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Articles 1 - 30 of 234
Full-Text Articles in Law
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Feminist Legal Theory And #Metoo: Revisiting Tarana Burke's Vision Of Empowerment Through Empathy, Penelope Andrews
Articles & Chapters
It is my purpose to ground this article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which influenced Tarana Burke when she founded #MeToo. Part IV examines restorative justice approaches in the South African Truth and Reconciliation …
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham
NYLS Law Review
No abstract provided.
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
Learning To Heal: Integrating Restorative Justice Into Legal Education, Natasha S. Vedananda
NYLS Law Review
No abstract provided.
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
Accountability And Repair: The Prosecutor’S Case For Restorative Justice, Miriam Krinsky, Taylor Phares
NYLS Law Review
No abstract provided.
United States V. Touset, Katelyn James
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane
NYLS Law Review
No abstract provided.
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
Restorative Prosecution? Rethinking Responses To Violence, Olivia Dana, Sherene Crawford
NYLS Law Review
No abstract provided.
10th Annual Pegalis Law Group Health Law Colloquium, New York Law School
10th Annual Pegalis Law Group Health Law Colloquium, New York Law School
Health Law Society Publications
Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health
(CLE Presentation on Oct. 24th 2019)
Moderator:
Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University
Panelists:
Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of …
Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson
Fool Me Once, Shame On You; Fool Me Twice, Shame On You Again: How Disparate Treatment Doctrine Perpetuates Racial Hierarchy, David Simson
Articles & Chapters
Title VII race discrimination doctrine is excessively hostile to workers of color, and many observers agree that it needs to be fixed. Yet comparatively few analyses of the doctrine weave together doctrinal and theoretical insights with systematic empirical findings from social science. This Article looks to Social Dominance Theory—a social psychology theory with a robust body of supporting empirical research—to take on this task and connect judicial interpretation of Title VII to the human tendency to create and maintain group-based hierarchies. In doing so, the Article questions the common view that Title VII race discrimination doctrine is symmetrical, protecting all …
A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch
A Tj Approach To Mental Disability Rights Research: On Sexual Autonomy And Sexual Offending, Michael L. Perlin, Heather Ellis Cucolo, Alison Lynch
Articles & Chapters
We believe it is impossible to understand the development and the power of therapeutic jurisprudence (TJ) without acknowledging that its roots in mental disability law have continued to expand and flourish over the decades, and that there is no other substantive area of the law in which every aspect – substantive and procedural, civil and criminal, statutory and constitutional. domestic and international – has been weighed and evaluated using a TJ lens. In this chapter, we consider how those roots have shaped the last three decades of research and the implications of what has developed. We look carefully at two …
Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny
Consumer Protection In The Age Of Connected Everything, Terrell Mcsweeny
NYLS Law Review
No abstract provided.
The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch
The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch
NYLS Law Review
No abstract provided.
Legal Education And The Civil Law System, Rodrigo Sadi
Legal Education And The Civil Law System, Rodrigo Sadi
NYLS Law Review
No abstract provided.
Did The Pyeongchang Games Prove The Olympics Can Still Broker Peace?, Robert Blecker
Did The Pyeongchang Games Prove The Olympics Can Still Broker Peace?, Robert Blecker
Other Publications
No abstract provided.
Designing Without Privacy, Ari Ezra Waldman
Designing Without Privacy, Ari Ezra Waldman
Articles & Chapters
In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Are Anti-Bullying Laws Effective?, Ari Ezra Waldman
Articles & Chapters
Since 2010, when several high profile bullying-related suicides brought bullying and cyberharassment into the national consciousness, all 50 states have passed laws that address bullying among the nation’s youth. This essay is the first in a series of three projects on federal, state, municipal, and individual school approaches to bullying. There are only 4 published studies on the relationships between law and bullying rates. This Essay adds several features to the discourse. It offers a comprehensive analysis of the contents of state anti-bullying laws, using a 16-item list of guidelines from the United States Department of Education as a frame. …
Leaning In On Television, Corie Rosen Felder
I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin
I'Ve Got My Mind Made Up: How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin
Articles & Chapters
Courts are, and have always been, teleological in cases involving litigants with mental disabilities. By “teleological,” I refer to outcome-determinative reasoning; social science that enables judges to satisfy predetermined positions is privileged, while data that would require judges to question such ends are rejected. In this context, judges treat biologically-based evidence in criminal cases involving questions of mental disability law so as to conform to their pre-existing positions. This applies to cases involving questions of the death penalty, the insanity defense, civil competency, incompetency to stand trial, questions related to malingering, and criminal sentencing, and more.
In this paper, I …
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Articles & Chapters
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.
Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …
Happy Warriors Against "Herein": 10 Rules For Creating Better Legal Documents, Adam L. Rosman
Happy Warriors Against "Herein": 10 Rules For Creating Better Legal Documents, Adam L. Rosman
Center Projects
No abstract provided.
Book Review Of Re-Understanding The Child's Right To Identity: On Belonging, Responsiveness And Hope, By Ya'ir Ronen, Michael L. Perlin
Book Review Of Re-Understanding The Child's Right To Identity: On Belonging, Responsiveness And Hope, By Ya'ir Ronen, Michael L. Perlin
Other Publications
No abstract provided.
The Next Fifteen Years, Melynda Barnhart
Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project.
Impact: Collected Essays On The Threat Of Economic Inequality., New York Law School. Impact For Public Interest Law And The Racial Justice Project.
Racial Justice Project
On April 17, 2015, the Impact Center for Public Interest Law at New York Law School hosted a symposium entitled "Tackling Economic Inequality" to bring together policymakers, advocates, academics, and community members to explore some of the causes and solutions to this growing problem. The essays collected in this volume, written by leading social justice advocates, are published to stimulate continued conversation on this critically important issue.
Paying The Piper: The Cost Of Compliance With The Federal Sex Offender Registration And Notification Act, Jennifer N. Wang
Paying The Piper: The Cost Of Compliance With The Federal Sex Offender Registration And Notification Act, Jennifer N. Wang
NYLS Law Review
No abstract provided.
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
Preface: Policy-Oriented Jurisprudence And Contemporary American Legal Education, Tai-Heng Cheng
NYLS Law Review
No abstract provided.
'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein
'Friend To The Martyr, A Friend To The Woman Of Shame': Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein
Articles & Chapters
This paper considers the intersection between law, humiliation and shame, and how the law has the capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior. The need for new attention to be paid to this question has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the …
Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson
Exclusion, Punishment, Racism, And Our Schools: A Critical Race Theory Perspective On School Discipline, David Simson
Articles & Chapters
Punitive school discipline procedures have increasingly taken hold in America’s schools. While they are detrimental to the wellbeing and to the academic success of all students, they have proven to disproportionately punish minority students, especially African American youth. Such policies feed into wider social issues that, once more, disproportionately affect minority communities: the school-to-prison pipeline, high school dropout rates, the push-out phenomenon, and the criminalization of schools.
Before such pervasive racial inequality can be addressed effectively, the social and the psychological mechanisms that create racial inequality in the first place must be examined. This Comment offers insights from the field …
Law Among The Sight Lovers, Francis J. Mootz Iii
Law Among The Sight Lovers, Francis J. Mootz Iii
NYLS Law Review
No abstract provided.
Arrested By The Image, Alison Young
Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel
Islamic Law And American Law: Between Concordance And Dissonance, Mohammed Fadel
NYLS Law Review
No abstract provided.