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New York Law School Magazine, Vol. 36, No. 2 (2017), New York Law School

New York Law School Magazine

Features:

Bookshelf: Professor David Schoenbrod’s DC Confidential: Inside the Five Tricks of Washington

Answering the Call: NYLS leads the way in a new era of immigration law

Ready to Launch: Five students reflected on beginning their final year at NYLS

Reasons For Gaps In Crime Reporting: The Case Of White-Collar Criminals Investigated By Private Fraud Examiners In Norway, Petter Gottschalk, Maria Tcherni-Buzzeo

Criminal Justice Faculty Publications

A private investigation is an examination of facts, sequence of events, causes for deviance, and responsibilities for negative incidents. Recent years have seen an increasing use of private internal investigations in terms of the assessment of financial irregularities. The form of inquiry aims to uncover vulnerabilities to unrestricted opportunities, failing internal controls, abuse of position, and any financial misconduct such as corruption, fraud, embezzlement, theft, manipulation, tax evasion and other forms of economic crime. When fraud examiners discover evidence of white-collar crime, they almost always leave it to their clients to decide whether or not to report crime to the …

2017 Associate's Degree Exit Survey, Southwestern Oklahoma State University

Assessment Center Reports

Exit Surveys produced by the SWOSU Assessment Center.

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

Articles

In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

First Amendment Right To A Remedy, Benjamin Plener Cover

Articles

Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak and …

Editors And Advisory Board

The Graduate Review

No abstract provided.

The Graduate Review, Vol. Ii, 2016-2017

The Graduate Review

No abstract provided.

Cyber Economic Espionage: Corporate Theft And The New Patriot Act, Genna Promnick

UC Law Science and Technology Journal

No abstract provided.

Navigating Tricky Topics: The Benefits Of Performance Pedagogy, Christopher Bungard

Scholarship and Professional Work - LAS

No abstract provided.

Stand By Me: The Effects Of A Police Anti-Bullying Presentation On South Korean High School Students' Attitudes About Bullying And Willingness To Intervene, Kenny Loui

School of Criminal Justice Theses and Dissertations

Upon assuming the presidency of the Republic of Korea in 2013, Park Geun-hye announced her administration’s priority to address the country’s “Four Social Evils”—sexual violence, domestic violence, school bullying, and unsafe food products. As part of this initiative, the ROK national government urged police officers to implement anti-bullying campaigns and curb school violence. This study examined the effects of Stand By Me: Bullying Prevention and Bystander Empowerment, an anti-bullying presentation conducted by a ROK police officer for an audience of South Korean high school students in spring 2016. The study employed a nonequivalent groups design with a designated treatment group …

Humility In Criminal Justice: What It Might Invite Us To Reconsider, Dean A. Strang

Marquette Law Review

Imagine how our system of criminal justice might look different if one value ascended in the system's hierarchy of values: humility. Day to day, in my work, I do not see much humility among police officers, defense lawyers, prosecutors, probation agents, and judges. This is noteworthy, given how unavoidability uncertain--or at least contestable or close--many of the outcomes in our trial and appellate courts are to an objective eye. Even when the basic facts on guilt are fairly certain, the right sentence often is not. I propose that humility is an essential value that, properly understood, is tied to liberty; …

Eternal Sunshine: The Right To Be Forgotten In The European Union After The 2016 General Data Protection Regulation, Stefania Alessi

Emory International Law Review

In 2014, the Court of Justice of the European Union recognized the existence of the Right to be Forgotten. In 2016, the European Council and the European Parliament enacted the General Data Protection Regulation to provide a uniform normative framework for the RTBF that harmonized data protection across the European Union. The GDPR provoked heated criticism because it may sway search engine providers to accept every request to eliminate data from the Internet and harm the right to freedom of information. This Comment argues that the new normative framework of the RTBF is consistent with the well-established protection of the …

In Memoriam: M. Cherif Bassiouni, Charles C. Jalloh

Articles

No abstract provided.

A Dearth Of Kindness: Using Buddhist Psychology To Evaluate Rawls, Nozick, And Contemporary Corporate Ideology, James G. Wilson

Western New England Law Review

American philosophers John Rawls and Robert Nozick’s pathbreaking books establishes enduring parameters for mainstream political and legal discourse. While polarity is often exaggerated, Democrats invoke Rawls’s extension of the New Deal in A Theory of Justice while Republicans gravitate towards Nozick’s libertarianism in Anarchy, State, and Utopia. This Article argues that both approaches are valuable but incomplete. Neither philosopher could foresee the corrosion of republican norms and crippling of the middle class from centralized private power. The problem extends beyond material and political problems to spiritual issue of kindness. Because neither philosopher adequately incorporate benevolence into their visions, they fail …

Democratic Surveillance, Mary Anne Franks

Articles

No abstract provided.

Mothers In The Margins: Addressing The Consequences Of Criminal Records For Young Mothers Of Color, Jesse Krohn, Jaime Gullen

University of Baltimore Law Review

As young women pull ahead of young men in higher education, the wage gap narrows, and young men continue to be arrested and incarcerated at higher rates than young women, there has been much discussion at the policy level and in the media regarding the need to concentrate resources on men and boys. President Barack Obama’s “My Brother’s Keeper" and “Responsible Fatherhood” initiatives typify this shift.

As legal aid lawyers who represent youth, many of whom have been involved in the juvenile and criminal legal systems, we are pulled into the debate and asked to answer with increasing frequency: “What …

The District Court Re-Entry Project (Dcrep): Connecting Baltimore City Residents With Job Opportunities And Educational Training Programs Through The Judiciary, Hon. Nicole Pastore Klein

University of Baltimore Law Review

No abstract provided.

Measuring The Creative Plea Bargain, Thea B. Johnson

Faculty Publications

A great deal of criminal law scholarship and practice turns on whether a defendant gets a good deal through plea bargaining. But what is a good deal? And how do defense attorneys secure such deals? Much scholarship measures plea bargains by one metric: how many years the defendant receives at sentencing. In the era of collateral consequences, however, this is no longer an adequate metric as it misses a world of bargaining that happens outside of the sentence. Through empirical research, this Article examines the measure of a good plea and the work that goes into negotiating such a plea. …

Another Look At The Need For Family Law Education Reform: One Law School's Innovations, Barbara A. Babb

All Faculty Scholarship

The pressing need to change family law education stems from increased numbers and types of family law matters before the courts, changing legal standards, and the evolution of family law practice. The Family Law Education Reform Project, the Families Matter Report, and the IAALS Family Bar Summit recommend that traditional family law education be supplemented to reflect the importance of a holistic blend of theory and practice. This involves expanding student clinical or experiential programs, incorporating interdisciplinary studies specific to the context of family law, and enhancing continuing legal education opportunities. As one law school example, the University of Baltimore …

Privacy, Poverty, And Big Data: A Matrix Of Vulnerabilities For Poor Americans, Mary Madden, Michele E. Gilman, Karen Levy, Alice Marwick

All Faculty Scholarship

This Article examines the matrix of vulnerabilities that low-income people face as a result of the collection and aggregation of big data and the application of predictive analytics. On one hand, big data systems could reverse growing economic inequality by expanding access to opportunities for low-income people. On the other hand, big data could widen economic gaps by making it possible to prey on low-income people or to exclude them from opportunities due to biases entrenched in algorithmic decision-making tools. New kinds of “networked privacy” harms, in which users are simultaneously held liable for their own behavior and the actions …

Juvenile Delinquency And Cause Of Death For Adolescents Between 13 And 17 Years In Detroit In 2015, Tao Lei

Senior Honors Theses and Projects

The records for the cause of death of 3 8 adolescents who died near Detroit, MI in 2015 were examined from case files at the Wayne County Medical Examiner's Office. Adolescents between the ages of 12 and 17 years were more prone to being victims of violence than natural death, with a peak in violent deaths during the month of April. The majority of adolescents in this sample were Black males (58%). The manner of death among the majority of adolescents was accidental (47%), however the cause of death was all in a violent manner. The cause of death reported …

Board Of Regents Meeting Materials, June 27, 2017, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

My Leadership Experiences With Peace Circles As A Restorative Practice, El-Roy Estes

Dissertations

Restorative practices emerged on the scene within the Chicago Public Schools (CPS) as of recent. In 2006, CPS revamped their Student Code of Misconduct handbook from a strict and stern "zero-tolerance" voice to a more sensitive and subtle "restorative talk" approach. With this transition in effect, the school's culture and climate are expected to positively improve and at the same time support the social and emotional and academic performance of the students. Peace Circles is one of the alternate solutions to address these issues by decreasing out-of-school suspensions and improving social and emotional and academic learning. This capstone self-study will …

An Examination Of Multicultural Competence And Racial Colorblindness Among School Psychologists, Sandy D. Flores

Dissertations

The field of school psychology has developed a strong commitment to culturally competent practice. However, there is a lack of literature examining multicultural competence among school psychologists. The present study sought to address this need using a two-pronged approach. First, the study expanded the research base for a self-report multicultural competence scale by administering the measure to a sample of practicing school psychologists. Second, the study investigated the relationship between racial colorblindness and self-perceived multicultural competence among school psychologists by administering an additional racial colorblindness measure. Given that similar fields have identified the negative impact of racial colorblindness on multicultural …

The Racial Politics Of Due Process Protection: Does Partisanship Or Racial Composition Influence State-Level Adoption Of Recorded Interrogation Policies?, Jason T. Carmichael, Stephanie L. Kent

Criminology, Anthropology, & Sociology Faculty Publications

Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies …

Beyond Survival: Embodied Rhetoric And Resistance To Campus Sexual Violence, Logan Rae Gomez

Theses - ALL

Seeking to understand the culture of rape in the U.S., this project centers the stories of women of color on college campuses. In particular, I analyze Emma Sulkowicz’s Mattress Performance and the past, present, and future activist projects of Wagatwe Wanjuki. Positioning Sulkowicz and Wanjuki in the center of the conversation on sexual violence reminds us of the historical reality of rape for women of color. Collectively, Emma Sulkowicz and Wagatwe Wanjuki create discursive spaces for what Lisa Flores calls a “rhetoric of difference” and via Cherríe Moraga’s “theory in the flesh.” Throughout, I argue that we must analyze the …

Court Review 53:3 (2017)- Whole Issue

Court Review: Journal of the American Judges Association

ARTICLES

98 From Playgrounds to Plavix: Civil Cases in the Supreme Court’s October 2016 Term.

110 Tort Law and Commonsense Justice: Convergence and Divergence.

116 Risk Assessment for Future Offending: The Value and Limits of Expert Evidence at Sentencing.

Departments

90 Editor’s Note.

91 President’s Column.

92 Thoughts from Canada.

127 Bench Card on the Lawful Collection of Legal Financial Obligations.

129 Crossword.

130 American Judges Association Awards, 2017.

136 The Resource Page.

Risk Assessment For Future Offending: The Value And Limits Of Expert Evidence At Sentencing, Kirk Heilbrun, Jaymes Fairfax-Columbo, Suraji Wagage, Leah Brogan

Court Review: Journal of the American Judges Association

The question of a criminal defendant’s risk for future offending may be of interest to courts in a variety of contexts. Courts may request or consider information from forensic mental health professionals regarding risk assessment, which is the formal appraisal of the probability that an offender will reoffend or commit particular acts of violence in the future.1 Risk assessment is relevant in criminal contexts such as capital sentencing, criminal responsibility, and commitment of sexually violent predators; it also arises in civil contexts including civil commitment, workplace disability, child custody, and child protection.2 In some instances, risk assessment also may be …

A Review Of State Standards For Batterer Intervention Treatment Programs And The Colorado Model, Angela Gover, Tara Richards

Court Review: Journal of the American Judges Association

Many states aiming to improve domestic-violence offender treatment have passed legislative standards for Batterer Intervention Treatment (BIT). This article reviews existing literature in relation to state standards for BIT in general and Colorado’s unique model for BIT specifically. In addition, existing research focused on the Colorado model’s adherence to evidence-based practices and principles is discussed, and ongoing research that examines the relationship between the novel elements of the Colorado model and BIT completion and recidivism is explained.