All Articles tagged INA

• General
  September 27, 2024 EDT
  MARINE WILDLIFE CONSIDERATIONS FOR A CONVENTION GOVERNING FLOATING OFFSHORE WIND TURBINES
  Elisabeth Schanz

  This Student Note considers how international governing bodies may resolve conflicts arising between protecting marine wildlife and the developments in ocean renewable energy technologies, like floating offshore wind turbines (“FOWTs”).

• 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.

• General
  April 09, 2024 EDT
  THE SECURITIES AND EXCHANGE COMMISSION AND CRYPTOASSETS: A STUDY IN IRONY
  Carol Goforth

  This Article considers how the SEC inconsistently applies the definition of a security in the context of investment contracts to cryptoassets and advocates for legislative intervention to alleviate confusion.

• 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.

• State Constitutional Commentary
  August 28, 2023 EDT
  STATE CONSTITUTIONS AND PRIVILEGES OR IMMUNITIES
  John L. Rockenbach

  This article makes an originalist case for incorporating state constitutional rights into the federal constitution, relying on the Privileges or Immunities Clause of the Fourteenth Amendment.

• 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.

• Justice Commentaries
  June 15, 2023 EDT
  THE CONSTITUTIONAL TORT OF SHIELDING CRIMINAL WRONGDOERS IN VIOLATION OF THE EQUAL PROTECTION OF THE LAWS
  John Crain

  This article suggests a new way to view the injury to the crime victim in a discriminatory decision not to prosecute, and a new way to redress that injury.

• General
  May 21, 2023 EDT
  “THE TIMOROUS MAY STAY AT HOME”: JUDGE CARDOZO’S PROPHECY IN CONTEMPORARY UNITED STATES SUPREME COURT JURISPRUDENCE
  Benjamin Pomerance

  This Article discusses today’s political and judicial rhetoric focusing on the question of whether the U.S. should be a place where laws command that the timorous may stay at home.

• 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
  January 06, 2023 EDT
  ABANDONING ORIGINAL MEANING
  Michael L. Smith

  This article argues the United States Supreme Court has abandoned the original public meaning approach in its recent opinions in Bruen, Dobbs, and Kennedy.

• General
  November 20, 2022 EDT
  AMERICAN SQUATTER
  Marc L. Roark

  Different approach to the squatter’s narratives from Peñalver and Katyal and Dobbz—squatters reveal the essence of how property law articulates values embedded in social and legal treatment of land relationships.

• 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 30, 2022 EDT
  REFUSING UNWANTED MEDICAL TREATMENT: AN UNPROTECTED RIGHT
  Nathaniel Clark

  Examines the background of futile treatment & advance directives, tort of wrongful prolongation of life & solutions for the reticence of the courts to protect an individuals’ right to die.

• General
  September 23, 2022 EDT
  Due Process and the Pretrial Detention Provisions of the Federal Criminal Code Reform Bill of 1981
  Terry O'Neill

  An analysis of section 3502 of the Criminal Code Reform Bill of 1981 and discussion of pretrial detention hearings and procedural due process requirements.

• 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.

• 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 17, 2021 EDT
  THE “WHOREARCHY”: WEBCAMMING AND PROSTITUTION, SOCIETY AND POLITICS
  Olivia R. Cox

  This note outlines the “whorearchy” mindset and how it explains why certain types of sex work are legal while other types are not.

• General
  February 17, 2021 EDT
  COMPROMISING WITHIN NEW YORK’S CPL ARTICLE 245 DISCOVERY DEMANDS
  Cassidy V. Milam

  This note considers the new discovery demand laws in New York and offers recommendations for future legislation on discovery.

• Justice Commentaries
  January 01, 2021 EDT
  PROMOTING EXPUNGEMENTS TO MINIMIZE THE ADVERSE IMPACT OF SUBSTANCE USE DISORDER CRIMINALIZATION
  Brittany KellyJohn HeinzAnthony SingerAila Hoss

  This article explores expungement as a tool in mitigating the harmful impacts of criminalizing substance use disorder.

• 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
  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.

• General
  July 22, 2020 EDT
  THE FAIR DEAL UNIVERSAL HEALTH CARE PROPOSALS: HISTORIANS’ PERSPECTIVES FROM 1970 TO 2003
  George Horvath

  This article recalls the last attempts at achieving universal coverage in the United States.

• General
  July 22, 2020 EDT
  BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS
  Candace White

  To implement meaningful reform, states must work alongside groups such as the ACLU to either structure reform efforts to the individual needs of communities or eliminate bail systems.

• Justice Commentaries
  May 28, 2019 EDT
  RELIABLE JUSTICE: ADVANCING THE TWOFOLD AIM OF ESTABLISHING GUILT AND PROTECTING THE INNOCENT
  James R. Acker

  This article attempts to cast a somewhat different light on the traditional domain of wrongful conviction scholarship and policy.

• Justice Commentaries
  May 28, 2019 EDT
  CONFRONTING THE TWENTY-FIRST-CENTURY MARIAN EXAMINATION
  Lauren McLane

  The Supreme Court should implement Justice Thomas’s “formality and solemnity” approach the next time the Court interprets the Confrontation Clause in the context of multi-analyst forensic disciplines.

• General
  February 28, 2019 EDT
  TOO MUCH SUN CAN BURN: REASSESSING PUBLIC ACCESS TO CONFIDENTIAL EMPLOYMENT SETTLEMENT AGREEMENTS IN PUBLIC EDUCATION
  Mark A. Paige

  This article contends that the current legislative and judicial presumption in most states that such agreements are completely open to inspection should be revised for several reasons.

• General
  December 12, 2018 EDT
  PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD
  Brendan Beery

  Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.

• General
  December 12, 2018 EDT
  THE TIDES OF TRANSGRESSIONS: AN ANALYSIS OF DEFAMATION AND THE RIGHTS OF THE LGBT COMMUNITY
  Ashley Milosevic

  The purpose of this discussion is to examine the arguments, history, and possible solutions to considering a false imputation of homosexuality defamatory.

• New York Appeals
  October 12, 2018 EDT
  THE STATE OF PHYSICAL INJURY AND SERIOUS PHYSICAL INJURY IN NEW YORK CRIMINAL LAW
  Colleen D. DuffyIvy Ozer

  This article reviews recent New York cases in criminal assault and highlights the differences in outcome among the judicial departments in their treatment of physical injury and serious physical injury.

• New York Appeals
  October 12, 2018 EDT
  THE NEW YORK STATE BAR ASSOCIATION’S PROPOSED AMENDMENT TO CPLR 5501: A NON-SOLUTION TO A NON-PROBLEM
  Michael J. Nolan

  This article argues that the proposed amendment ot CPLR 5501 is both unnecessary and unwise.

• New York Appeals
  October 12, 2018 EDT
  FINANCIAL CRIMES AGAINST THE ELDERLY AS A HATE CRIME IN NEW YORK STATE
  Irene Byhovsky

  This paper addresses issues of financial crimes against the elderly on both federal and state levels, with a particular focus on New York State.

• New York Appeals
  October 12, 2018 EDT
  WHEN THE CHIEF WRITES: AN EXAMINATION OF CHIEF JUDGE JANET DIFIORE’S OPINIONS
  Emma L. Tiner

  This article examines Chief Judge DiFiore as a writer, with an especial focus on her criminal opinions.