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Articles 1 - 20 of 20
Full-Text Articles in Law and Psychology
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu
Journal of Law and Policy
Legal and psychiatric systems respond to parents in distress-oriented altered states (often labeled “postpartum psychosis”) in ways that reveal deep structural failures. Rather than providing genuine care, these states are criminalized, pathologized, and met with coercive treatment, family separation, and surveillance. Drawing on Silvia Federici’s Caliban and the Witch, this article traces these systems to the rise of colonial-capitalist-patriarchy, when land was enclosed, reproductive labor weaponized, and community healing knowledge expropriated. Clinical mental health and family regulation systems continue this legacy today, punishing Madness, disempowering caregivers, and undermining community capacity to respond to distress. The author examines cases of postpartum …
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Battling Baby Brokers: A Comparative Analysis Of The United States’ Versus Europe’S Adoption Policies, Amanda P. Gonzales
Brooklyn Journal of International Law
Child adoption involves the permanent transfer of parental rights from a child’s biological or legal parents to another party. Parties in the Unites States (US) have engaged in this process in various forms for centuries. Today, over one hundred thousand children are adopted by American families each year. Many of these adoptions take place privately through agencies. An agency assists in the process of matching prospective adoptive parents with birth parents from whom they will adopt a child. In exchange for this assistance, the prospective adoptive parents pay tens of thousands of dollars in fees and expenses to the agency …
Addressing The Toll Of Truth Telling, Inga N. Laurent
Addressing The Toll Of Truth Telling, Inga N. Laurent
Brooklyn Law Review
Across the United States, there are mounting and renewed calls for applying restorative justice principles to deeply entrenched societal ills based on reconciliation, namely in the form of truth and reconciliation commissions (TRCs). Amid our great mobilization, we would be wise to pause, contemplating lessons from lived experiences. Since the 1970s, approximately thirty-five national truth commissions have taken place. In South Africa, Canada, Sierra Leone, and many processes, TRCs have proven adept at cataloguing approved instances of victim and survivors’ (VS) stories and elaborately contextualizing conflict through a new historical lens. Despite the transformative potential of TRCs, they are still …
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Consider Collateral Consequences: The Inherent Hypocrisy Of Veterans Treatment Courts’ Failure To Dismiss Criminal Charges, Julia W. Williams
Journal of Law and Policy
American veterans are often plagued by psychological and physical injuries, among other hardships, which, when unaddressed, can lead to substance abuse, criminal behavior, and suicide. As public awareness of the difficulties that American veterans face was growing, the problem-solving court movement was also gaining momentum. Largely inspired by therapeutic jurisprudence, an interdisciplinary framework that sees the law as a way to reach therapeutic outcomes, problem-solving courts seek to identify the root causes of criminal behavior and address those causes in ways that promote rehabilitation and reduce recidivism. Veterans Treatment Courts (“VTCs”) emerged when veterans advocacy intersected with the problem-solving court …
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Slaying The Serpents: Why Alternative Intervention Is Necessary To Protect Those In Mental Health Crisis From The State-Created Danger “Snake Pit”, Kathleen Giunta
Journal of Law and Policy
The Black Lives Matter protests in 2020 and ongoing reports of police brutality around the United States sparked extensive debate over qualified immunity and the legal protections that prevent police accountability. Individuals experiencing mental health crises are especially vulnerable to police violence, since police officers lack the requisite skills and knowledge to provide effective crisis support during mental health emergencies. Although the state-created danger doctrine was created by the courts as an exception to qualified immunity, it is so rarely applied that individuals harmed or even killed by police are left without legal remedy. This Note explores qualified immunity and …
The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe
The Victim/Offender Overlap And Criminal System Reform, Cynthia Godsoe
Brooklyn Law Review
Victimization makes people more likely to harm others, and vice versa. In short, “hurt people hurt people.” This victim/offender overlap is especially pronounced in sexual and violent offenses. Unfortunately, the criminal law continues to imagine victims and offenders in two different and mutually exclusive categories, each rigidly defined and morally laden. I first encountered this phenomenon while representing teenagers termed “crossover youth” due to their being both in the foster care system and the juvenile criminal system, and was surprised to find so little on this topic in the criminal law literature. Beginning to fill this gap is an important …
What Are Victim Impact Statements For?, Susan A. Bandes
What Are Victim Impact Statements For?, Susan A. Bandes
Brooklyn Law Review
In Payne v. Tennessee, the US Supreme Court upheld the admission of victim impact statements (VIS) on the ground that they provide valuable information to the sentencer. In the three decades since, two additional rationales for VIS have become ascendant: most prominently, a therapeutic rationale, and more recently, a public education rationale. In this article, I expand upon my critiques of the informational and therapeutic rationales in light of a growing body of empirical evidence about how VIS affect both sentencers and crime victims. Focusing on the powerful and viral VIS delivered at the Larry Nassar guilty plea hearings and …
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Prosecuting The Phone Scammer When Extradition Fails And Concurrent Jurisdiction Exists, Michelle Lepkofker
Brooklyn Journal of International Law
Advancements in technology allow people to place phone calls half a world away via the internet. This technology has made it easier and cheaper for consumers to communicate, but it has also made it easier for scammers to reach more unsuspecting victims. In 2020, TrueCaller, an app designed to block scam phone calls, successfully blocked, and identified 31.3 billion spam calls in 20 countries. In the same year, Americans alone lost a total of USD $ 29.8 billion to scam calls. This Note argues that phone scams continue to be lucrative, in part, because criminal prosecutions of transnational crimes are …
Mechanical Turk Jurisprudence, Shlomo Klapper
Mechanical Turk Jurisprudence, Shlomo Klapper
Brooklyn Law Review
This paper argues that data-driven interpretation creates a “Mechanical Turk” jurisprudence: a jurisprudence that appears mechanical but in fact is thoroughly human. Its contribution to the literature is twofold. First, it articulates an intellectual history of data-driven interpretation: data-driven tools have been adopted because society associates quantification with a mechanical objectivity and because objectivity is at the center of debates over statutory interpretation. Second, it criticizes surveys as an interpretative tool: in addition to a host of practical execution problems, surveys misunderstand the concept of “ordinary meaning” and threaten to undermine the value of faithful agency.
The Use Of Force To Prevent Recurrence Of Conflict: Where Are The Limits Of Self-Defense?, Laurie R. Blank
The Use Of Force To Prevent Recurrence Of Conflict: Where Are The Limits Of Self-Defense?, Laurie R. Blank
Brooklyn Law Review
The prohibition on the use of force is the central pillar of the international system of peace and security, and yet contemporary conflicts continue to stretch and pressure this foundational rule. This article examines how international law applies to the use of force in the territory of another state for the purpose of preventing a resurgence of violence after a conflict has ended. In the absence of consent or U.N. Security Council authorization, can self-defense be a justification for a state to use force to prevent the resurgence of conflict? In January 2018, the United States announced an intended policy …
Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, Sharon Oded
Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, Sharon Oded
Journal of Law and Policy
With the rise of globalization, foreign corruption has become a prominent enemy of the world’s economy. Over time, numerous international initiatives―such as the OECD and United Nations conventions against foreign corruption―have enlisted a growing number of sovereign states to join in the global war against that enemy. As a consequence, global enhancement of anti-foreign corruption enforcement often results in duplicative, multi-jurisdictional enforcement, such that multiple enforcement actions are initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was recently addressed by the US Department of Justice in …
Rating Analyst Degrees Of Freedom, Vijay Raghavan
Rating Analyst Degrees Of Freedom, Vijay Raghavan
Faculty Scholarship
No abstract provided.
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Essay: Corporate Triplespeak: Responses By Investor-Owned Utilities To The Epa’S Proposed Clean Power Plan, Alan R. Palmiter
Brooklyn Law Review
During the year following the EPA’s proposed Clean Power Plan to regulate CO2 emissions in the power sector, the largest investor-owned electric utilities engaged in a curious triplespeak. Employing the moral language of political conservatives, the utilities focused on whether and how the EPA had transgressed its “traditional” regulatory role, thus altering the “structure” of energy federalism and potentially “degrading” orderly power supplies. In disclosure filings with the Securities and Exchange Commission, the utilities used the moral language of political libertarians, focusing on the “financial risks” that federal government “intervention” poses to efficient power “markets” and to the “freedom” of …
Learning And The Law: Improving Behavioral Regulation From An International And Comparative Perspective, Georgios Dimitropoulos, Philipp Hacker
Learning And The Law: Improving Behavioral Regulation From An International And Comparative Perspective, Georgios Dimitropoulos, Philipp Hacker
Journal of Law and Policy
Various disciplines are increasingly discovering the power of learning. However, the potential and the complexities of learning theory in decision-making contexts have so far been neglected by scholarship in law and economics as well as behavioral law and economics: either learning is uncritically assumed to occur and to mitigate biases, or it is generally claimed that learning is insufficient to overcome cognitive biases. Even where learning is considered, the scope is merely limited to individual or social learning. Learning by and across institutions, a crucial factor for effective regulation, is largely ignored. That type of learning should be paramount, however, …
The Question Concerning Technology In Compliance, Sean J. Griffith
The Question Concerning Technology In Compliance, Sean J. Griffith
Brooklyn Journal of Corporate, Financial & Commercial Law
In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.
Psychological Harm And Constitutional Standing, Rachel Bayefsky
Psychological Harm And Constitutional Standing, Rachel Bayefsky
Brooklyn Law Review
When do psychological or emotional harms count as “injury-in-fact” for the purposes of satisfying Article III standing requirements, and when should they? Courts have wrestled with whether to grant standing, for example, to family members of a man killed by the police who argued that as relatives of the deceased, they had suffered emotional pain; members of an animal-welfare organization who claimed they had undergone “sleeplessness, depression, and anger” when they were unable to visit an elephant at the zoo; and members of a Catholic organization who challenged a city resolution criticizing the Catholic Church’s stance on adoption by same-sex …
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Thailand's Ban On Commercial Surrogacy: Why Thailand Should Regulate, Not Attempt To Eradicate, Allison L. Zimmerman
Brooklyn Journal of International Law
International commercial surrogacy is when a person or couple from one country hires a surrogate in a different country. In recent years, this form of reproductive tourism has been a booming industry in Thailand due to the lack of meaningful regulation, relatively low cost, and unavailability in other countries. After a string of scandals involving Thai surrogacy arrangements arose, however, the Thai government enacted the Protection for Children Born Through Assisted Reproductive Technologies Act (the “ART Act”), prohibiting Thai commercial surrogacy from serving foreign clients, and only allowing Thai heterosexual couples to make use of surrogacy arrangements. As a result, …
The Hidden World Of Unconscious Bias And Its Impact On The "Neutral" Workplace Investigator, Ashley Lattal
The Hidden World Of Unconscious Bias And Its Impact On The "Neutral" Workplace Investigator, Ashley Lattal
Journal of Law and Policy
Workplace investigations into complaints of harassment, discrimination, and other allegations of workplace misconduct have become a critical method for employers to establish that they have complied with certain obligations to provide a discrimination-free workplace. As a result, the fairness and effectiveness of the workplace investigation process utilized by employers has increasingly come under judicial scrutiny. The nature of workplace investigations rests upon the assumption and expectation that workplace investigators are capable of being impartial in making findings of fact. For this reason, courts have identified the impartiality of the investigator as a key tenet of a fair and effective workplace …
A Limited Defense Of Clinical Placebo Deception, Adam Kolber
A Limited Defense Of Clinical Placebo Deception, Adam Kolber
Faculty Scholarship
No abstract provided.
Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski
Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski
Faculty Scholarship
No abstract provided.