Law Commons^™

Crj 6900 Policing, Oscar J. Montesdeoca

Open Educational Resources

No abstract provided.

Review Of The Book The Fight Against Book Bans: Perspectives From The Field, John A. Drobnicki

Publications and Research

Review of the book The Fight against Book Bans: Perspectives from the Field, edited by Shannon M. Oltmann.

Migrant Children And Legislation: Integrating Knowledge About Trauma Into Policy, Yolennys E. Albornoz

Dissertations, Theses, and Capstone Projects

This study seeks to integrate some knowledge about trauma into migration policies in the U.S. regarding children. Migration is not a novel concept; it is a dynamic phenomenon that experiences continuous changes and constantly increases in numbers. Globally, the United States has been the primary destination for foreign migrants for a long time, and most of them are Latinos who cross the U.S. and Mexico border. Here, I explore how children face trauma in their home country, which forces them to migrate. Also, while they migrate and after they have migrated, exposing the three stages of trauma for migrant children. …

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Making Sense Of Making Parole In New York, Alexandra Mcglinchy

Dissertations, Theses, and Capstone Projects

For many individuals incarcerated in New York, the initial step toward freedom begins with an interview with the Board of Parole. This process, however, is frequently a complex and challenging one, characterized by repeated denials and extended incarcerations. The disparity in outcomes – where one individual may receive over 20 denials and another is granted parole on their first attempt – highlights the ambiguity and inconsistency in the parole decision-making process. This project aims to clarify the factors that influence parole decisions by concentrating on measurable variables. These include age, race, duration of sentence served, proportion of sentence served, type …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Beyond The Reach Of Legal Process – Lessons From United States V Rafiekian, Vivian M. Williams

Publications and Research

The influence of foreign agents on the domestic affairs of countries is now a major issue in global affairs. This issue gained significance after foreign influence was blamed for a massive protest demanding fair election, rocked Moscow in 2011. It has been amplified after Russian involvement was cited for Donald Trump’s surprised election as President of the United States in 2016. There is now great anxiety among nations that foreign actors could influence electoral outcomes. Consequently, the past decade has seen a proliferation of laws regulating the operation of foreign agents within a country. Aggressive enforcement of Foreign Agents laws …

Editors' Note

City University of New York Law Review

No abstract provided.

Adjusting The Focus: Addressing Privacy Concerns Raised By Police Body-Camera Footage, Dalton Primeaux

City University of New York Law Review

Many public safety advocates have called for the use of police body cameras to document the interactions between officers and the public. In light of the documented incidents of police violence and misconduct, some advocates and policy experts have urged law enforcement to use body cameras to discourage future wrongdoing and create a record of when such incidents do happen. In some states, body camera footage is considered public record and can be obtained upon request. Most policies concerning requests for the release of body camera footage require the chief of police to grant permission for sharing the video with …

Character And Fitness In America's Neo-Redemptive Era, Tolu Lawal, Al Brooks

City University of New York Law Review

The Character and Fitness process is the last major institutional hurdle that aspiring attorneys must overcome to gain licensure to the legal profession. A process held out to determine “moral” character, the Character and Fitness often goes uninterrogated, instead flattened into just a quotidian and inconvenient aspect of the profession’s admission procedures. However, the normalization of both the process and existence of the Character and Fitness obscures the reality that this unscientific process neither has particularized, inherent value to the profession nor is an accurate tool of determining the moral or ethical principles of potential attorneys. Instead, the advocacy of …

Idea Bank For New York City's Chief Public Realm Officer: Imagining A Broad, Equity-Enhancing Role For Creating Access To Public Space, Tara Eisenberg, Althea Lamel, Lindsay Matheos, Carolyn Weldy, Andrea Mcardle

City University of New York Law Review

By executive order on February 16, 2023, New York City Mayor Eric Adams created the position of the City’s Chief Public Realm Officer to promote a more centralized and coordinated approach to public realm policy, and appointed a chief strategy officer from his own staff, Ya-Ting Liu, to fill this position. This Article argues that the City should view the role of the Public Realm Office expansively and proactively to help achieve meaningful, equity-enhancing progress in stewarding public space. The authors, former students and a faculty member of CUNY School of Law’s Land Use and Community Lawyering seminar, offer a …

Front Matter

City University of New York Law Review

No abstract provided.

Access To Injustice: How Legal Reforms Reinforce Marginalization, Roni Amit

City University of New York Law Review

Marginalized individuals are largely excluded from making rights claims in the courts because their stories of rights violations fall outside of prescribed legal categories. Framing this exclusion as a lack of knowledge and access, proponents of the access to justice movement have sought to improve outcomes for unrepresented and marginalized litigants through measures that help them understand and navigate the system. The access to justice movement seeks to make the justice system more accessible to these litigants by focusing on procedural fairness. This Article draws on empirical data and observations from Tulsa’s eviction court to consider the limits of access …

On The Road To Nowhere: The Unique Challenges Stateless People Face In Removal Proceedings And The Untenable Legal Limbo Following Final Orders Of Removal, Rachel Marandett

City University of New York Law Review

Under a world order defined by nation-states, having one’s rights and dignity protected is inexorably tied to being a citizen of somewhere. Stateless people, who are citizens of nowhere, are thus left without the safeguards of a nation responsible for them. Today, there are over 200,000 stateless people living in the United States. Because the American immigration system is built upon the premise that everyone is a citizen of somewhere, stateless people are consistently trapped in a ceaseless legal limbo. In fact, the majority of stateless people in the United States have already gone through removal proceedings and have final …

Compensatory Preliminary Damages: Access To Justice As Corrective Justice, Sayid R. Bnefsi

City University of New York Law Review

The access to justice movement broadly concerns people’s ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to seek justice

This Note proposes an innovative legal intervention to this problem called “compensatory preliminary damages.” This intervention builds from the work of …

An Exegesis Of The Meaning Of Dobbs: Despotism, Servitude, & Forced Birth, Athena D. Mutua

City University of New York Law Review

The Dobbs decision has been leaked. Gathered outside of New York City’s St. Patrick’s Old Cathedral, pro-choice protesters chant: “Not the church, not the state, the people must decide their fate.” A white man wearing a New York Fire Department sweatshirt and standing on the front steps responds: “I am the people, I am the people, I am the people, the people have decided, the court has decided, you lose . . . . You have no choice. Not your body, not your choice, your body is mine and you’re having my baby.”

Despicable but not unexpected, this man’s comments …

U.S. Judiciary Syllabus: True True Crime Zines, Jason Leggett

Open Educational Resources

An experimental, open education syllabus for a pilot zero textbook cost course, U.S. Judiciary using zines and true crime.

Investigating The Relationship Between Foster Care And Sex Trafficking: What Factors Are Maintaining The Cycle Of Abuse, Shannon M. Budgell

Student Theses

Sex trafficking is a global crime and human rights issue that benefits abusers at the detriment of vulnerable groups, including children involved in the United States welfare system. This meta-synthesis explored the risk factors present within the United States foster care system that expose children to potential victimization. Using qualitative research, the purpose of this study was to review sex trafficking exploitation and analyze the current policies creating this vulnerability in the nation’s child welfare services. Upon completing a systematic literature search, nine studies were included by meeting the following criteria: qualitative or quantitative research studies published in English any …

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

Observers' Perceptions Of Rapport In Accusatorial Interrogations, Gabriela Rico

Dissertations, Theses, and Capstone Projects

Rapport is widely regarded as a necessary precondition for interrogations and is thought to lay the foundation for the success of later interrogation techniques. In accusatorial contexts in which suspects are often resistant to disclose potentially self-incriminating information, rapport enables interrogators to gain the suspect’s trust, respect, and cooperation. Although the specific psychological mechanisms by which rapport achieves these effects are largely understudied, rapport-building techniques resemble principles of social influence (Goodman-Delahunty & Howes, 2014), specifically persuasion. Techniques such as establishing common ground, engaging in active listening, demonstrating empathy, and disclosing personal information may serve as impression management strategies, which allow …

Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang

Dissertations, Theses, and Capstone Projects

This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …

Epistemic Virtue And Receptivity To Science In Policing, Braden L. Campbell

Dissertations, Theses, and Capstone Projects

This dissertation investigates the underexplored relationship between character epistemology and its potential to explain behavior, decision-making, and culture within the criminal justice system, particularly the police. Building on the existing theoretical framework of evidence-based policing (EBP) and the recognized gap in understanding police receptivity to science, this study hypothesized that intellectual character at personal and collective levels positively correlates with science receptivity.

Epistemic character was defined through the aggregation of four traits: open-mindedness, defensiveness, insouciance, and groupthink. Science receptivity was measured by openness to change, desire to learn, reliance on intuition, and mistrust of science. Data were collected through surveys …

Weathering The Perfect Legal Storm: Novel Virus, Novel Instruction, Novel Course, Marissa Moran

Publications and Research

For this legal educator, in the spring and fall of 2020, three simultaneous and novel events-Corona virus, virtual synchronous instruction, and teaching a new interdisciplinary course for the first time, created an environment that could have resulted in the perfect legal storm. Instead, these events contributed to beneficial teaching and learning experiences from which arose many “first-ever” innovative faculty and student endeavors.

Examining The Role Of Evidence-Based Suspicion In Racial Disparities In Wrongful Convictions, Jacqueline Katzman

Dissertations, Theses, and Capstone Projects

There are clear racial disparities in the rates of wrongful convictions, with Black exonerees disproportionately represented among the population of those exonerated, in DNA and non-DNA exonerations alike (National Registry of Exonerations, 2022; Innocence Project, 2022). This racial disparity also exists for those exonerees who were wrongfully convicted, at least in part, because an eyewitness mistakenly identified them. For decades, when eyewitness scholars explored racial bias, they focused on the cross-race effect or own-race bias among eyewitnesses, a bias positing that witness performance suffers when a witness is asked to make an identification of a cross-race face (Lee & Penrod, …

But Is It Material? A Case Study Evaluating Climate Risk’S Place In Financial Disclosures, Matilda Lindberg

Student Theses and Dissertations

The year of 2022 highlighted the importance of understanding how Environment, Social, and Governance (hereafter, ESG) factors impact investors. By the end of 2021, 37.8 trillion USD had been invested in ESG funds, a number expected to grow to $53 trillion by the end of 2025. Despite this bullish projection, controversy has grown about the “materiality” of ESG factors, especially climate risks, as defined by the Securities and Exchange Commission (hereafter, SEC). On March 21, 2022, the SEC proposed rules to enhance the standardization of climate- related disclosures (hereafter The Proposal) to promote consistent, comparable, and reliable information for investors …

An Archival Exploration Of Lineup Fairness In Eyewitness Research, Phoebe Kane

Student Theses

In this study, we were interested in investigating if the Betaface facial analysis program reliably predicts eyewitness lineup choosing behavior. If face analysis programs are as good or better than human judgements, using them could be a reliably more efficient, reproducible, and equitable basis for choosing fillers and evaluating lineup fairness. We collected 27 datasets from eyewitness researchers and analyzed them to produce Betaface similarity values, which measured the similarity between all the photos in each array. We compared these Betaface data to the identification data from the original studies. Our analysis of the arrays via Betaface yielded data with …

The Unitary Executive Theory: Benefits And Dangers, Dani Heba

Student Theses and Dissertations

This paper examines the unitary executive theory's growth and implications for the modern presidency.

Juror's Perceptions Of Evidence-Based Suspicion, Nicholas Welter

Student Theses

Eyewitness misidentification is a leading cause of wrongful conviction. Although the prior probability of guilt (i.e., pre-identification evidence strength) is the most important factor for predicting a defendant’s actual guilt status and the accuracy of any subsequent eyewitness identification, no study has examined whether it affects juror decisions. This oversight is problematic because when officers place suspects in lineups when there is little evidence connecting them to the crime, it falls on jurors to examine the probative value of identification evidence. Participants (N = 357) watched a mock trial depicting an armed robbery that varied pre-identification evidence (strong vs. …