Vol. 18.2

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Public Interest Practitioners Section (PIPS)

When the Invisible Hand Wields a Scalpel: Maternity Care in the Market Economy, by Farah Diaz-Tello, Senior Staff Attorney at National Advocates for Pregnant Women

Working on the Outskirts of Hope: One Independent Legal Services Organization’s Struggle to Survive and Serve Rhode Island’s Low Income Communities, by Geoffrey Schoos, Founder and President of the Rhode Island Center for Law and Public Policy

Articles

Toxic Sweatshops: Regulating the Import of Hazardous Electronics, by Allie Robbins, Assistant Dean for Academic Affairs, City University of New York School of Law

Report

Revisiting S.C.P.A. 17-A: Guardianship for People with Intellectual and Developmental Disabilities, A Report of the Mental Health Law Committee and the Disability Law Committee of the New York City Bar Association

Notes

 “I Don’t Really Sleep”: Street-Based Sex Work, Public Housing Rights, and Harm Reduction, by Chelsea Breakstone, City University of New York School of Law, J.D. Class of 2015

Toward a Synthesis: Law as Organizing, by Aaron Samsel,  City University of New York School of Law, J.D. Class of 2015

Vol. 18.1 – The Economic Justice Issue

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Introduction

Introduction – To Economic Justice Themed Issue.

 Public Interest Practitioners Section (PIPS)

MFY Legal Services, Inc.’s Medical  Legal Partnership with Bellevue Hospital Center: Providing Legal Care to Children with Psychiatric Disabilities, by Aleah Gathings, Staff Attorney at MFY Legal Services, Inc. and on-site attorney at Bellevue Hospital’s Child and Adolescent Clinic

 Articles

Elevating Substance over Procedure: The Retroactivity of Miller v. Alabama under Teague v. Lane, by Brandon Buskey, Staff attorney, American Civil Liberties Union, Criminal Law Reform Project & Daniel Korobkin, Deputy Legal Director, American Civil Liberties Union of Michigan.

A Founding Failure of Enforcement:  Freedmen, Day Laborers, and the Perils of an Ineffectual State, by Raja Raghunath, Assistant Professor, University of Denver Sturm College of Law.

Notes

One Condo, One Vote: The New York BID Act as a Threat to Equal Protection and Democratic Control, by Brett Dolin, J.D. Candidate ’15, City University of New York (CUNY) School of Law.

No Access, No Choice: Foster Care Youth, Abortion, and State Removal of Children, by Kara Sheli Wallis, J.D. Candidate ‘15, City University of New York (CUNY) School of Law.

Event

The Long Crisis: Economic Inequality in New York City, A Conversation between Fahd Ahmed, Inequality in New York City Tom Angotti, Jennifer Jones Austin, Shawn Blumberg, & Robin Steinberg, Moderated by Professor Stephen Loffredo.

Vol. 17.2

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Public Interest Practitioners Section (PIPS)

Notes & Comments 

Tax a Bank, Save a Home: Judicial, Legislative, and Other Creative Efforts to Prevent Foreclosures in New York by Erica Braudy, Staff Attorney at the New York Legal Assistance Group, Housing Project/Mobile Legal Help Center, J.D. CUNY School of Law (2013).

Executive Article

The Chicago Police Torture Scandal: A Legal and Political History by G. Flint Taylor, founding partner, People’s Law Office (PLO).

Essay

Discriminatory Maintenance of Reo Properties as a Violation of the Federal Fair Housing Act by Stephen M. Dane, of the civil-rights law firm Relman, Dane & Colfax, PLLC; Tara Ramchandani, associate at Relman, Dane & Colfax, PLLC; and Anne P. Bellows, 2013 Relman Civil Rights Fellow.

Event

A Tribute to Justice: Honoring Forty Years of Struggle to Advance Judicial Process for Crimes Against Humanity in Chile with Judge Baltasar Garzón Real, internationally renowned Spanish jurist who issued the first detention request, through Interpol, for former Chilean dictator Augusto Pinochet on charges of abductions, torture, murder, forced disappearances and terrorism; Sir Geoffrey Bindman, QC, a British attorney specializing in human rights law who represented Amnesty International and Chilean victims’ interests in the case against Chilean dictator Augusto Pinochet in the late 1990s; and Joan Garcés, a Spanish attorney who has made major contributions to international human rights law in the fight against impunity for heads of government who commit crimes against humanity. Moderated by Almudena Bernabeu, International Attorney for the Center for Justice and Accountability (CJA).

 

 

Vol. 17.1

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Public Interest Practitioners Section (PIPS)

Natural Disasters, Access to Justice, and Legal Services by Jordan Ballard, Julia Howard-Gibbon, Brenda Munoz Furnish, Staff Attorneys in NYLAG’s Storm Response Unit., and Aaron Scheinwald, Staff Attorney in New York Legal Assistance Group (NYLAG)’s Mobile Legal Help Center.

Fighting for Educational Stability in the Face of Family Turmoil by Michael R. Mastrangelo, SSES Project Coordinating Attorney, The Children’s Law Center. J.D., Brooklyn Law School.

 Executive Articles

“He Got in My Face So I Shot Him”: How Defendant’s Language Impairments Impair Attorney-Client Relationships by Michele LaVigne, Clinical Professor of Law, University of Wisconsin Law School, and Gregory Van Rybroek, Director/CEO, Mendota Mental Health Institute, Madison, Wisconsin.

Single-Room Occupancy Housing in New York City: The Origins and Dimensions of a Crisis by Brian J. Sullivan, Senior Staff Attorney, MFY Legal Services, Inc., SRO Law Project. J.D., Georgetown University Law Center, and Jonathan Burke, Staff Attorney, Community Legal Aid. J.D., New York University School of Law.

Fostering the Human Rights of Youth in Foster Care: Defining Reasonable Efforts to Improve Consequences of Aging Out by Ramesh Kasarabada

Considering the Individualized Educational Program: A Call for Applying Contract Theory to an Essential Legal Document by Bonnie Spiro Schinagle, J.D., LL.M., Benjamin N. Cardozo School of Law.

Notes & Comments 

Male Asylum Applicants Who Fear Becoming the Victims of Honor Killings: The Case for Gender Equality by Caitlin Steinke, J.D. 2013, Hofstra University School of Law.

If I Marry a Man in New York, Could I Marry a Woman in Kentucky?: The Problem of the Fundamental Right to (Straight) Marriage by Philip R. Hsiao, Graduate Fellow, J.D. Candidate 2014, CUNY School of Law.

 

 

Vol. 16.2

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Public Interest Practitioners Section (PIPS)

The Continued Marginalization of People Living with HIV/AIDS in U.S. Immigration Law by Cristina Velez, Supervising Attorney of Immigration at the HIV Law Project, a non-profit based in New York City.

Challenging the Practice of Solitary  Confinement in Immigration Detention in Georgia and Beyond by Azadeh Shahshahani, director of the National Security/Immigrants’ Rights project at the American Civil Liberties Union Foundation of Georgia & Ayah Natasha El-Sergany, an attorney based in Seattle, Wash., and 2010 graduate of the University of North Carolina School of Law.

Executive Article

J. McIntyre and the Global Stream of Commerce by Frank Deale, Professor of Law, CUNY School of Law.

Notes & Comments 

Not Guilty By Reason of Gender Transgression: The Ethics of Gender Identity Disorder as Criminal Defense and the Case of PFC. Chelsea Manning by Madeline Porta, J.D. 2013, City University of New York School of Law.

Because Parents Owe it to Them: Accompanied LGBTQ Youth Enforcing the Parental Duty of Support by Maria Roumiantseva, J.D. 2013, City University of New York School of Law and Staff Attorney, The Legal Aid Society, Juvenile Rights Practice.

Event

Work, Work, and More Work: Whose Economic Rights? A conversation between Professors Stanley Aronowitz, Distinguished Professor of Sociology in the Ph.D. Program in Sociology at the CUNY Graduate Center and Director of the Center for the Study of Culture, Technology, and Work & Shirley Lung, Professor of Law, CUNY School of Law and former Executive Director of the Center for Immigrants’ Rights. Moderated by Professor Ruthann Robson, Professor of Law and University Distinguished Professor, CUNY School of Law.

 

 

Call for Submissions

The City University of New York Law Review is seeking submissions for its Summer 2014 issue, which will continue the journal’s tradition of advancing legal scholarship highlighting the touchstones of our publication’s work—including civil rights, progressive legal reform, the impact of the law on minorities and marginalized communities, international human rights, and attorneys’ insights on how recent developments in the law have affected their public-interest practices in New York and beyond.

We are interested in one-page abstracts or finished manuscripts you may have for consideration by our editorial board. Submissions should be remitted to cunylr@law.cuny.edu. Abstracts will be considered through December. Finished manuscripts for approved abstracts have a deadline of December 31, 2013. Offers to publish and final decisions on all submissions will be made on a rolling basis and will be finalized by mid-January 2014.

In addition, the journal is seeking shorter, more time-sensitive contributions—such as comments on recent federal or state case law, critiques of legislative proposals, and legally relevant analyses of current events—for inclusion in our evolving digital platform at the City University of New York Law Review website at www.cunylawreview.org. Submissions for digital consideration should be sent directly to our Digital Articles Editor at ldavis@mail.law.cuny.edu.

Our upcoming Winter 2014 issue includes scholarly works on a range of public interest legal issues, with an emphasis on practical application. Some examples include articles about the hurdles of providing on-the-ground legal assistance after natural disasters such as Hurricane Sandy; the impact of family instability on access to education for children with disabilities; gender inequality in granting asylum requests; how language impairments impact attorney-client relationships; applying a human rights framework in determining services for youth aging out of foster care; policy arguments in favor of stronger single-room occupancy regulations aimed at solving the housing crisis in New York City; and applying contract law to strengthen Individual Education Plans.

We look forward to reading and discussing your manuscript for possible publication, and kindly invite you to forward this letter to other social-justice scholars and practitioners who may be interested in publishing with us.

With our warm regards,

Tatenda, Caitlin, Kate & Cristian
On behalf of the City University of New York Law Review Editorial Board

Vol. 16.1: A Celebration OF CUNY School of Law Scholarship

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Introduction by Andrea McArdle, Professor of Law, faculty advisor to the Law Review, and director of the writing curriculum at the City University of New York School of Law

Remarks

Fixing New York’s Broken Bail System by Justine Olderman, Managing Attorney of the Criminal Defense Practice at Bronx Defenders

Articles

Structured Discrete Task Representation to Bridge the Justice Gap: CUNY Law School’s Launchpad for Justice in Partnership with Courts and Communities by Natalie Gomez-Velez, Professor of Law at City University of New York School of Law

“Hallowed By History, But Not By Reason”: Judge Rakoff’s Critique of the Securities and Exchange Commission’s Consent Judgment Practice by Michael C. Macchiarola, Distinguished Lecturer at City University of New York and Adjunct Professor at City University of New York School of Law

Notes

Wage Theft in New York: The Wage Theft Prevention Act as a Counter to an Endemic Problem by Lauren K. Dasse, Staff Attorney at the Florence Immigrant and Refugee Rights Project, City University of New York School of Law Class of 2012, and Editor-in-Chief of CUNY Law Review 2011–2012

Evaluation as the Proper Function of the Parole Board: An Analysis of New York State’s Proposed Safe Parole Act by Amy Robinson-Oost, City University of New York School of Law Class of 2013, and Managing Editor of CUNY Law Review 2012–2013

Public Interest Practitioner Section (PIPS)

Common Law’s Lawyering Model: Transforming Individual Crises Into Opportunities for Community Organizing by Karen Gargamelli and Jay Kim, City University of New York School of Law Class of 2007 and Common Law co-founders and staff attorneys

Volume 14.2

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Articles

Enforcing the Right to be Free from Sexual Violence and the Role of Lawyers in Post-Earthquake Haiti by Blaine Bookey, Staff Attorney at the Center for Gender & Refugee Studies.

The Criminalization of Peacemaking,  Corporate Free Speech, and the Violence of Interpretation: New Challenges to Cause Lawyering byAvi Brisman, adjunct assistant professor in the Department of Sociology at John Jay College of Criminal Justice, City University of New York (CUNY) and Ph.D. candidate in the Department of Anthropology at Emory University (Atlanta, GA).

Remarks

Grassroots Women’s Organizations’ Fight  for Freedom from Sexual Violence and Recognition under Domestic and International Law by April Marcus, City University of New York School of Law, Class of 2011 and the International Women’s Human  Rights Clinic.

Volume 2.1 (Spring 1998)

Full Issue

Articles

The Penile Code: The Gendered Nature of the Language of Law
Matthew A. Ritter, Professor of Law, California Western School of Law
Written language has contributed to patriarchy by allowing men to monopolize writing – including law, as law is almost universally in written language – and thereby place themselves in the position of authority intended for the law itself, by defining rights and liberty in terms of male values, and by manipulating language so that the roles of men as subjects (in the grammatical sense of the word) and women as objects are reinforced as constantly as people speak, write and read. Working toward equality will require women to not only write, but to write as women, so that the monopoly is broken and the power of authorship is shared. Men must write as men rather than as abstract authors, so as to be under the law and equal with women, rather than equal to the law and above women.

Beach Erosion and Hurricane Protection in the Second Circuit: The Statute of Limitations as a Government Nemesis
Barbara Affedlt, J.D., City University of New York School of Law, 1997
A critique of statute of limitations rulings by the Second Circuit in regard to claims against the federal government for beach erosion damages in Long Island. The author contends that permissive interpretation of accrual and tolling standards will lead to excessive and expensive litigation, and discourage the government from undertaking projects that will protect the environment and shore property. The author proposes an accrual standard more akin to that of medical malpractice.

(REACT): Remote Electronically Activated Technology Stun Belt
Kevin C. Pyle, an illustrator and comix artist whose work has appeared in The New Yorker, the New York Times, and The Village Voice
An artistic piece about “electronic restraint belts,” devices that are placed on some prisoners for travel to court or other locations outside of correctional facilities. A remote control, carried by a correctional officer or marshal, is used to administer an electrical impulse to torso muscles that renders the wearer immobile, similar to a TASER, if the prisoner attempts an attack or escape. The piece juxtaposes the banal advisory document given to prisoners who are to be placed in the belts with a depiction of the pain and domination the belts inflict.

The Current Scope of the Public Safety Exception to Miranda Under New York v. Quarles 
Alan Raphael, Professor of Law, Loyola University Chicago School of Law
A review of case law interpreting New York v. Quarles, 467 U.S. 649 (1984). This ruling permits admission of defendant responses to police questioning without a Miranda warning if the question is in regard to an imminent threat to public safety. The defendant, accused of raping a woman at gunpoint, was captured in a supermarket after a brief chase and found to be wearing an empty gun holster. Officers asked where the gun was and the defendant directed them to it. The author submits that many subsequent rulings have exceeded the narrow scope intended by the Supreme Court for such questioning by admitting statements obtained in situations with doubtful threats to public safety.

Note

What Justice Requires: A Case of Ineffective Assistance of Counsel
Mary Ross, J.D. Candidate, City University of New York School of Law, 1998
A piece on the responsibilities of defense attorneys and features of successful ineffective assistance of counsel appeal. The topic is presented through the lens of a successful effort to overturn a murder conviction on ineffective assistance of counsel grounds.

 

Volume 1.2 – 1996

Full Issue

Articles

Outlaw Judiciary: On Lies, Secrets, and Silence: The Florida Supreme Court Deals with Death Row Claims of Actual Innocence
Michael Mello
In his note, Mello discusses the similarities between a law review article and a good United States Supreme Court brief. Aiming to cater to the busy litigator or judicial clerk who might make use of his scholarship, Mello attempts to write “plagiarizable” work by publishing unmediated pleadings and correspondence.

A Critique of the Second Circuit’s Analysis of New York and New Jersey Joint Venture Law in Arditi v. Dubitzky and Sagamore Corp. v. Diamond West Energy Corp.
Robert Steinbuch
Steinbuch identifies various analytical tools used to detect valid joint ventures and assesses the differing views courts have taken on what constitutes a joint venture, ultimately recommending that the Second Circuit revisit its approach and avoid re-writing state law.

Commentary

The Independence of the Judiciary?
Edward I. Koch
Ex-Mayor of New York City, Edward Koch, writes on the importance of maintaining an independent judiciary, which he says requires assuring the judiciary that its appointments will be made without regard to political affiliations and obligations, and stresses the importance of assurances that reappointments will come to those found deserving by the two committees assigned the responsibility of making such decisions.

Note

The Contract with America: The Crystallization of the GOP’s Racial Agenda
Edward J. Rymsza
Using empirical evidence, Rymsza explains how the Contract, either on its face or in its effect, furthers a racial agenda; also advances the notion that in an ideal society, the percentage of minorities on welfare and under the auspices of the criminal justice system should reflect a cross-section of the population as a whole.

Comment

Canvassing ‘Points Outs’ and Police Suggestion: A Comment on People v. Dixon
Geoffrey T. Raicht
While People v. Dixon will have little effect on police practices, proceedings that have grown out of United States v. Wade, and become known as the “Wade hearings,” will likely be conducted more often that they have ever been. This shift will result in decreased misidentifications and increased reliability of Wade hearings.

Book Review

A Review of Haig’s Commercial Litigation In New York State Courts
Walter M. Schackman
In an effort to restore New York as the center of commercial law in the United States, Schackman emphasizes the importance of this treatise for use in commercial law, stressing its unparalleled utility to the Commercial Division and to all New York courts faced with issues in commercial law.