All Articles tagged post

• 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.

• 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.

• General
  February 28, 2019 EDT
  LIVING MORTGAGE AND INTEREST FREE?: THE UNWARRANTED DISCHARGE FOR DEBTORS WHO FAIL TO MAKE DIRECT POST-PETITION MORTGAGE PAYMENTS
  Stephen J. Maier

  This paper addresses the issues bankruptcy courts in non-conduit jurisdictions face when permitting consumer debtors to directly remit post-petition mortgage payments to the mortgage holder, as opposed to the trustee.

• General
  December 12, 2018 EDT
  EFFECT OF THE REGULATORY ACCOUNTABILITY ACT OF 2017 ON INTER PARTES REVIEW: A LOOK AT TELEBRANDS CORP., V. TINNUS ENTERS., LLC
  Ashley E. Panek

  This article discusses a specific instance of an inconsistent ruling by the Patent Trial and Appeal Board in Telebrands Corp., v. Tinnus Enters., LLC.

• Justice Commentaries
  July 17, 2018 EDT
  FINGERPRINTS AND MISCARRIAGES OF JUSTICE: “OTHER” TYPES OF ERROR AND A POST-CONVICTION RIGHT TO DATABASE SEARCHING
  Simon A. ColeBarry C. Scheck

  This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.

• State Constitutional Commentary
  December 13, 2017 EDT
  “IMPOST BEGAT CONVENTION”: ALBANY AND NEW YORK CONFRONT THE RATIFICATION OF THE CONSTITUTION
  Calvin H. Johnson

  This article traces New York ratifying the federal Constitution.

• Justice Commentaries
  December 17, 2016 EDT
  IF HINDSIGHT IS 20/20, OUR JUSTICE SYSTEM SHOULD NOT BE BLIND TO NEW EVIDENCE OF INNOCENCE: A SURVEY OF POST-CONVICTION NEW EVIDENCE STATUTES AND A PROPOSED MODEL
  Justin BrooksAlexander SimpsonPaige Kaneb

  This article surveys the new evidence standard in post-conviction from around the country and explores the practical and legal ramifications of these standards.

• General
  March 23, 2015 EDT
  QUID LEGES SINE MORIBUS VANAE PROFICIENT: A BALANCING APPROACH TO THE POSTMORTEM APPLICATION OF THE ATTORNEY-CLIENT PRIVILEGE
  Kevin J. Maggio

  This article argues that where the balance favors disclosure of the confession, the court should permit disclosure of this otherwise confidential information.

• Justice Commentaries
  October 16, 2014 EDT
  THE FEDERAL SENTENCING GUIDELINES AND THE PURSUIT OF FAIR AND JUST SENTENCES
  Anjelica CappellinoJohn Meringolo

  This article analyzes the questions surrounding the post-Booker Guidelines from the perspective of the criminal defense attorney, with particular emphasis on the Guidelines‘ relationship to mandatory minimum drug laws.

• New York Appeals
  January 01, 2014 EDT
  THE EXPANSION OF NEW YORK STATE POST-CONVICTION RELIEF: PEOPLE V. SEEBER AND THE EXTENSION OF CPL 440.10(1)(B) BEYOND BRADY
  Karin S. Portlock

  The Third Department‘s decision in People v. Seeber is a seminal opinion on the purpose, meaning, and scope of New York State Criminal Procedure Law (CPL) section 440.10(1)(b).

• Justice Commentaries
  June 11, 2013 EDT
  A SURVEY OF FEDERAL AND STATE COURTS‘ APPROACHES TO A CONSTITUTIONAL RIGHT OF ACTUAL INNOCENCE: IS THERE A NEED FOR A STATE CONSTITUTIONAL RIGHT IN NEW YORK IN THE AFTERMATH OF CPL § 440.10(G-1)?
  John M. Leventhal

  This article considers whether there is still a need for a freestanding state constitutional claim of actual innocence in light of a recent amendment to the New York State Criminal...

• Justice Commentaries
  May 05, 2012 EDT
  THE EXPUNGEMENT MYTH
  Amy ShlosbergEvan ManderyValerie West

  This article stems from a study of the post

• Justice Commentaries
  May 05, 2012 EDT
  PUBLIC PERCEPTION OF WRONGFUL CONVICTION: SUPPORT FOR COMPENSATION AND APOLOGIES
  Kimberly A. ClowIsabella M. BlandisiRose RicciardelliRegina A. Schuller

  To investigate public perception of compensation, face-to-face interviews were conducted with fifteen community members. Findings suggest that all interviewees believed that individuals who have been wrongly convicted should receive compensation.

• State Constitutional Commentary
  November 11, 2011 EDT
  RIGHTS AND REMEDIES IN STATE HABEAS PROCEEDINGS
  Jason Mazzone

  This short essay examines the effects of Danforth v. State on the practices of state courts to date and its likely impact in the future.

• General
  August 08, 2009 EDT
  LAYING DOWN THE LAW: POST-RACIALISM AND THE DE-RACINATION PROJECT
  Peter Halewood

  This essay argues that Whiteness continues to flourish largely unexamined, operating as it does—for whites at least—largely out of sight.

• General
  August 08, 2009 EDT
  CULTURAL INVERSION AND THE ONE-DROP RULE: AN ESSAY ON BIOLOGY, RACIAL CLASSIFICATION, AND THE RHETORIC OF RACIAL TRANSCENDENCE
  Deborah W. Post

  This essay considers what cultrual changes might have occurred that led led to the election of President Obama.

• General
  January 01, 2009 EDT
  IMPROVING PUBLIC ACCESS TO THE ADIRONDACK FOREST PRESERVE
  Claudia Braymer

  While this Article considers the role of the state in preventing public access to state-owned land, it primarily focuses on the role of private parties.