Law Commons^™

Neurologists Look At Causes Of Baffling Brain Condition, Maggie Freleng

Capstones

It can be hard getting help for someone with mental illness, but almost impossible when that person doesn't think they are sick. At at least half of people with schizophrenia, for example, insist that the voices they hear are real. People who do not know they are ill often refuse therapy and medication -- and their symptoms can spiral out of control. Doctors call this lack of awareness anosognosia. Neurologists are trying to discover what causes this baffling condition--and how to treat it.

The Long Road Back, Brooke Williams

Capstones

This project is a documentary film about the criminal case of Lorenzo Johnson. Johnson was convicted of a murder in the mid-90s and sentenced to life imprisonment in the state of Pennsylvania. Johnson has always maintained his innocence. In 2012, a federal appeals court sided with Johnson and released him. He returned to his home state of New York to speak out against wrongful convictions. However, less than 6 months later, the Supreme Court decided Johnson's original conviction should be upheld and he was forced to return to prison to serve the remainder of his life without the possibility of …

Expectations Of The Exemplar: An Exploration Of The Burdens On Public School Teachers In The Absence Of Tenure, Jacqueline A. Meese

City University of New York Law Review

No abstract provided.

The Fate Of $15, John S. Spina

Capstones

The Fight for $15 is reinvigorating the labor moment in ways people never thought possible. In just over three years it spanned the nation and won increased minimum wages in major cites across the country. Governor Cuomo now prepares to pass the nation's first state wide $15 minimum wage in New York, but not without strong opposition.

Daily Fantasy Sites Engage In A Legal War For Survival, Danni R. Santana

Capstones

Over the past two years, the world has changed its perception of daily fantasy sports. FanDuel and DraftKings have taken the world by storm, making huge profits off even the casual fans desire to win money everyday, instead of just once at the end of a season. Lawmakers have noticed and are eager to regulate the business or ban it altogether, as seen in New York. What was once a weekend hobby is now a multi-billion dollar business. A business lawmakers say is just another form of gambling and doesn't require skill.

Unsettling: Syrian Refugees And The Struggle To Resettle, Marguerite Ward

Capstones

The federal government oversees a complex program to help Syrian refugees come to the U.S.. But the effort does not always live up to all its promises, potentially making the path more difficult for refugees striving to adapt to their new homeland.

Police Misconduct Towards The Transgender Community, Carlotta Mohamed

Capstones

Kristen Lovell, a black transgender woman and activist, takes precautions everyday as she rides the subway from the Bronx to Manhattan for work. “I know there are people who are intolerant of trans people or have some chip on their shoulder because I exist, and I’m a firm believer in self-defense,” said Lovell, 35, program coordinator at the Metropolitan Community Church of New York. “It could be because I’m black, it could be because I’m trans...they just feel like slicing my face today. I don’t know."

Front Matter

City University of New York Law Review

No abstract provided.

A Sufficiency-Of-The-Evidence Exception To The New York Appellate Preservation Rule, Matthew Bova

City University of New York Law Review

No abstract provided.

How Women's Organizations Are Changing The Legal Landscape Of Reproductive Rights In Latin America, Fabiola Carrión

City University of New York Law Review

No abstract provided.

Is It Worthless To Be "Worth Less"? Ending The Exemption Of People With A Disability From The Federal Minimum Wage Under The Fair Labor Standards Act Notes, Alanna Sakovits

City University of New York Law Review

No abstract provided.

When Judges Don't Follow The Law: Research And Recommendations, Michele Cotton

City University of New York Law Review

No abstract provided.

Radtalks: What Could Be Possible If The Law Really Stood For Black Lives?, Purvi Shah, Colette Pichon Battle, Vincent Warren, Alicia Garza, Elle Hearns, Carl Williams, Norris Henderson, Umi Selah, Maurice Mitchell

City University of New York Law Review

A Series of Talks Delivered at the Law for Black Lives Convening, Organized by the Bertha Justice Institute at the Center for Constitutional Rights

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

Justice In America: Diverting The Mentally Ill, Matthew J. D'Emic

City University of New York Law Review

No abstract provided.

Flaws In The Justice System: Examining The Angel Cordero Case, Rose C. Itzcovitz

Capstones

This article examines a case in criminal law that started 17 years ago and has yet to be resolved. Despite a plethora of mounting evidence, including a confession, more than a dozen witnesses, a proven false alibi, impeaching evidence against police and DNA evidence, Bronx-born Angel Cordero's conviction has yet to be overturned. The article breaks down what went wrong in the initial trial, discusses Cordero's multiple appeals and takes a broader look at what needs to change in today's judicial system.

Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman

Publications and Research

A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …

The Environmental Crisis Of The 2003 Iraq War: A Moral Obligation Or A Mandatory Measure Under International Treaties, Ramy A. Ibrahim

City University of New York Law Review

No abstract provided.

E-Discovery In Criminal Defense: Challenges Of Pretrial Detainee Access, Emilee A. Sahli

City University of New York Law Review

No abstract provided.

Immigration Federalism As Ideology: Lessons From The States, Lina Newton

Publications and Research

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …

Factors Influencing The Choice Of A Safe Haven For Offloading Illegally Caught Fish: A Comparative Analysis Of Developed And Developing Economies, Nerea Marteache, Julie S. Viollaz, Gohar A. Petrossian

Publications and Research

Using data from 72 countries, this study focuses on factors that affect illegal, unreported, and unregulated (IUU) fishing vessels’ choice of country to offload their catch, with a specific emphasis on the differences between developed and developing economies. The concept of choice-structuring properties is applied to analyze whether the following factors influence the selection of a country: concealability of vessels and illegally caught fish; convenience of the ports; strength of fisheries monitoring, control, and surveillance measures; effectiveness of country governance; and commitment to wildlife protection regulations. Results indicate that, rather than a country’s level of development, situational factors play a …

"Responses From The Field: Sexual Assault, Domestic Violence, And Policing”, Julie Goldscheid, Donna Coker, Sandra Park, Tara Neal, Valerie Halstead

Publications and Research

No abstract provided.

Lifting The Ban On Women’S Shelters In Iraq: Promoting Change In Conflict, Lisa Davis

Publications and Research

No abstract provided.

Eyewitness Identification Jury Instructions: Do They Enhance Evidence Evaluation?, Marlee Kind Berman

Dissertations, Theses, and Capstone Projects

Mistaken eyewitness identifications are a leading cause of wrongful convictions. Even with procedural safeguards (e.g., cross-examination) in place, jurors still have difficulty evaluating the reliability of eyewitness identifications. The purpose of the present line of research is to examine whether the issue-specific judicial instructions, set forth by the New Jersey Supreme Court (New Jersey v. Henderson, 2011), effectively sensitize jurors to eyewitness identification accuracy. Results of the first study indicate that the current Henderson instructions delivered on issues specific to a case are not as effective as intended. Results of the second study indicate a sensitivity effect, such that mock …

A Long-Term Follow-Up Of Crossover Youth: Young Adult Outcomes For Maltreated Youth In The Juvenile Justice System, Carly Lyn Baetz

Dissertations, Theses, and Capstone Projects

Crossover youth, those with histories of childhood maltreatment and delinquency, may be at high risk for negative outcomes compared to other youth. However, very little is known about the long-term outcomes for this population. This dissertation compared four groups: youth with histories of child maltreatment and juvenile arrest (n = 180), youth with a history of maltreatment only (n = 428), youth with a history of juvenile arrest only (n = 91), and youth with no history of maltreatment or juvenile arrest (n = 496), on a range of outcomes, including mental health, education, employment, and criminal behavior. Data from …

Deception As Forgery: The Role Of Reference Information In Honesty And Deceit, Timothy John Luke

Dissertations, Theses, and Capstone Projects

Using concepts derived from cybernetics, self-presentation theory, and research on human self-regulation, I develop a cybernetic perspective of deception and self-presentation. In this perspective, human communication, both honest and deceptive, is controlled by feedback mechanisms. I report two studies designed to test the basic prediction derived from the cybernetic framework that deceivers are able to better emulate truth-tellers when they have access to relevant reference information about the way truth-tellers behave. Each study manipulated liars' and truth-tellers' access to reference information in a different manner. In Study 1, some participants viewed video recordings of people being interviewed in a manner …

Knowing Children/Children Knowing: Nineteenth-Century British Child Law And Literature, Donna Paparella

Dissertations, Theses, and Capstone Projects

Why are nineteenth-century literary narratives filled with children's accounts of bad parents, dead parents, absent parents, and surrogate parents? What are the origins of our current preoccupation with children as evidenced, for example, in Ian McEwan's new novel, The Children Act; New York State's recent amendments to the name and role of "Attorney for the Child"; and today's vehement debates over parenting styles? The mid-nineteenth century was a period of intense preoccupation with "the child": it engendered family law; it generated an explosion of representations of children in art and literature; and it witnessed the beginnings of the scientific …

A Cognitive-Based Indicator Of Deviant Sexual Arousal: Concurrent Validation Of The Emotional Stroop, Ashley H. Spada

Dissertations, Theses, and Capstone Projects

One of the strongest dynamic predictors of sexual recidivism among sex offenders is deviant sexual arousal (DSA; Hanson & Bussiére, 1998). Phallometric testing, the most commonly used method of assessing DSA, has elicited numerous methodological, ethical, and financial criticisms, while self-report measures are vulnerable to social desirability and lack of self-awareness. In an effort to overcome the limitations of previous measures of DSA, researchers have employed cognitive measures including a modified version of the Stroop task to measure DSA among sexual offenders (Price & Hanson, 2007; Smith & Waterman, 2004). These original studies used victim selection to assess the concurrent …

Vulnerable, Not Voiceless: Outsider Narrative In Advocacy Against Discriminatory Policing, Nicole Smith Futrell

Publications and Research

Activists and lawyers advocating for those who are targeted, arrested, and prosecuted as a result of aggressive policing practices are often the first to hear individual accounts of the dehumanizing treatment endured by vulnerable communities. Working on the front lines of the criminal justice system on a daily basis may cause advocates to regard these descriptions as commonplace, such that the transformative potential of a shared personal experience is overlooked. Critical race, practice-oriented, and narrative theory scholarship have long recognized the power of telling one’s story. These disciplines have explored how outsider narrative, or the articulated experience of groups subordinated …

Situational Crime Prevention And Worldwide Piracy: A Cross‑Continent Analysis, Jon M. Shane, Eric Piza, Marissa Mandala

Publications and Research

Relying on situational crime prevention perspective, this study compares successful and unsuccessful pirate attacks reported to the International Maritime Bureau (IMB) from the year 2000 through 2013 (n = 4,902). The study builds upon the recent work of Shane and Magnuson in Justice Quarterly, pp 1–26 (2014), which found various SCP techniques effectively prevented piracy attacks on a global level. The current study builds upon these findings by testing whether the global effect of SCP is consistent across individual continents. A series of mixed-effects logistic regression models and follow-up likelihood ratio tests were incorporated to explore the research question. In …