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Articles 1 - 15 of 15
Full-Text Articles in Law
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe
Articles & Chapters
Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …
People V. Marian, Jakub D. Brodowski
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin
#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin
NYLS Law Review
No abstract provided.
People V. Marian, Caroline Galda
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Articles & Chapters
Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
E Proper Remedy For Possession Of Child Pornography: Shifting From Restitution To A Victims Compensation Program, Michelle Minarcik
NYLS Law Review
No abstract provided.
Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara
Online Mental Disability Law Education, A Disability Rights Tribunal, And The Creation Of An Asian Disability Law Database: Their Impact On Research, Training And Teaching Of Law, Criminology Criminal Justice In Asia, Michael L. Perlin, Heather Ellis Cucolo, Yoshikazu Ikehara
Articles & Chapters
Two professors at New York Law School (NYLS) and the director of the Tokyo Advocacy Law Office are engaged in initiatives with the potential to have major influences on the study of law, criminology, and criminal justice: the creation of a Disability Rights Tribunal for Asia and the Pacific (DRTAP), and expansion of NYLS’s online mental disability law program (OMDLP) to include numerous Asian venues.
DRTAP seeks to create a sub-regional body (a Commission and eventually a Court) to hear violations of the UN’s Convention on the Rights of Persons with Disabilities. This will explicitly inspire scholarship about issues such …
Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman
Fictionalized Criminal Law And Youth Legal Consciousness, Avi Brisman
NYLS Law Review
No abstract provided.
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
Articles & Chapters
The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …
United States V. Gayle, Christine Aubin
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Decriminalizing Prostitution: Liberation Or Dehumanization?, Carlin Meyer
Articles & Chapters
No abstract provided.
New York Law School — Final Examinations, Roger J. Miner '56
New York Law School — Final Examinations, Roger J. Miner '56
New York Law School Events and Publications
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
Consequences Of Federalizing Criminal Law, Roger J. Miner '56
Consequences Of Federalizing Criminal Law, Roger J. Miner '56
Criminal Law
No abstract provided.
Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56
Victims And Witnesses: New Concerns In The Criminal Justice System, Roger J. Miner '56
Criminal Law
No abstract provided.