All Articles tagged ICE

• Justice Commentaries
  December 24, 2024 EDT
  DISPLACING CLIMATE PRECARITY
  Camila BustosJulia Neusner

  This Essay explores how the law identifies climate-displaced people and states’ obligations to protect them, aruging that guaranteeing substantial support for the Loss and Damage Fund is the first step.

• General
  October 11, 2024 EDT
  A CODE TOO EASILY BROKEN: CONTINUING CONCERNS REGARDING THE UNITED STATES SUPREME COURT’S NEW CODE OF CONDUCT
  Benjamin Pomerance

  This Article praises the Code of Conduct adopted by SCOTUS and highlights areas to amend to restore trust in the Court and ensure uniform ethical standards apply to all judges.

• General
  April 22, 2024 EDT
  SUPREME MIRAGE: CLARENCE THOMAS’S INVENTED HISTORY OF COLORBLINDNESS ORIGINALISM
  Zamir Ben-Dan

  Tracking his opinion in Students for Fair Admissions, this Essay proposes Justice Thomas’s “originalist defense of the colorblind Constitution” is manufactured history, refuting Thomas's race-blind reading of the 14th Amendment.

• Justice Commentaries
  February 26, 2024 EDT
  JUDGING FEDERAL DEFENSE SYSTEMS: DOES THE TYPE OF COUNSEL REPRESENTING DEFENDANTS INFLUENCE OUTCOMES IN FEDERAL DISTRICT COURT?
  Richard D. HartleyKelly Roberts FreemanBryce Peterson

  By linking court and sentencing data from the Federal Justice Statistics Program, this Article examines the influence of the type of counsel in federal criminal cases.

• General
  June 23, 2023 EDT
  UNCERTAINTY IN VIRTUAL CURRENCY TAXATION
  Neha Goel

  This note proposes solutions to address some of the current challenges and uncertainties the taxpayers face regarding virtual currency transactions.

• State Constitutional Commentary
  June 19, 2023 EDT
  GOVERNMENT EMPLOYEES NEED NOT APPLY: WHY THE STATE SEPARATION OF POWERS DOCTRINE BARS LEGISLATIVE DUAL SERVICE
  Robert FellnerColleen McCarty

  This Article concludes that for the many state constitutions with separation of powers clauses the best construction is one that prohibits all forms of legislative dual service.

• Justice Commentaries
  May 11, 2023 EDT
  USE OF FORCE AND CRIMINALIZATION
  Terry Skolnik

  This Article argues that the two limiting principles that justify use of force—necessity and reasonableness—should equally apply to justify criminalization

• General
  April 25, 2023 EDT
  AWAKENING THE LAW: KATE STONEMAN—AN AWAKENED WOMAN: BASED UPON ALBANY LAW SCHOOL’S KATE STONEMAN CELEBRATION SPEECH
  Berta Esperanza Hernández-Truyol

  We must ask ourselves daily: Am I going to take the easy road, and affirm the status quo? Or am I going to take a bold leap and fight injustice?

• New York Appeals
  March 23, 2023 EDT
  THE RISE AND FALL OF WORKERS’ COMPENSATION IN NEW YORK
  Robert E. Grey

  This Article traces the history of the New York Workers’ Compensation Law from its origin to the present day.

• General
  January 09, 2023 EDT
  FORCE OF HABIT? CONSIDERING THE RELEVANCE OF POST-INCIDENT EVIDENCE UNDER FEDERAL RULE OF EVIDENCE 406
  Marc D. GinsbergHugh M. Mundy

  This article reviews case law to determine if courts simply agree that the use of post-incident conduct to prove habit is illogical.

• General
  November 02, 2022 EDT
  LEGAL FICTION: READING LOLITA AS A SENTENCING MEMORANDUM
  Christina M. Frohock

  Using the example of Lolita, the Article explains how we can read Nabokov’s novel as a prolonged sentencing memorandum.

• General
  October 18, 2022 EDT
  UNEASY LIES THE HEAD THAT WEARS THE CROWN: A CHIEF JUSTICE’S STRUGGLE FOR HIS COURT
  Benjamin Pomerance

  Following the passing of Justice Ginsburg, and the ascendancy of Justice Barrett, Chief Justice Roberts's role on the Court has changed -- and changed in some dramatic ways.

• Justice Commentaries
  September 02, 2022 EDT
  A Deadly Combination: Violent Police Training, Racial Bias, and Lenient Courts
  Elizabeth Harmon

  This Note explores how law enforcement training and culture fail officers so greatly that unjustified civilian deaths are inevitable, and the fault lies with the training and culture.

• General
  August 18, 2022 EDT
  Criminal Leave in the Court of Appeals: A Case of Implicit Bias?
  Eugene F. Pigott Jr.

  The process for seeking review by the NY Court of Appeals should be the same for civil and criminal cases.

• Justice Commentaries
  August 10, 2021 EDT
  QUALIFIED IMMUNITY: WHERE DO WE GO FROM HERE?
  David Crump

  This article sketches where the qualified immunity law is at present and guesses where it might be going under contemporary proposals for change.

• Justice Commentaries
  June 16, 2021 EDT
  DEFUNDING THE POLICE: PRIVATIZATION AS A VIABLE ALTERNATIVE TO TRADITIONAL POLICE REFORM
  Sakkara Turpin

  This article argues that local governments with demonstrated patterns of misconduct within their police departments should privatize their police department as an alternative approach to defunding and traditional police reform.

• General
  February 24, 2021 EDT
  FIXING APPEAL WAIVERS IN NEW YORK
  Jonathan Cantarero

  This article discusses the history of appeal waivers in NY and offers practical tips to promote their proper execution in criminal courts to protect defendants and reduce caseloads.

• General
  February 03, 2021 EDT
  JACOBSON 2.0: POLICE POWER IN THE TIME OF COVID-19
  James R. Steiner-DillonElisabeth J. Ryan

  Only by updating the Jacobson doctrine to incorporate contemporary constitutional norms can the constitutional law of public health resolve the tension between individual rights and communal health.

• Justice Commentaries
  September 27, 2020 EDT
  ADRIFT IN THE INTERSTICES OF LAW AND JUSTICE: DIVINING RIGHT AND WRONG IN THE SAD, STRANGE CASE OF PEOPLE V. SCHMIDT
  James R. Acker

  If the question is whether Hans Schmidt’s conviction and execution were defensible in law and also consistent with justice, the answers, at a minimum, are debatable.

• Justice Commentaries
  September 27, 2020 EDT
  INDEPENDENT CRITICAL INCIDENT INVESTIGATION AGENCIES: A UNIQUE FORM OF POLICE OVERSIGHT
  Richard A. Rosenthal

  This article examines and compares the statutory framework for these agencies and examines theoretical best practices in this unique area of police oversight.

• Justice Commentaries
  September 27, 2020 EDT
  THE RAGE AGAINST THE FELONY MURDER RULE TRAP WHEN JUVENILES ARE PROSECUTED FOR MURDER IN CO-FELON KILLINGS
  Derrick Augustus Carter

  This article addresses the felony murder rule where juvenile and adult accomplices are liable for co-felon deaths at the hands of victims or police.

• Justice Commentaries
  September 27, 2020 EDT
  POSTCONVICTION INNOCENCE REVIEW IN THE AGE OF PROGRESSIVE PROSECUTION
  Elizabeth Webster

  This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.

• Justice Commentaries
  September 27, 2020 EDT
  PERCEPTIONS OF EXONEREES: A REVIEW OF THE PSYCHOLOGICAL SCIENCE
  Lakia FaisonLaura Smalarz

  This article reviews psychological research on the reintegration challenges faced by exonerees with a particular emphasis on social perceptions of exonerated individuals.

• New York Appeals
  September 16, 2020 EDT
  CONTRACTING AROUND CPLR 202: “ACCRUAL” BORROWING STATUTE IN NEW YORK PRACTICE AND WHY ITS CURRENT APPLICATION IS UNWORKABLE
  Benjamin J. Wisher

  This note argues that the current application of CPLR 202, New York's borrowing statute, is unworkable and courts need to approach this issue differently.

• General
  July 22, 2020 EDT
  SOURCES AND LIMITS FOR PRESIDENTIAL POWER: PERSPECTIVES OF ROBERT H. JACKSON
  Louis Fisher

  This article analyzes Jackson’s concurrence in Youngstown Co. v. Sawyer in the context of his other writings to better understand his position on presidential power.

• General
  July 22, 2020 EDT
  PATENTING BLOCKCHAIN: MITIGATING THE PATENT INFRINGEMENT WAR
  Shlomit Yanisky-RavidEdward Kim

  This article, while acknowledging blockchain’s potential, focuses on certain misperceptions that are often associated with the technology.

• State Constitutional Commentary
  March 18, 2020 EDT
  CHIEF STATE SUPREME COURTS JUSTICES, FROM JUDICIAL ELECTIONS TO DECISION MAKING: WOMEN’S ISSUES IN THE TRUMP ERA
  Cynthia Boyer

  This article aims to tackle the issue of women as chief justices in State Supreme Court in the Trump era.

• New York Appeals
  February 20, 2020 EDT
  POLICE USE OF DEADLY FORCE: REVISING JUDICIAL AND STATUTORY STANDARDS TO LIMIT UNJUSTIFIED VIOLENCE
  David J. Wukitsch

  This article examines ways to help reduce unwarranted instances of lethal force by law enforcement, examining the Fourth Amendment and New York Penal Law.

• New York Appeals
  February 05, 2020 EDT
  NEW VOICES, NEW RIGHTS, NEW YORK: A CASE STUDY AND A CALL FOR STUDENT JOURNALIST PROTECTIONS IN NEW YORK
  Roy S. Gutterman

  This article looks at the New Voices campaign and the background as to why it is time for New York to adopt a law protecting student journalists.

• General
  January 17, 2020 EDT
  UNJUST TIMING LIMITATIONS IN GENETIC MALPRACTICE CASES
  Gary MarchantBonnie LeRoyLauren ClatchEllen Wright Clayton

  There is a growing tension between an injured plaintiff’s right to seek legal recourse against a providers’ interest in preventing open-ended liability based on evidence that may be stale.

• General
  January 17, 2020 EDT
  THE KING IN HIS COURT: CHIEF JUSTICE JOHN ROBERTS AT THE CENTER
  Benjamin Pomerance

  This article focuses on the actions of the Chief Justice, the man believed to be the only potential successor to Justice Kennedy as the “swing voter” on this lofty bench.

• New York Appeals
  September 13, 2019 EDT
  THE APPELLATE DIVISION’S ADJUDICATION OF CHALLENGES TO POLITICAL PARTY NOMINATIONS IN 2018, AND ITS MEANING FOR BALLOT ACCESS IN NEW YORK
  Craig R. Bucki

  Two 2018 appellate division decisions that rejected potential candidacies on technical grounds demonstrate that more remains to be done to achieve the promise of equitable ballot access in New York.