Law Commons^™

Pandemic Pause, Heidi K. Brown

Articles & Chapters

Some lessons we can learn as a profession.

2nd Circuit Court Of Appeals Revives Religious Adoption Agency’S Challenge To New York Anti-Discrimination Rule, Arthur S. Leonard

Other Publications

No abstract provided.

See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.

To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …

Mapping The New Senate, Assembly & Congressional Districts, Jeffrey M. Wice

Redistricting Resources

New York State in 2021 must redraw the State’s senate, assembly and congressional districts. The process will be different from the process used to draw legislative and congressional district lines in the past. Previously, the State legislature redrew the districts for its own members and for the State’s congressional members. After years of efforts to reform a process seen as too self-interested, New York State voters in 2014 approved an amendment to the State constitution that created a new Redistricting Commission that will propose new district lines to the legislature. The legislature still gets the last word, but the commission …

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

Articles & Chapters

President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …

The Justice Department Is Now As Corrupt As The President, Rebecca Roiphe

Other Publications

This post originally appeared on https://www.thedailybeast.com/to-undo-robert-mueller-trump-talks-and-michael-flynn-walks-as-the-justice-department-rolls-over?ref=scroll

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

Articles & Chapters

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …

New York Law School Magazine, Vol. 38, No. 2, Office Of Marketing And Communications

New York Law School Magazine

Features:

2020 Strategic Plan Bookshelf: Professor Edward A. Purcell Jr.’s Antonin Scalia and American
Constitutionalism: The Historical Significance of a Judicial Icon Looking West: Lincoln Patel ’12 Is Helping to Reshape Manhattan’s Far West Side Stories From South Africa: Ellmann Judicial Fellows Jennifer Kuhn 3L and Tammy Tran ’19 Share Their Experiences

A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe

Articles & Chapters

Scholars have failed to arrive at a unifying theory of prosecution, one that explains the complex role that prosecutors play in our democratic system. This Article draws on a developing body of legal scholarship on fiduciary theory to offer a new paradigm that grounds prosecutors’ obligations in their historical role as fiduciaries. Casting prosecutors as fiduciaries clarifies the prosecutor’s obligation to seek justice, focuses attention on the duties of care and loyalty, and prioritizes criminal justice considerations over other public policy interests in prosecutorial charging and plea-bargaining decisions. As fiduciaries, prosecutors are required to engage in an explicit deliberative process …

Why Law Of Evidence Supports The Verdict That The President Is Guilty, Edward A. Purcell Jr.

Other Publications

This post originally appeared on https://thehill.com/opinion/judiciary/477186-why-law-of-evidence-supports-the-verdict-that-the-president-is-guilty

Deportation And Dissent: Protecting The Voices Of The Immigrant Rights Movement, Alina Das

NYLS Law Review

No abstract provided.

Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod

Articles & Chapters

Available at https://www.harvard-jlpp.com/

2020 Strategic Plan: Ever Upward, New York Law School

Strategic Plan and Initiatives

No abstract provided.

Through The Lens Of Restorative Justice: A Re-Humanizing, Susan Abraham

NYLS Law Review

No abstract provided.

The Hard Truths Of Progressive Prosecution And A Path To Realizing The Movement’S Promise, Seema Gajwani, Max G. Lesser

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

Gillis V. Miller, Anna Tichy

NYLS Law Review

No abstract provided.

Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman

NYLS Law Review

No abstract provided.

New York City Property Taxes And Appeals: A Systemic Subversion Of Constitutional Rights, Phoenix Marino

NYLS Law Review

No abstract provided.

United States V. Touset, Katelyn James

NYLS Law Review

No abstract provided.

The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley

NYLS Law Review

No abstract provided.

Grotheer V. Escape Adventures, Inc., Paisley Piasecki

NYLS Law Review

No abstract provided.

Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione

NYLS Law Review

No abstract provided.

Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga

NYLS Law Review

No abstract provided.

Hargis V. Bevin, Gabriella Castellano

NYLS Law Review

No abstract provided.

The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon

NYLS Law Review

No abstract provided.

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.

Cullinane V. Uber Technologies, Inc., Carly Schreiber

NYLS Law Review

No abstract provided.

Reflections On Immigration One Hundred Years After The Red Scare, David D. Cole

NYLS Law Review

No abstract provided.