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Articles 1 - 11 of 11

Full-Text Articles in Law

People V. Marian, Jakub D. Brodowski Jan 2017

People V. Marian, Jakub D. Brodowski

NYLS Law Review

No abstract provided.


Ankle Monitors For Everyone: The Plight Of Eyewitness Identifications In Louisiana, Quinn Rapp-Ellis Jan 2017

Ankle Monitors For Everyone: The Plight Of Eyewitness Identifications In Louisiana, Quinn Rapp-Ellis

NYLS Law Review

No abstract provided.


#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin Jan 2017

#Stopimmunizing: Why Social Networking Platform Liability Is Necessary To Provide Adequate Redress For Victims Of Cyberbullying, Michael S. Isselin

NYLS Law Review

No abstract provided.


The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations, Angela Nascondiglio Jan 2017

The Cost Of Comfort: Protecting A Criminal Defendant’S Constitutional Rights When Child Witnesses Request Comfort Accommodations, Angela Nascondiglio

NYLS Law Review

No abstract provided.


Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr Jan 2017

Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr

Other Publications

No abstract provided.


People V. Marian, Caroline Galda Jan 2017

People V. Marian, Caroline Galda

NYLS Law Review

No abstract provided.


United States V. Ermoian, Anisa Bartholomew Jan 2017

United States V. Ermoian, Anisa Bartholomew

NYLS Law Review

No abstract provided.


God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin Jan 2017

God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin

Articles & Chapters

Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …


Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky Jan 2017

Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky

Other Publications

No abstract provided.


A Contextual Approach To Harmless Error Review, Justin Murray Jan 2017

A Contextual Approach To Harmless Error Review, Justin Murray

Articles & Chapters

Harmless error review is profoundly important, but arguably broken, in the form that courts currently employ it in criminal cases. One significant reason for this brokenness lies in the dissonance between the reductionism of modern harmless error methodology and the diverse normative ambitions of criminal procedure. Nearly all harmless error rules used by courts today focus exclusively on whether the procedural error under review affected the result of a judicial proceeding. I refer to these rules as “result-based harmlesserror review.” The singular preoccupation of result-based harmless error review with the outputs of criminal processes stands in marked contrast with criminal …


"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Lynch Jan 2017

"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Lynch

Articles & Chapters

Persons institutionalized in psychiatric hospitals and “state schools” for those with intellectual disabilities have always been hidden from view. Such facilities were often constructed far from major urban centers, availability of transportation to such institutions was often limited, and those who were locked up were, to the public, faceless and often seen as less than human.

Although there has been regular litigation in the area of psychiatric (and intellectual disability) institutional rights for 40 years, much of this case law entirely ignores forensic patients – mostly those awaiting incompetency-to-stand trial determinations, those found permanently incompetent to stand trial, those acquitted …