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Full-Text Articles in Law

The Criminalization Of Walking, Michael Lewyn Jan 2017

The Criminalization Of Walking, Michael Lewyn

Scholarly Works

The simple act of walking is sometimes criminalized in the United States. Anti-jaywalking statutes and ordinances—originally motivated by auto-industry lobbyists in the 1920s—call for fines and, sometimes, imprisonment for crossing the street. Additionally, some localities have interpreted statutes against “child neglect” to encompass a parent’s decision to let their kid walk outside alone. The result of this criminalization? Such policies have reduced pedestrian liberty, increased automobile traffic and pollution, and created a disincentive for physical activity in the midst of an obesity and diabetes epidemic. In addition to discussing these effects, this Article argues that the purported safety benefits of …


The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation, Patrick Harty Jan 2017

The Moral And Economic Advantages Of Raising The Age Of Criminal Responsibility In New York Among Juvenile Offenders, And Plans For Rehabilitation, Patrick Harty

Touro Law Review

No abstract provided.


The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine Jan 2017

The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine

Scholarly Works

This Essay is part of a larger project exploring the possibility that, contrary to much of the prevailing scholarship, judicial supervision of the prosecutor’s charging decision—through both expansive judicial interpretation of current ethics rules and judicial enactment and enforcement of more extensive ethics rules—might serve as a viable and effective mechanism for meaningful review and regulation.

In a forthcoming article, Bruce Green and I identify and respond to some of the reasons scholars have generally steered clear of considering the option that judges might play a more robust role in supervising prosecutors’ charging discretion by implementing enhanced disciplinary rules addressing …


People V. Dubarry - An Exploration Into The Complexities Of Charging A Defendant With Both Intentional Murder And Depraved Indifference Murder, Arielle Montoro Jan 2017

People V. Dubarry - An Exploration Into The Complexities Of Charging A Defendant With Both Intentional Murder And Depraved Indifference Murder, Arielle Montoro

Touro Law Review

No abstract provided.