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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 …


"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 Oct 2021

"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 …


The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen Jan 2021

The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen

Articles & Chapters

No abstract provided.


See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo Jul 2020

See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.

To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …


Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews Jan 2018

Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews

Articles & Chapters

No abstract provided.


Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson Jan 2018

Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson

Articles & Chapters

No abstract provided.


Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson Jan 2018

Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson

Articles & Chapters

The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.


Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard Jan 2018

Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard

Other Publications

No abstract provided.


Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard Jan 2018

Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard

Other Publications

No abstract provided.


Texas Leads In Penalized Nursing Homes, Joanne Doroshow Jan 2018

Texas Leads In Penalized Nursing Homes, Joanne Doroshow

Other Publications

No abstract provided.


'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin Jan 2018

'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin

Articles & Chapters

No abstract provided.


'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin Jan 2018

'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado.

For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human …


Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson Jan 2018

Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson

Articles & Chapters

In this introductory chapter we identify themes that will be carried throughout the book. We begin in section 2 with a discussion of the human rights challenges presented by children on the move, posing questions that our contributors will address as they build on the themes we identify. This is followed by an examination ofobstacles that have been created to recognising child migrants as rights bearers. After setting out in section 4 a brief outline of the book’s structure, the chapter concludes with some comments on global initiatives that have been made to address the challenges associated with mass migration …


The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe Jan 2017

The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe

Articles & Chapters

Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …


How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard Jan 2017

How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Marriage Matters In December, Arthur S. Leonard Jan 2017

Marriage Matters In December, Arthur S. Leonard

Other Publications

No abstract provided.


Introduction, Brandt Goldstein Jan 2017

Introduction, Brandt Goldstein

Articles & Chapters

No abstract provided.


God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin Jan 2017

God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …


Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen Jul 2016

Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen

Impact Center for Public Interest Law

No abstract provided.


Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb Jul 2016

Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb

Impact Center for Public Interest Law

No abstract provided.


Caught In The Web: Immigrant Children In Removal Proceedings, Claire R. Thomas, Lenni B. Benson Jul 2016

Caught In The Web: Immigrant Children In Removal Proceedings, Claire R. Thomas, Lenni B. Benson

Impact Center for Public Interest Law

No abstract provided.


The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann Jan 2016

The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann

Articles & Chapters

No abstract provided.


Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger Jan 2016

Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger

Articles & Chapters

No abstract provided.


Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin Jan 2016

Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin

Articles & Chapters

In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.

I …


Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein Jan 2016

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …


Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews Jan 2016

Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews

Articles & Chapters

During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews Jan 2016

The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews

Other Publications

No abstract provided.


The Next Fifteen Years, Melynda Barnhart Jan 2016

The Next Fifteen Years, Melynda Barnhart

NYLS Law Review

No abstract provided.


Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan Jan 2016

Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan

NYLS Law Review

No abstract provided.