Digital Commons Network^™

Viewbook 2022, New York Law School

Admissions Viewbooks

No abstract provided.

2022 Strategic Plan Progress Report: Ever Upward, New York Law School

Strategic Plan and Initiatives

No abstract provided.

Justice Outsourced: The Therapeutic Jurisprudence Implications Of Judicial Decision-Making By Nonjudicial Officers (2022), Michael L. Perlin, Kelly Frailing

Books

Nonjudicial officers (NJOs) permeate the criminal justice and the forensic mental health systems in hidden ways. But what are the impact and consequences of non-lawyers and non- “real judges” hearing cases? Across the nation, numerous cases are outsourced to administrative and other NJOs to decide issues ranging from family court cases involving custody disputes and foster care, to alcohol, substance abuse, as well as mental health and institutionalization issues. Moreover, NJOs may also deal with probation sentencing, conditions of confinement, release restrictions, and even capital punishment.

The editors and contributors to the indispensable Justice Outsourced examine the hidden role of …

Seeing Immigration And Structural Racism: It's Where You Put Your Eyes, Lenni Benson

NYLS Law Review

No abstract provided.

Race Across The Curriculum: A Team-Taught Course On Law And Race In America, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.

Law And The Persistence Of Racial Inequality In America, Frank W. Munger, Carroll Seron

NYLS Law Review

No abstract provided.

Unpacking The Teaching Potential Of A Hypothetical Criminal Case Involving A Cross-Racial Eyewitness Identification, Lynn Su

NYLS Law Review

No abstract provided.

Transcending Ideological Divides To Advance All Rights For All People: A Conversation Between The Honorable Ruth Bader Ginsburg And Professor Nadine Strossen

NYLS Law Review

No abstract provided.

How To Bring Your Kids Up Queer: Family Law Realism, Then And Now, Kris Franklin, Noa Ben-Asher

Articles & Chapters

This essay, in honor of Paula Ettelbrick’s vast contributions to family law, examines a new site of conflict - the legal treatment of transgender children and youth - for which Ettelbrick’s work, alongside Eve Kosofsky Sedgwick’s seminal essay, How to Bring Your Kids up Gay (1991) are fundamental. We apply what we believe to be Ettelbrick’s emphasis on having legal structures recognize the reality and lives of queer people – what we call “family law realism” – to the current social and legal struggles that are unfortunately being fought upon the bodies of transgender identified children and youth. We recommend …

The Case Against Summary Eviction Proceedings: Process As Racism And Oppression, Andrew Scherer

Articles & Chapters

This Article argues that because of the many ways in which summary eviction proceedings privilege landlords and disadvantage tenants, their very structure is patently unfair. Moreover, because of the racialized nature of landlord-tenant relations, the summary eviction process perpetuates a race-based power imbalance and is structurally racist. This Article explains why the time has come to dispense with the use of the shortcut summary eviction process. Summary eviction proceedings–truncated and expedited exceptions to normal civil process—were first devised for eviction cases in the late eighteenth and early nineteenth centuries by state legislatures comprised of white male property owners who were …

Lawyers And The Lies They Tell, Bruce Green, Rebecca Roiphe

Articles & Chapters

Noting that the First Amendment protects lies about the government made in the public square, this article explores whether lawyers’ free speech rights ought to be different from that of other speakers. The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of lawyers’ fiduciary relationships with courts and clients. But how much more demanding can the law be when it comes to lawyers’ speech — in this case, false political speech? Applying the current First Amendment framework, we question the bar’s assumption that lawyers’ speech outside of these contexts can be …

Trauma-Informed Forensic Mental Health Assessment: Practical Implications, Ethical Tensions, And Alignment With Therapeutic Jurisprudence Principles, Julie Goldenson, Stanley Brodsky, Michael L. Perlin

Articles & Chapters

The need for trauma-informed practice is well recognized across mental health and legal settings; however, relatively little has been written about its application in forensic mental health assessment. This paper focuses on trauma-informed assessment of criminal justice involved individuals, given the high rates of trauma exposure and related sequelae in this population. A trauma-informed lens allows forensic mental health examiners to assess examinees in the context of their developmental histories and lived experience. Such a lens also has implications for the entire assessment process in terms of interviewing, psychological testing, diagnostic conclusions, feedback, and the provision of testimony and educating …

Restorative Justice Work In Non-Criminal Justice Settings In New York, New York Law School

Alternative Dispute Resolution - Past Events

Restorative justice practitioners will discuss their work in various contexts, including public schools, city government, workplace disputes, intimate partner violence, and pre-trial settlement discussions in civil court. Participants will learn about a range of applications of restorative justice, how and when it can be implemented within systems and outside of them, and what resources are available.

Ineffective Counsel In Death Penalty Cases And The Promise Of Therapeutic Jurisprudence, Michael L. Perlin, J.D.

Articles & Chapters

It is absolutely essential to consider the abject ineffectiveness of counsel in a significant number of death penalty cases involving defendants with serious mental disabilities and how such ineffectiveness is often (scandalously) accepted by reviewing courts. We must also assess all of the concerns raised in this excellent paper by Hiromoto and colleagues through the filter of therapeutic jurisprudence as a way to guide counsel to thoroughly investigate all aspects of such cases (especially those involving defendants with PTSD) and to present substantial mitigating evidence to the fact finders in the sorts of cases the authors are discussing.

Public Adr Events, New York Law School

Alternative Dispute Resolution - Past Events

No abstract provided.

The Role Of Mediation In Law Enforcement: Training, Diversion, Mediation, And Other Processes, New York Law School

Alternative Dispute Resolution - Past Events

This panel will address alternative community interventions for law enforcement including mediation and other non-confrontational processes.

"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Attorneys assigned to represent this cohort may not have encountered individuals with TBI before, and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In this regard, TBI is grossly misunderstood.

A grave example of this point, and a foundation for this article, is the case of Lisa Montgomery, who despite evidence of serious mental illness and significant brain damage, was convicted, sentenced …

Inspectors General And The Law Of Oversight Independence, Andrew Brunsden

Articles & Chapters

President Trump's defiance of basic norms threatened the oversight institutions of American democracy. His brazen assault on the prosecutorial and investigative independence of federal law enforcement was well documented. Yet few have thoroughly scrutinized his violations of the oversight independence of internal institutions that monitor the government to promote integrity, transparency, and accountability. This Article examines the independence of Inspectors General (IGs), the internal watchdogs of the Executive Branch, and the President's attacks on the institution. President Trump breached long-standing independence norms when he fired or replaced IGs in retaliation for their legitimate exercise of oversight duties. Then, in some …

Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

“Some Mother’S Child Has Gone Astray”: Neuroscientific Approaches To A Therapeutic Jurisprudence Model Of Juvenile Sentencing, Michael L. Perlin, Alison Lynch

Articles & Chapters

There is a robust body of evidence that tells us that the juvenile brain is not fully developed by age 18, and this evidence should and does raise important questions about the sentencing of juveniles in criminal cases. This evidence, though, must be considered in the context of public opinion (about certain juvenile crimes that have been subject to saturation publicity) in the context of judges’ decision-making (where such judges do not want to be perceived as “soft on crime”). The conflict between what we now know and what (false) “ordinary common sense” demands (in the way of enhanced punishments) …

2021 Commencement Program, New York Law School

Commencement Programs

No abstract provided.

Kacia Wilson 2l Named A “Law Student Of The Year”, New York Law School

NYLS Community News

No abstract provided.

"Pistol Shots Ring Out In The Barroom Night": Bob Dylan's "Hurricane" As An Exam (Or Course) In Criminal Procedure, Michael L. Perlin

Articles & Chapters

Bob Dylan wrote the song Hurricane to draw the public’s attention to the conviction of the boxer, Rubin “Hurricane” Carter, for a crime (multiple murders) which Carter did not commit. Dylan’s song – and its performance as a part of Dylan’s fabled Rolling Thunder Tour – brought significant public attention to this case (and the miscarriage of justice it reflected), and eventually led to the granting of federal habeas corpus (a decision affirmed by the Third Circuit) and the freeing of Carter from state prison in New Jersey. The song takes the listener from the facts of the crime, through …

Expanding Therapeutic Jurisprudence Across The Federal Judiciary, Benjamin Barsky, Heather Ellis Cucolo, Dominic Sisti

Articles & Chapters

A patchwork of drug courts and other problem-solving courts currently exists to divert individuals with mental illness and substance use disorders away from the criminal justice system. We call for a broader implementation of problem-solving courts, particularly at the federal level, that would operate according to the principles of therapeutic jurisprudence (i.e., a framework that aims to maximize the health benefits of judicial and legislative policies and practices). Expanding federal problem-solving courts will better serve individuals with mental illness and substance use disorders in the federal criminal justice system and allow them to benefit from rehabilitation and diversion programs. This …

Policing Procedural Error In The Lower Criminal Courts, Justin Murray

Articles & Chapters

The criminal justice system depends on reviewing courts to formulate norms of procedural law and to make sure those norms are actually followed in the lower courts. Yet reviewing courts are not performing either of these functions very well. No single factor can fully explain why this is the case, for there is plenty of blame to go around. But the harmless error rule is a major culprit. The conventional approach to harmless error review prohibits reversal of a defendant’s conviction or sentence, even when the law was violated during proceedings in the lower court, unless that violation influenced the …

A January Massacre Averted And The Lawyers Who Helped, Bruce A. Green, Rebecca Roiphe

Other Publications

No abstract provided.

Testimony Of Alvin Bragg Regarding The Jurisdiction Of The Civilian Complaint Review Board, Alvin Bragg

Briefs, Court Filings, and Testimonies

January 13, 2021

Alvin Bragg, on behalf of the New York Law School Racial Justice Project, respectfully submits the following testimony in support of the New York City Civilian Complaint Review Board’s (“CCRB”) authority to investigate allegations of untruthful testimony and written statements made by members of the New York City Police Department (“NYPD”) as well as allegations of sexual misconduct by NYPD officers.

Viewbook 2021, New York Law School

Admissions Viewbooks

No abstract provided.

Redistricting: Pathways To Fairness And Comity, Jeffrey M. Wice

Redistricting Resources

Increasingly, the process of redrawing congressional and state legislative boundaries to achieve the “one person, one vote” goal has been marked by partisan maneuvering, lack of civility, and litigious strategies. This paper provides an overview of redistricting procedures, discusses lessons learned from the post-2010 decennial census round of redistricting, and offers recommendations for improving cooperation between the political parties during the post-2020 Census redistricting cycle. It offers pathways for promoting fair and equitable political representation.

United States V. Herman, Tyler Wilkerson

NYLS Law Review

No abstract provided.