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Articles 1 - 30 of 52
Full-Text Articles in Law
The Great American Word Purge, Jethro K. Lieberman
The Great American Word Purge, Jethro K. Lieberman
Other Publications
No abstract provided.
Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown
Lawyer Training Shouldn't Be One Size Fits All, Heidi K. Brown
Articles & Chapters
No abstract provided.
Lecture Series | Has The Spectacular Fall Of Archegos Taught Us Anything?, Robin Meister
Lecture Series | Has The Spectacular Fall Of Archegos Taught Us Anything?, Robin Meister
Ronald H. Filler Institute for Financial Services Law
No abstract provided.
Lecture Series | Environmental, Social, And Governance (Esg): What's Next?, Brian Fortune, Adele Kittridge Murray
Lecture Series | Environmental, Social, And Governance (Esg): What's Next?, Brian Fortune, Adele Kittridge Murray
Ronald H. Filler Institute for Financial Services Law
No abstract provided.
Aclp - Overview Of Bead Program (Updated) - October 2022, New York Law School
Aclp - Overview Of Bead Program (Updated) - October 2022, New York Law School
Reports and Resources
No abstract provided.
Aclp - Broadband Planning Tool Kit - October 2022, New York Law School
Aclp - Broadband Planning Tool Kit - October 2022, New York Law School
Reports and Resources
This Tool Kit provides state and local policymakers with a range of resources and analyses for use during broadband planning. The Tool Kit focuses on the array of grant and other funding opportunities available to states and localities as a result of the Infrastructure Investment & Jobs Act, as well as other pandemic-era stimulus programs. However, the Tool Kit is also useful for broadband planning outside of these specific funding programs. Indeed, the Tool Kit offers foundational planning resources that can be used now and in the future by officials, ISPs, and other stakeholders in the broadband space.
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 …
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Articles & Chapters
In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …
Outrages From All Over: A Semi-Annual Compendium, Jethro K. Lieberman
Outrages From All Over: A Semi-Annual Compendium, Jethro K. Lieberman
Other Publications
No abstract provided.
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Sovereign Imaginaries: Visualizing The Sacred Foundation Of Law’S Authority, Richard K. Sherwin
Articles & Chapters
If a world is to be lived in, it must be founded. This foundational function belongs to the sovereign imagination. What a polity names as sovereign in the state of exception, when the sacred irrupts anew, is a matter of individual and collective responsibility. In this dispensation, law, politics, and religion become inescapably entangled in metaphysics. It behooves us to understand the nature and consequences of this state of affairs.
Law's Tacit Dimension: Audiovisual Proof Of Incitement In The Impeachment Trial Of Donald J. Trump, Richard Sherwin
Law's Tacit Dimension: Audiovisual Proof Of Incitement In The Impeachment Trial Of Donald J. Trump, Richard Sherwin
Articles & Chapters
In arguing their case for the impeachment of Donald J. Trump for inciting a violent insurrection, prosecutors made extensive use of video images of Trump supporters violently overtaking Capitol police and ransacking the Capitol building once they had forced their way inside. But the rally video that immediately preceded Trump’s January 6 speech was ignored completely. Should it have been brought into the prosecution’s case? If it had been, how might it have aided the prosecution’s contention that Trump was guilty of inciting violent insurrection?
In this article, I contend that the prosecution team’s insufficient understanding of how, and with …
Some Notes On Word Purging, Jethro K. Lieberman
Some Notes On Word Purging, Jethro K. Lieberman
Other Publications
No abstract provided.
Who Really Benefits From The First Amendment?, Nadine Strossen
Who Really Benefits From The First Amendment?, Nadine Strossen
Other Publications
No abstract provided.
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
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 …
The Rise And Fall Of Jews At Law Schools, Rebecca Roiphe
The Rise And Fall Of Jews At Law Schools, Rebecca Roiphe
Other Publications
No abstract provided.
Killing Rarity, Shahrokh Falati
Killing Rarity, Shahrokh Falati
Articles & Chapters
On May 22, 2019, Botswana decided after many years to lift its ban on hunting elephants and in February 2020 held its first auctions for the right to hunt elephants. This turnaround change in their law coincides with a rapidly changing legal landscape in the United States related to the practice of trophy hunting of rare, intelligent animals, including elephants. This Article analyzes the fluid legal landscape surrounding this uncommon form of hunting of rare animals and possible ways of using the Administrative Procedures Act and the Federal Advisory Committee Act as a means of challenging the government’s rapidly changing …
Anti-Speech Acts And The First Amendment, Richard K. Sherwin
Anti-Speech Acts And The First Amendment, Richard K. Sherwin
Articles & Chapters
In many states today, there are laws on the books designed to protect the legitimacy and fairness of elections by barring the knowing or reckless dissemination of demonstrably false statements. Regulating this kind of deliberate deception protects the public against the erosion of First Amendment freedoms – such as the freedom to think and express one’s own thoughts and to meaningfully deliberate in an electoral process free from deliberate efforts to flood the zone of public discourse with confusion and mistrust based on deliberate and provable falsehoods. Some of these regulations, however, have been successfully challenged on First Amendment grounds. …
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Making Me Ill: Environmental Racism And Justice As Disability, Britney Wilson
Articles & Chapters
Civil rights legal scholars and practitioners have lamented the constraints of the largely intent-based legal framework required to challenge racial discrimination and injustice. As a result, they have sought alternative methods that seemingly require less overt proof of discrimination and are more equipped to address structural harm. One of these proposed solutions involves the use of the Americans with Disabilities Act (ADA)—due to its affirmative mandate to address discrimination by reasonable modification or accommodation—and the framing of issues of racial injustice in terms of disability or the deprivation of medical rights. Environmental justice, an area in which issues of both …
Tell Elon Musk, The Hell With It, Jethro K. Lieberman
Tell Elon Musk, The Hell With It, Jethro K. Lieberman
Other Publications
No abstract provided.
Aclp - Overview Of Bead Nofo - June 2022, New York Law School
Aclp - Overview Of Bead Nofo - June 2022, New York Law School
Reports and Resources
No abstract provided.
A Guide To Federal Broadband Funding Programs - Overview Of Bead (Updated) - June 2022, New York Law School
A Guide To Federal Broadband Funding Programs - Overview Of Bead (Updated) - June 2022, New York Law School
Reports and Resources
No abstract provided.
Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson
Most Favored Racial Hierarchy: The Ever-Evolving Ways Of The Supreme Court's Superordination Of Whiteness, David Simson
Articles & Chapters
This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court’s constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the “racial superordination” of whiteness—the reinforcing of the superior status of whites in American society by, among other things, prioritizing their interests in structuring constitutional doctrine. This analysis shows that the Court is increasingly widening the gap between conceptions of, and levels of protection provided for, equality in the contexts of race and religion in ways that prioritize …
The Flourishing Lawyer: A Multi-Dimensional Approach To Performance And Well-Being (2022), Heidi K. Brown
The Flourishing Lawyer: A Multi-Dimensional Approach To Performance And Well-Being (2022), Heidi K. Brown
Books
The Flourishing Lawyer offers an empathetic guide for members of the legal profession to cultivate their personal and professional well-being, identify and develop their individual strengths, and define success on their own terms. Drawing from lessons and research from the fields of psychology, health care, sports, and medicine, this book is an affirming guide to becoming a better contributor to the profession while living a flourishing life.
Lunch Lecture | Environmental, Social, And Governance Issues In The Hedge Fund Industry, Brian Fortune, Adele Kittridge Murray
Lunch Lecture | Environmental, Social, And Governance Issues In The Hedge Fund Industry, Brian Fortune, Adele Kittridge Murray
Ronald H. Filler Institute for Financial Services Law
No abstract provided.
Lunch Lecture | Managing Risk In The Financial Services Industry, Robin Meister
Lunch Lecture | Managing Risk In The Financial Services Industry, Robin Meister
Ronald H. Filler Institute for Financial Services Law
No abstract provided.
Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon
Private And Public Sector Models For Entrepreneur, Small Business Owner, And Investor Immigration Pathways, Shane Dizon
Articles & Chapters
No abstract provided.
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe
Articles & Chapters
The ABA adopted Model Rule 8.4(g), which targets certain speech and conduct that are based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” In particular, according to the accompanying comment, Rule 8.4(g) reaches speech that is “derogatory and demeaning” or that “manifests bias or prejudice towards others” and is “harmful” (including, presumably, emotionally harmful). This rule targets a significant amount of speech that would be constitutionally protected if it were uttered by a nonlawyer. This article argues that there is no justification for treating lawyers differently from others in many …
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
"Insanity Is Smashing Up Against My Soul": The Fifth Circuit And Competency To Be Executed Cases After Panetti V. Quarterman, Michael L. Perlin, Talia Roitberg Harmon
Articles & Chapters
One of the open secrets of death penalty law and policy is the astonishingly high percentage of individuals on death row with serious mental disabilities. This is well known to lawyers who represent this cohort (and presumably, equally well known to the district attorneys who nevertheless prosecute them and the judges who try and sentence them), but is not generally discussed in the press nor, certainly, in political discourse. In the aggregate, this is far beneath society’s radar.
It is now over 14 years since the US Supreme Court decided a case that clarified the underlying issues. In Panetti v. …
The Exclusion Of Public Legal Education From Mandatory And Aspirational State Pro Bono Service Requirements, Amy Wallace
The Exclusion Of Public Legal Education From Mandatory And Aspirational State Pro Bono Service Requirements, Amy Wallace
Articles & Chapters
Pro bono service is embedded in legal education and practice. Every year, lawyers and law students across the United States engage in countless hours of pro bono service. There are over 1.3 million lawyers in the country and more than one hundred thousand law students enrolled in law school. Lawyers perform an average of thirty-seven hours of pro bono work each year. They reference several factors that motivate them to perform this work but the desire to help people in need ranks highest. Professional duty is also listed as an important factor for lawyers choosing to perform pro bono work. …
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Prosecutorial Nonenforcement And Residual Criminalization, Justin Murray
Articles & Chapters
In recent years a small but influential group of locally elected prosecutors committed to criminal justice reform have openly refused to enforce various criminal laws—laws prohibiting marijuana possession, sentence enhancements, laws authorizing the death penalty, and much more—because they see those laws as unjust and incompatible with core reform objectives. Condemned by many on the political right for allegedly usurping the legislature’s lawmaking role and praised by many on the left for bypassing dysfunctional state legislatures in favor of local solutions, these prosecutorial nonenforcement policies are commonly said to have the same effect as nullifying, or even repealing, the laws …