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Series

2020

New York Law School

Articles 1 - 27 of 27

Full-Text Articles in Law

New York State's Congressional Delegation May Lose Two Members, Jeffrey M. Wice Dec 2020

New York State's Congressional Delegation May Lose Two Members, Jeffrey M. Wice

Redistricting Resources

According to a new report released on December 22, 2020 by Election Data Services, Inc. (EDS), New York State could lose up to two congressional districts after the official state population totals are announced in January. This article explores this possibility through 2020 Census data estimates.


Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused Dec 2020

Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.


Finding Your 'Flow', Heidi K. Brown Dec 2020

Finding Your 'Flow', Heidi K. Brown

Articles & Chapters

From drinking from a fire hose to achieving our peak state.


Boards In Information Governance, Faith Stevelman, Sarah C. Haan Oct 2020

Boards In Information Governance, Faith Stevelman, Sarah C. Haan

Articles & Chapters

No abstract provided.


When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe Oct 2020

When Prosecutors Politick: Progressive Law Enforcers Then And Now, Bruce Green, Rebecca Roiphe

Articles & Chapters

A new and recognizable group of reform-minded prosecutors has assumed the mantle of progressive prosecution. The term is hard to define in part because its adherents embrace a diverse set of policies and priorities. In comparing the contemporary movement with Progressive Era prosecutors, this Article has two related goals. First, it seeks to better define progressive prosecution. Second, it uses the historical example to draw some lessons for the current movement. Both groups of prosecutors were elected on a wave of popular support. Unlike today’s mainstream prosecutors who tend to campaign and labor in relative obscurity, these two sets of …


Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace Oct 2020

Preparing Lawyers For Practice: Developing Cultural Competency, Communication Skills, And Content Knowledge Through Street Law Programs, Ben Perdue, Amy Wallace

Articles & Chapters

Street Law is a legal education methodology designed to increase civic engagement, critical thinking skills, and develop practical legal knowledge in non-lawyers. Law students at Georgetown began using Street Law methods to teach high school classes in the 1970s. While Street Law was designed to help high school students, the programs were also crafted to provide authentic experiential opportunities for law students. However, little research had been done to measure the educational benefits for those law students. We designed the study that is featured in the article to assess those goals. We conclude that Street Law provides significant and often …


We Must Avoid A Repeat Of The Battle Between Upper West Siders And Homeless New Yorkers, Adam Herbst Aug 2020

We Must Avoid A Repeat Of The Battle Between Upper West Siders And Homeless New Yorkers, Adam Herbst

Other Publications

This post originally appeared in https://www.gothamgazette.com/opinion/9700-homeless-new-yorkers-upper-west-side-supportive-housing?fbclid=IwAR0HFnh3PKjSUG36wtz91PdM-IjDyHMYxDZvcd02qpQQAZEg2CDNeQHOGOs


Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard Aug 2020

Federal Court Bars Enforcement Of Louisville Public Accommodations Ordinance Against A Wedding Photographer Who Opposes Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Pandemic Pause, Heidi K. Brown Aug 2020

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 Jul 2020

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.


Mapping The New Senate, Assembly & Congressional Districts, Jeffrey M. Wice Jul 2020

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 …


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 Jul 2020

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 …


A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe Jun 2020

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 May 2020

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 Mar 2020

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 …


A Fiduciary Theory Of Prosecution, Bruce A. Green, Rebecca Roiphe Feb 2020

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. Jan 2020

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


Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman Jan 2020

Cognitive Biases, Dark Patterns, And The ‘Privacy Paradox’, Ari Ezra Waldman

Articles & Chapters

Scholars and commentators often argue that individuals do not care about their privacy, and that users routinely trade privacy for convenience. This ignores the cognitive biases and design tactics platforms use to manipulate users into disclosing information. This essay highlights some of those cognitive biases – from hyperbolic discounting to the problem of overchoice – and discusses the ways in which platform design can manipulate disclosure. It then explains how current law allows this manipulative and anti-consumer behavior to continue and proposes a new approach to reign in the phenomenon.


Prejudice-Based Rights In Criminal Procedure, Justin Murray Jan 2020

Prejudice-Based Rights In Criminal Procedure, Justin Murray

Articles & Chapters

This Article critically examines a cluster of rules that use the concept of prejudice to restrict the scope of criminal defendants’ procedural rights, forming what I call prejudice-based rights. I focus, in particular, on outcome-centric prejudice- based rights—rights that apply only when failing to apply them might cause prejudice by affecting the outcome of the case. Two of criminal defendants’ most important rights fit this description: the right, originating in Brady v. Maryland, to obtain favorable, “material” evidence within the government’s knowledge, and the right to effective assistance of counsel. Since prejudice (or equivalently, materiality) is an element of these …


Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer Jan 2020

Critical Developments In Housing Policy - Symposium Comments, Kat Meyers, Cheryl Gonzales, Edward Josephson, Andrew Scherer

Articles & Chapters

Professor Scherer's talk starts on page 245


Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace Jan 2020

Classroom To Cyberspace: Preserving Street Law's Interactive And Student-Centered Focus During Distance Learning, Amy Wallace

Articles & Chapters

The Street Law program at New York Law School (NYLS) is a faculty taught, credit-bearing course that trains law students to teach interactive lessons covering practical legal topics at The Charter High School for Law & Social Justice (CHSLSJ), in the Bronx, New York.

On March 3, 2020, NYLS moved online due to the rapid rise of COVID cases in New York City. Like many clinical and experiential programs, we weighed options that would provide both valuable experiences for our high school and law students while keeping everyone safe.

On Sunday March 15, 2020, the New York City public schools …


The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati Jan 2020

The Makings Of A Culturally Savvy Lawyer: Novel Approaches For Teaching And Assessing Cross-Cultural Skills In Law School, Shahrokh Falati

Articles & Chapters

No abstract provided.


Consent Of The Governed: A Constitutional Norm That The Court Should Substantially Enforce, David Schoenbrod Jan 2020

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

Articles & Chapters

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


A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace Jan 2020

A Law-Themed Charter High School Born At New York Law School Remains Indelibly Linked, Amy Wallace

Articles & Chapters

It was a confluence of unrelated events at New York Law School in the spring of 2009 that led to the founding of the Charter High School for Law and Social Justice (CHSLSJ) in the Bronx, New York. Dedicated law school faculty members were crucial to the school’s launch and the law school, its law students and faculty continue to nurture this unique and reciprocal relationship. Professor Richard Marsico was the unstoppable force behind the founding of the charter school and its close connection to New York Law School (NYLS). This article details the origins of CHSLSJ, the current relationship …


Get With The Pronoun, Heidi K. Brown Jan 2020

Get With The Pronoun, Heidi K. Brown

Articles & Chapters

No abstract provided.


You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin Jan 2020

You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin

Articles & Chapters

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15).

In this paper, …


Defusing Bullies, Heidi K. Brown Jan 2020

Defusing Bullies, Heidi K. Brown

Articles & Chapters

No abstract provided.