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New York Law School Magazine, Vol. 36, No. 2 (2017), New York Law School

New York Law School Magazine

Features:

Bookshelf: Professor David Schoenbrod’s DC Confidential: Inside the Five Tricks of Washington

Answering the Call: NYLS leads the way in a new era of immigration law

Ready to Launch: Five students reflected on beginning their final year at NYLS

Dealing With The Appellate Caseload Crisis: The Report Of The Federal Courts Study Committee Revisited, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.

Humanity Bounded And Unbounded: The Regulation Of External Self-Determination Under International Law, Robert Howse, Ruti G. Teitel

Articles & Chapters

One of the most complex and uncertain areas of international legal doctrine is how should international law deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining …

Foreword: Supreme Court Narratives: Law, History, And Journalism, James F. Simon

Articles & Chapters

No abstract provided.

They’Re Planting Stories In The Press: The Impact Of Media Distortions On Sex Offender Law And Policy, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

Individuals classified as sexual predators are the pariahs of the community. Sex offenders are arguably the most despised members of our society and therefore warrant our harshest condemnation. Twenty individual states and the federal government have enacted laws confining individuals who have been adjudicated as “sexually violent predators” to civil commitment facilities post incarceration and/or conviction. Additionally, in many jurisdictions, offenders who are returned to the community are restricted and monitored under community notification, registration and residency limitations. Targeting, punishing and ostracizing these individuals has become an obsession in society, clearly evidenced in the constant push to enact even more …

Preventing Sex-Offender Recidivism Through Therapeutic Jurisprudence Approaches And Specialized Community Integration, Heather Cucolo, Michael L. Perlin

Articles & Chapters

The public’s panic about the fear of recidivism if adjudicated sex offenders are ever to be released to the community has not subsided, despite the growing amount of information and statistically-reliable data signifying a generally low risk of re-offense. The established case law upholding sex offender civil commitment and containment statutes has rejected challenges of unconstitutionality, and continues to be dominated by punitive undertones. We have come to learn that the tools used to assess offenders for risk and civil commitment are often inaccurate and that meaningful treatment for this population is often unavailable and ineffective. Yet, society continues to …

What We Are Learning, Stephen Ellmann

Articles & Chapters

No abstract provided.

Dean Emeritus E. Donald Shapiro Memorial Service, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.

His Brain Has Been Mismanaged With Great Skill: How Will Jurors Respond To Neuroimaging Testimony In Insanity Defense Cases, Michael L. Perlin

Articles & Chapters

The robust debate over neuroimaging has highlighted a series of law-and-policy questions dealing primarily with reliability, admissibility and availability. When we consider the topic that I will be addressing in this paper - the impact of this evidence on juror decision-making in insanity defense cases - we need to recalibrate our focus so as to incorporate other questions that are as essential (most likely, more essential) to the resolution of the underlying dilemma: (1) to what extent will such evidence - apparently, less inherently easy to falsify - have on jurors whose inherent suspicion of mental state opinion testimony is …

Augustus Noble Hand / Charles Merrill Hough, Roger J. Miner '56

Legal History

No abstract provided.

Which Came First, The Data Or The Politics? Disentangling Questions About Women's Aptitude For Science, Carlin Meyer

Articles & Chapters

No abstract provided.

Memorial Service, Hon. Howard G. Munson, Roger J. Miner '56

Memorials and Eulogies

No abstract provided.

Breaking The Logjam: Environmental Reform For The New Congress And Administration, Carol Cassaza Herman, David Schoenbrod, Richard Stewart, Katrina Wyman

Articles & Chapters

No abstract provided.

Introduction, Ross Sandler

NYLS Law Review

No abstract provided.

A Significant Symposium, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.

Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel

Articles & Chapters

No abstract provided.

Ain't No Goin' Back: Teaching Mental Disability Law Courses Online, Michael L. Perlin

Articles & Chapters

No abstract provided.

Reading, Writing, And Citing: In Praise Of Law Reviews, Cameron Stracher

NYLS Law Review

No abstract provided.

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

Articles & Chapters

No abstract provided.

Ceremonial Swearing-In Of Congresswoman-Elect Kirsten E. Gillibrand, Roger J. Miner '56

Judges

No abstract provided.

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Reflections On The Law Review Symposium On Women’S Rights And Pornography: Big Sister, Big Brother, And The Role Of Legal Scholarship In Affirming Human Rights, Nadine Strossen

NYLS Law Review

No abstract provided.

In Memoriam, Joseph H. Koffler, Richard Matasar

NYLS Law Review

No abstract provided.

Social Citizen As Guest Worker: A Comment On The Changing Identities Of Immigrants And The Working Poor, Frank W. Munger

Articles & Chapters

No abstract provided.

Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For Online Identity, Beth Simone Noveck

Articles & Chapters

Trust is the foundation of society for without trust, we cannot

cooperate. Trust, in turn, depends upon secure, reliable, and persistent

identity. Cyberspace is thought to challenge our ability to build trust

because the medium undermines the connection between online

pseudonym and offline identity. We have no assurances of who stands

behind an online avatar; it may be one person, it may be more, it may be a

computer. The legal debate to date has focused exclusively on the question

of how to maintain real world identity in cyberspace. But new "social

software" technology that enables communities from eBay to …

Standardized Clients: A Possible Improvement For The Bar Exam, Lawrence Grosberg

Georgia State University Law Review

No abstract provided.

Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer

NYLS Law Review

No abstract provided.

The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein

NYLS Law Review

No abstract provided.