All Articles tagged SEC

• 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.

• New York Appeals
  March 19, 2024 EDT
  (BLOW THE) WHISTLE WHILE YOU WORK: NEW YORK LABOR LAW SECTION 740, THE REMEDIAL NATURE OF ITS AMENDMENTS, AND ITS RETROACTIVE APPLICABILITY
  Adam P. Grogan, Esq.

  This Article analyzes the development of whistleblower protections under Section 740 in New York and the factors determining whether the 2021 Amendment is retroactive, considering the amendment's intent and purpose.

• Justice Commentaries
  August 16, 2023 EDT
  THE DANGERS OF ICE’S UNCHECKED REARREST POWER
  Talia Peleg

  This article is the first to examine rearrest before an adult non-citizen has been ordered removed or potentially even found to be removable.

• 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
  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.

• Justice Commentaries
  May 11, 2021 EDT
  Criminal Jury Instructions: A Case Study
  Michael D. Cicchini

  This Article explores the importance of jury instructions and provides a legal strategy to modify the Wisconsin jury instructions, recently revealed to have been drafted by University of Wisconsin-Madison employees.

• 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.

• 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
  January 17, 2020 EDT
  THE SANCTUARY OF PROSECUTORIAL NULLIFICATION
  Zohra Ahmed

  This article examines the role local prosecutors can play to isolate cities and states from the federal immigration enforcement regime.

• Justice Commentaries
  May 28, 2019 EDT
  WHEN A PLEA IS NO BARGAIN AT ALL: COMPARING SENTENCING OUTCOMES FOR MASSACHUSETTS DEFENDANTS IN NON-SEXUAL AND SEXUAL CRIMES
  Annabelle Frazier

  This study addresses gaps in research relating to sexual and violent crime prosecution by following up on Abrams’s conclusion that plea-bargaining does not result in sentence reductions for defendants.

• 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.

• New York Appeals
  October 12, 2018 EDT
  JUDGE JENNY RIVERA: THE LONE DISSENTER FOR THE ACCUSED
  Linnea E. Riegel

  After five years on the bench, Judge Rivera is not known as a judicial activist, a judge for women or Latina/os; she is the judge for the accused.

• New York Appeals
  October 12, 2018 EDT
  THE HON. MICHAEL J. GARCIA: FROM PROSECUTOR TO THE COURT OF APPEALS
  Eric O’Bryan

  This article analyzes the opinions of Judge Garcia during his time on the New York Court of Appeals.

• Justice Commentaries
  July 17, 2018 EDT
  THE SKY POLICE: DRONES AND THE FOURTH AMENDMENT
  Jessica Dwyer-Moss

  This article examines Fourth Amendment concerns raised by government drone surveillance in light of the Supreme Court’s recent decisions in cases dealing with new technologies.

• Justice Commentaries
  July 17, 2018 EDT
  SNAKE OIL WITH A BITE: THE LETHAL VENEER OF SCIENCE AND TEXAS’S DEATH PENALTY
  James R. Acker

  This article examines the several stages of Texas capital prosecutions in which unreliable expert and scientific opinions have contributed to the prosecution and execution of persons accused of committing murder.

• General
  April 15, 2018 EDT
  FROM THE CLOSET TO THE BOARDROOM: REGULATING LGBT DIVERSITY ON CORPORATE BOARDS
  Alexander M. Nourafshan

  This article proposes reforms to strengthen the SEC’s diversity disclosure rule by defining diversity and mandating disclosure of specific demographic traits: race, gender, sexual orientation, and gender identity.

• Justice Commentaries
  November 08, 2017 EDT
  ADDRESSING THE BALANCE: RESTRUCTING CIPA AND FISA TO MEET THE NEEDS OF JUSTICE AND THE CRIMINAL JUSTICE SYSTEM
  Wesley S. McCann

  This article examines The Classified Information Procedures Act (CIPA) and Foreign Intelligence Surveillance Act (FISA) within the context of terrorism and national security-related prosecutions and the extent to which each...

• General
  June 16, 2017 EDT
  SECRETS AND SECURITY: OVERCLASSIFICATION AND CIVIL LIBERTY IN ADMINISTRATIVE NATIONAL SECURITY DECISIONS
  Ann Koppuzha

  This article discusses due process procedures relating to national security administrative decisions such as placing someone on the No-Fly list.

• New York Appeals
  May 05, 2017 EDT
  UNIVERSAL BACKGROUND CHECKING—NEW YORK’S SAFE ACT
  James B. JacobsZoe A. Fuhr

  This article focuses on the SAFE Act’s requirement that all sellers, indeed all transferors, of firearms and ammunition initiate purchaser (transferee) background checks.

• Justice Commentaries
  December 17, 2016 EDT
  THE PROSECUTOR’S DUTY OF SILENCE
  Bennett Gershman

  This article demonstrates that regulation of prosecutor speech is piecemeal and inconsistent.

• Justice Commentaries
  December 08, 2016 EDT
  RECANTATIONS AND THE PERJURY SWORD
  Russell D. Covey

  This essay sets forth the argument for reforming our approach to recantation evidence.

• General
  May 27, 2016 EDT
  IDENTITY AND NARRATIVE: TURNING OPPRESSION INTO CLIENT EMPOWERMENT IN SOCIAL SECURITY DISABILITY CASES
  JoNel Newman

  This article argues that because of the economic importance of the Social Security programs, client-centered advocates should not abandon the practice of Social Security disability law.

• Justice Commentaries
  August 03, 2015 EDT
  GENDERING AND RACING WRONGFUL CONVICTION: INTERSECTIONALITY, “NORMAL CRIMES,” AND WOMEN’S EXPERIENCES OF MISCARRIAGE OF JUSTICE
  Elizabeth WebsterJody Miller

  This article considers how gendered and raced biases play fundamental roles in creating the crime and suspect typifications that take hold and shape the practices of criminal justice system actors.

• Justice Commentaries
  August 03, 2015 EDT
  GENDERING AND RACING WRONGFUL CONVICTION: INTERSECTIONALITY, “NORMAL CRIMES,” AND WOMEN’S EXPERIENCES OF MISCARRIAGE OF JUSTICE
  Elizabeth WebsterJody Miller

  This article considers how gendered and raced biases play fundamental roles in creating the crime and suspect typifications that take hold and shape the practices of criminal justice system actors.

• General
  March 23, 2015 EDT
  THE CONTINUING BATTLE OVER THE SECOND AMENDMENT
  Allen Rostron

  This article provides an updated look at the ongoing battle over the Second Amendment in the lower courts.

• General
  March 23, 2015 EDT
  EDUCATION FOR SYRIAN REFUGEES: THE FAILURE OF SECOND-GENERATION HUMAN RIGHTS DURING EXTRAORDINARY CRISES
  Joseph O’Rourke

  This note will consider the international human right to education for child refugees in the context of the Syrian Refugee Crisis.

• General
  March 23, 2015 EDT
  A LOADED DEBATE: THE RIGHT TO KEEP AND BEAR ARMS IN THE TWENTY-FIRST CENTURY
  Michael R. Lieberman

  Foreword to symposium.

• General
  March 23, 2015 EDT
  NEW YORK STATE AND THE NEW YORK SAFE ACT: A CASE STUDY IN STRICT GUN LAWS
  Robert J. Spitzer

  This article examines the case of New York—a state that has long been in the forefront of tougher gun laws, and that has, in the minds of some, become a...

• General
  March 23, 2015 EDT
  NEW YORK’S NOT SO “SAFE” ACT: THE SECOND AMENDMENT IN AN ALICE-IN-WONDERLAND WORLD WHERE WORDS HAVE NO MEANING
  Stephen P. Halbrook

  This note states that arguments that seek to justify the SAFE Act reflect a fundamental misunderstanding of the basic nature of the right to keep and bear arms.

• New York Appeals
  February 13, 2015 EDT
  NOREX V. BLAVATNIK—HOW THE COURT OF APPEALS “BORROWED” FIRST AND“SAVED” LATER
  Peter McGowanIsaac S. Greaney

  This article will review the statutory text and case law related to CPLR section 202 and CPLR section 205(a) and analyze whether the Court of Appeals’ decision in Norex truly...

• New York Appeals
  February 13, 2015 EDT
  REFORMING NEW YORK LABOR LAW SECTION 240(1)
  William J. Greagan

  Judicial interpretation is responsible for the expansion of liability for owners and general contractors and judicial reform is necessary and appropriate to correct the current imbalance.

• State Constitutional Commentary
  January 05, 2015 EDT
  CRITIQUE OF MONEY JUDGMENT PART THREE: RESTRAINING NOTICES
  David Gray Carlson

  This article concludes that Verizon exposes serious weaknesses in the New York law of money judgment collection.