered when present seekers of original meaning hope to define a new contour to a constitutional guarantee. Furthermore, serious scholars have studied the reasonable …

Global Transitions, New Perspectives On Legality, And Judicial Review, Ruti G. Teitel

Articles & Chapters

Chapter 5 in   Transitions: Legal Change, Legal Meanings (Austin Sarat, ed., The University of Alabama Press, 2012)

Tormented: Antigay Bullying In Schools, Ari Ezra Waldman

Articles & Chapters

This Article begins a theoretical and empirical discussion on bullying and cyberharassment of all students, but particularly gay and lesbian youth. Despite the recent spate of bullying-related suicides, I argue that antibullying proposals that include harsh criminal punishments for egregious cases of bullying and cyberbullying in schools lack validity as a matter of legal theory and practice. In fact, it is what makes criminalization so initially attractive — that is, the public’s emotional and retributive need for punishments equal to bullying tragedies — that ultimately leaves the proposal devoid of reason. Criminalization proposals only satisfy retributive aims and are unlikely …

Confrontation Clause Curiosities: When Logic And Proportion Have Fallen Sloppy Dead, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

The Fiscal Crisis As An Opportunity For Criminal Justice Reform: Defenders Building Alliances With Fiscal Conservatives, Randolph N. Jonakait, Larry Eger

Articles & Chapters

No abstract provided.

The International Review | 2011 Fall/Winter, Michael Rhee

The International Review Newsletter

Cigarettes meet international law: Will tobacco use go up in smoke?

Stopping the recruitment and use of child soldiers

No place to call home: The status and rights of stateless people

Collective punishment and international law: Punished for the acts of others

The United Nations and the Rule of Law: Delivered by UN Secretary-General Ban Ki-moon

Does international law effectively protect art, antiquities, and cultural property?

Who will prosecute the son of Col. Muammar Qaddafi?

Saudi Arabia: Arrested for being a woman driver

United States: Copyright protection for fashion designs?

Arctic Council: Setting the stage for more cooperation in the …

Civil Liberties: 10 Years After 9/11, New York Law School

Justice Action Center (Events)

September 9, 2011

2011 Commencement Program, New York Law School

Commencement Programs

No abstract provided.

Cityland – Vol. 8, No. 1, Center For New York City Law

CityLand - 2011

This issue of CityLand covers key land use and zoning developments in New York City as of February 15, 2011. Highlights include the City Council’s rejection of the landmark designation for Grace Episcopal Church Memorial Hall in Queens, citing community opposition and procedural concerns. The Council approved multiple zoning text amendments, including clarifications to the definitions of “development” and “building,” and modifications to the Lower Density Growth Management Area (LDGMA) regulations affecting Staten Island and the Bronx. Rezoning efforts in Bayside, Williamsburg, and Midtown South advanced mixed-use and affordable housing projects. The issue also reports on the creation of new …

Handcuffing The Press: First Amendment Limitations On The Reach Of Criminal Statutes As Applied To The Media, Lee Levine, Nathan E. Siegel, Jeanette Melendez Bead

NYLS Law Review

No abstract provided.

Humanity's Law, Ruti G. Teitel

Books

Post-Cold War history has witnessed a transformation in the relationship of law to violence in global politics. The normative foundations of the international legal order have been shifting their emphasis from state security to human security: the security of persons and peoples. Increasingly, courts, tribunals, other international bodies, and political actors draw from this new framework to assess the rights and wrongs of conflict; determine whether and how to intervene; and impose accountability and responsibility on state and non-state actors. The result of this shift is the law of humanity — a framework that spans the law of war, international …

People V. Guardino: Examined On Appeal In People V. Hecker, Luna Droubi

NYLS Law Review

No abstract provided.

The Media, The Jury, And The High-Profile Defendant: A Defense Perspective On The Media Circus, John C. Meringolo

NYLS Law Review

No abstract provided.

Embryo “Adoption”? The Rhetoric, The Law, And The Legal Consequences, Polina M. Dostalik

NYLS Law Review

No abstract provided.

Jury Nullification, Race, And The Wire, James M. Keneally

NYLS Law Review

No abstract provided.

Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman

NYLS Law Review

No abstract provided.

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Articles & Chapters

A a careful examination of Bob Dylan’s lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes “the law” seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek …

Online, Distance Legal Education As An Agent Of Social Change, Michael L. Perlin

Articles & Chapters

New York Law School (NYLS) created its online, distance learning mental disability law program in an effort to provide education in an area of the law that remains hidden in most law school curricula. Since 2000, it has offered its mental disability law courses in an online, distance learning format to its own students, to law students from other US-based law schools, to mental health professionals, to students in all the allied mental health professions and in the fields of criminology and criminal justice, and to activists and advocates (including members of the psychiatric survivor movement). It has offered the …

Less Than We Might: Meditations On Life In Prison Without Parole, Robert Blecker

Articles & Chapters

Today, death penalty opponents mostly claim life without parole (LWOP) as their genuinely popular substitute punishment for the worst of the worst. These abolitionists embrace LWOP as cheaper, equally just, and equally effective - a punishment that eliminates the state’s exercise of an inhumane power to kill helpless human beings who pose no immediate threat. Furthermore, they insist, LWOP allows the criminal justice system to reverse sentencing mistakes. Some even characterize it as a punishment worse than death.

Thousands of hours in several states, interviewing and observing more than a hundred convicted killers, along with dozens of correctional officers who …

Foreword: The Past, Present, And Future Of Juvenile Justice Reform In New York State, Stephen A. Newman

Articles & Chapters

No abstract provided.

Global Civil Society And Transitional Justice, Ruti G. Teitel, Iavor Rangelov

Articles & Chapters

Chapter 13 in

Global Civil Society 2011 Globality and the Absence of Justice