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An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell Dec 2011

An Irrational Oversight: Applying The Plra's Fee Restrictions To Collateral Prisoner Litigation, Walker Newell

City University of New York Law Review

The Federal Prison Litigation Reform Act precludes prisoners from filing lawsuits in forma pauperis and imposes significant limitations on the recovery of attorney’s fees. Many states have followed the lead of Congress by prohibiting their courts from waiving filing fees in prisoner cases. The federal fee provisions have withstood a barrage of constitutional challenges, with courts uniformly holding that the provisions are rationally related to a legitimate government interest in deterring frivolous inmate litigation. Many courts, however, apply these fee restrictions in a manner that cannot be justified by the analysis generally supporting the constitutionality of the provisions. In both …


Front Matter Dec 2011

Front Matter

City University of New York Law Review

No abstract provided.


Barriers To Women's Access To Justice In Haiti, Meena Jagannath Dec 2011

Barriers To Women's Access To Justice In Haiti, Meena Jagannath

City University of New York Law Review

While gender-based violence is not a new phenomenon in Haiti, the aftermath of the January 12, 2010 earthquake further exposed the vulnerability of Haitian women and girls to gender-based violence and the limited possibilities for women to evince a judicial response to gender-specific violations of the law. Drawing from the experiences of Haitian lawyers and women’s rights advocates, this paper will examine women’s barriers to accessing justice in Haiti by drawing on actual examples of gender-based violence at each step of the investigatory process under the Haitian justice system. It will provide, by way of background, an overview of the …


Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers Dec 2011

Zealous Advocacy For The Right To Be Heard For Children And Youth In Deportation Proceedings, M. Aryah Somers

City University of New York Law Review

No abstract provided.


Graham, Miller, & The Right To Hope, J. M. Kirby Dec 2011

Graham, Miller, & The Right To Hope, J. M. Kirby

City University of New York Law Review

No abstract provided.


Justice And Law: The One Hundred Year Rule, William Quigley Dec 2011

Justice And Law: The One Hundred Year Rule, William Quigley

City University of New York Law Review

No abstract provided.


Earning The Right To Remain Silent After Berghuis V. Thompkins, Isa Chakarian Dec 2011

Earning The Right To Remain Silent After Berghuis V. Thompkins, Isa Chakarian

City University of New York Law Review

No abstract provided.


All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson Dec 2011

All Children Are Created Equal Too: The Disparate Treatment Of Youth Rights In America, Travis Johnson

City University of New York Law Review

No abstract provided.


Pepsico And Public Health: Is The Nation's Largest Food Company A Model Of Corporate Responsibility Or Master Of Public Relations?, Michele Simon Dec 2011

Pepsico And Public Health: Is The Nation's Largest Food Company A Model Of Corporate Responsibility Or Master Of Public Relations?, Michele Simon

City University of New York Law Review

No abstract provided.


Sex Offender Registration And Notification Laws At Home And Abroad: Is An International Megan's Law Good Policy?, Christopher King Dec 2011

Sex Offender Registration And Notification Laws At Home And Abroad: Is An International Megan's Law Good Policy?, Christopher King

City University of New York Law Review

No abstract provided.


Grassroots Women's Organizations' Fight For Freedom From Sexual Violence And Recognition Under Domestic And International Law, April Marcus Jul 2011

Grassroots Women's Organizations' Fight For Freedom From Sexual Violence And Recognition Under Domestic And International Law, April Marcus

City University of New York Law Review

No abstract provided.


Can You Really Be A Good Role Model To Your Child If You Can't Braid Her Hair? The Unconstitutionality Of Factoring Gender And Sexuality Into Custody Determinations, Christina M. Tenuta Jul 2011

Can You Really Be A Good Role Model To Your Child If You Can't Braid Her Hair? The Unconstitutionality Of Factoring Gender And Sexuality Into Custody Determinations, Christina M. Tenuta

City University of New York Law Review

No abstract provided.


Front Matter Jul 2011

Front Matter

City University of New York Law Review

No abstract provided.


Enforcing The Right To Be Free From Sexual Violence And The Role Of Lawyers In Post-Earthquake Haiti, Blaine Bookey Jul 2011

Enforcing The Right To Be Free From Sexual Violence And The Role Of Lawyers In Post-Earthquake Haiti, Blaine Bookey

City University of New York Law Review

No abstract provided.


The Criminalization Of Peacemaking, Corporate Free Speech, And The Violence Of Interpretation: New Challenges To Cause Lawyering, Avi Brisman Jul 2011

The Criminalization Of Peacemaking, Corporate Free Speech, And The Violence Of Interpretation: New Challenges To Cause Lawyering, Avi Brisman

City University of New York Law Review

No abstract provided.


Many Voices: Combining International Human Rights Advocacy And Grassroots Activism To End Sexual Violence In Haiti, Yifat Susskind Jul 2011

Many Voices: Combining International Human Rights Advocacy And Grassroots Activism To End Sexual Violence In Haiti, Yifat Susskind

City University of New York Law Review

No abstract provided.


Director's Letter, Sarah Chinn Apr 2011

Director's Letter, Sarah Chinn

Center for LGBTQ Studies (CLAGS)

As I write this, the snow is slowly melting: the residue of the blizzard that brought 2010 to a close (and ground the East Coast to an almost complete halt). The stillness of the air outside fosters a kind of meditativeness, although it's hard to get a firm grasp on the events of the past few weeks. After what seemed like an endless parade of false starts, Congress finally overturned Don't Ask, Don't Tell, a policy that came into being at the same time as our newest crop of undergraduates. And at almost the same moment, the DREAM Act, legislation …


Diversity Dialogues: Managing Conflict, Raquel Gabriel Jan 2011

Diversity Dialogues: Managing Conflict, Raquel Gabriel

Publications and Research

No abstract provided.


Disparate Impact's Impact: The Gender Violence Lens, Julie Goldscheid Jan 2011

Disparate Impact's Impact: The Gender Violence Lens, Julie Goldscheid

Publications and Research

No abstract provided.


Gender Violence And Work In The United States And South Africa: The Parallel Processes Of Legal And Cultural Change, Julie Goldscheid Jan 2011

Gender Violence And Work In The United States And South Africa: The Parallel Processes Of Legal And Cultural Change, Julie Goldscheid

Publications and Research

No abstract provided.


Fear Itself: The Impact Of Allegations Of Gang Affiliation On Pre-Trial Detention, K. Babe Howell Jan 2011

Fear Itself: The Impact Of Allegations Of Gang Affiliation On Pre-Trial Detention, K. Babe Howell

Publications and Research

No abstract provided.


From Altruists To Outlaws: The Criminalization Of Traveling Islamic Volunteers, Ramzi Kassem Jan 2011

From Altruists To Outlaws: The Criminalization Of Traveling Islamic Volunteers, Ramzi Kassem

Publications and Research

No abstract provided.


Religion, Feminism And Abortion: The Regulation Of Assisted Reproduction In Two Catholic Countries, Richard Storrow Jan 2011

Religion, Feminism And Abortion: The Regulation Of Assisted Reproduction In Two Catholic Countries, Richard Storrow

Publications and Research

No abstract provided.


State Courts And Constitutional Socio- Economic Rights: Exploring The Underutilization Thesis, Stephen Loffredo, Helen Herschkoff Jan 2011

State Courts And Constitutional Socio- Economic Rights: Exploring The Underutilization Thesis, Stephen Loffredo, Helen Herschkoff

Publications and Research

No abstract provided.


Improving Clinical Judgment In Lawyering With Multidisciplinary Knowledge About Brain Function And Human Behavior: What Should Law Students Learn About Human Behavior For Effective Lawyering?, Beryl Blaustone Jan 2011

Improving Clinical Judgment In Lawyering With Multidisciplinary Knowledge About Brain Function And Human Behavior: What Should Law Students Learn About Human Behavior For Effective Lawyering?, Beryl Blaustone

Publications and Research

No abstract provided.


What The Mississippi Personhood Amendment Tells Us About "Life", Caitlin Borgmann Jan 2011

What The Mississippi Personhood Amendment Tells Us About "Life", Caitlin Borgmann

Publications and Research

No abstract provided.


Sustainability: Can Law Meet The Challenge?, Rebecca Bratspies Jan 2011

Sustainability: Can Law Meet The Challenge?, Rebecca Bratspies

Publications and Research

No abstract provided.


Burn After Viewing: The Cia's Destruction Of The Abu Zubaydah Tapes And The Law Of Federal Records, Douglas Cox Jan 2011

Burn After Viewing: The Cia's Destruction Of The Abu Zubaydah Tapes And The Law Of Federal Records, Douglas Cox

Publications and Research

No abstract provided.


National Archives And International Conflicts: The Society Of American Archivists And War, Douglas Cox Jan 2011

National Archives And International Conflicts: The Society Of American Archivists And War, Douglas Cox

Publications and Research

No abstract provided.


Inalienable Archives: Korean Royal Archives As French Property Under International Law, Douglas Cox Jan 2011

Inalienable Archives: Korean Royal Archives As French Property Under International Law, Douglas Cox

Publications and Research

No abstract provided.