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Criminal Justice Roundtable | Celebrating 60 Years Of Gideon V. Wainwright And The Right To Counsel, Criminal Justice Institute Apr 2023

Criminal Justice Roundtable | Celebrating 60 Years Of Gideon V. Wainwright And The Right To Counsel, Criminal Justice Institute

Criminal Justice Institute

April 19, 2023


Criminal Justice Roundtable | Out Of Sight, Out Of Mind: Humanitarian Crises At Rikers Island, Criminal Justice Institute Apr 2023

Criminal Justice Roundtable | Out Of Sight, Out Of Mind: Humanitarian Crises At Rikers Island, Criminal Justice Institute

Criminal Justice Institute

April 12, 2023


Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo Apr 2023

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.

In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …


Humans Of Nyls: Spring 2023 Collection, Student Bar Association Apr 2023

Humans Of Nyls: Spring 2023 Collection, Student Bar Association

NYLS Community News

No abstract provided.


Prelaw Magazine Lauds Nyls In Winter 2023 Issue, Julia Sonenshein Mar 2023

Prelaw Magazine Lauds Nyls In Winter 2023 Issue, Julia Sonenshein

NYLS Community News

No abstract provided.


Alumni Spotlight: Jordan Eyal ’17 Wants To Speak Your Language, Julia Sonenshein Feb 2023

Alumni Spotlight: Jordan Eyal ’17 Wants To Speak Your Language, Julia Sonenshein

NYLS Community News

No abstract provided.


Viewbook 2023, New York Law School Jan 2023

Viewbook 2023, New York Law School

Admissions Viewbooks

No abstract provided.


2023 Commencement Program, New York Law School Jan 2023

2023 Commencement Program, New York Law School

Commencement Programs

No abstract provided.


Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe Jan 2023

Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe

Articles & Chapters

There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former United States Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant …


The Timeless Explosion Of Fantasy's Dream: How State Courts Have Ignored The Supreme Court's Decision In Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger Jan 2023

The Timeless Explosion Of Fantasy's Dream: How State Courts Have Ignored The Supreme Court's Decision In Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon, Maren Geiger

Articles & Chapters

Multiple states have enacted statutes to govern procedures when a state seeks to execute a person who may be incompetent to understand why s/he is being so punished, an area of the law that has always been riddled with confusion. The Supreme Court, in Panetti v. Quarterman, sought to clarify matters, ruling that a mentally ill defendant had a constitutional right to make a showing that his mental illness “obstruct[ed] a rational understanding of the State’s reason for his execution.” However, the first empirical studies of howPanetti has been interpreted in federal courts painted a dismal picture. Only a handful …


Transcript - Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen Jan 2023

Transcript - Civil Liberties: The Next 100 Years, Susan Herman, Erwin Chemerinsky, Ellis Cose, Anthony Romero, Nadine Strossen

Articles & Chapters

No abstract provided.


In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin Jan 2023

In These Times Of Compassion When Conformity’S In Fashion: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization And Support Vulnerable Persons In The Legal Process, Michael L. Perlin

Articles & Chapters

In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool - in rooting out bias, limiting polarization, …


Nyls Receives High Marks From Prelaw Magazine’S Fall 2022 Issue, Julia Sonenshein Dec 2022

Nyls Receives High Marks From Prelaw Magazine’S Fall 2022 Issue, Julia Sonenshein

NYLS Community News

No abstract provided.


Criminal Justice Roundtable | Criminal Justice Debt: Fines, Fees, And The Criminalization Of Poverty, Criminal Justice Institute Nov 2022

Criminal Justice Roundtable | Criminal Justice Debt: Fines, Fees, And The Criminalization Of Poverty, Criminal Justice Institute

Criminal Justice Institute

November 16, 2022


Book Talk | Racial Innocence: Unmasking Latino Anti-Black Bias And The Struggle For Equality, Racial Justice Project Oct 2022

Book Talk | Racial Innocence: Unmasking Latino Anti-Black Bias And The Struggle For Equality, Racial Justice Project

Racial Justice Project

October 27, 2022


Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews Oct 2022

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews

Articles & Chapters

It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …


Deal School Workshop | John Benemerito '14: Startup Financing Documents, Innovation Center For Law And Technology Sep 2022

Deal School Workshop | John Benemerito '14: Startup Financing Documents, Innovation Center For Law And Technology

Innovation Center for Law and Technology

September 22, 2022


John R. Lewis Voting Rights Act, Marissa Zanfardino Sep 2022

John R. Lewis Voting Rights Act, Marissa Zanfardino

Redistricting Resources

No abstract provided.


Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray Sep 2022

Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray

Articles & Chapters

In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …


Reconstructing The Ethics Code To Remedy The Failures Of Strickland V. Washington, Heather Ellis Cucolo Sep 2022

Reconstructing The Ethics Code To Remedy The Failures Of Strickland V. Washington, Heather Ellis Cucolo

Articles & Chapters

No abstract provided.


But I Ain’T A Judge: The Therapeutic Jurisprudence Implications Of The Use Of Nonjudicial Officers In Criminal Justice Cases, Michael L. Perlin Sep 2022

But I Ain’T A Judge: The Therapeutic Jurisprudence Implications Of The Use Of Nonjudicial Officers In Criminal Justice Cases, Michael L. Perlin

Articles & Chapters

The role of nonjudicial officers occupies a hidden space in the U.S. judicial system. Statutorily sanctioned in many jurisdictions, such officers have a wide range of duties and responsibilities, including hearing certain pretrial motions in criminal cases and making decisions as to conditions of probation for sex offenders. These latter officers are frequently not lawyers, and there is significant evidence that many of the basic rudiments of the criminal trial process are often not honored. There has been virtually no consideration of this phenomenon in the scholarly literature, and absolutely no consideration from the perspective of therapeutic jurisprudence (TJ). An …


Book Review: Progressive Prosecution: Race And Reform In Criminal Justice, Justin Murray Sep 2022

Book Review: Progressive Prosecution: Race And Reform In Criminal Justice, Justin Murray

Other Publications

No abstract provided.


11th Circuit Denies En Banc Review Of Panel Decision Enjoining Conversion Therapy Bans By Two Florida Localities, Arthur S. Leonard Aug 2022

11th Circuit Denies En Banc Review Of Panel Decision Enjoining Conversion Therapy Bans By Two Florida Localities, Arthur S. Leonard

Other Publications

No abstract provided.


The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau Jul 2022

The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau

Articles & Chapters

Persons institutionalized in forensic psychiatric facilities have been hidden from the public view for decades – physically, socially, and legally. The forensic population also faces multiple forms of discrimination, both for their criminal history and mental illness. This reality must be radically reconsidered in light of the ratification of the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD), the first legally binding instrument devoted to the comprehensive protection of the rights of persons with disabilities. There has been, however, virtually no attention paid by criminologists to the potential impact of this Convention on forensic populations. In this …


Academic Year: 2021-2022, The Mendik Library Jun 2022

Academic Year: 2021-2022, The Mendik Library

Mendik Library: By the Numbers

No abstract provided.


Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson Jun 2022

Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson

Articles & Chapters

This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …


2022 Commencement Program (Classes Of 2020, 2021, And 2022), New York Law School May 2022

2022 Commencement Program (Classes Of 2020, 2021, And 2022), New York Law School

Commencement Programs

No abstract provided.


Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray Apr 2022

Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray

Articles & Chapters

In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …


"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon Apr 2022

"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon

Articles & Chapters

One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.

It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …


The Role Of Conflict Management Skills In Policing, New York Law School Feb 2022

The Role Of Conflict Management Skills In Policing, New York Law School

Alternative Dispute Resolution - Past Events

This panel will address programs that train police officers to recognize manageable conflict and exercise skills in defusing confrontation.