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

Explore the digital version of our most recent print edition, Volume 16.1, which celebrates legal scholarship at CUNY School of Law.

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


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


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


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

Reflections on the history and future of the voting rights act in the wake of Shelby County

We are proud to launch Footnote Forum, CUNY Law Review’s new online companion featuring web-exclusive pieces by professors, students, practitioners, and others who aim to share timely legal commentary. Download the inaugural installation, CUNY Law Professor Frank Deale’s Reflections On the History and Future of the Voting Rights Act In the Wake of Shelby County, or keep reading below.

Frank Deale*


At the conclusion of America’s deadliest military conflict, the United States Congress sought to reconstruct a nation torn apart by civil war by enact­ing a program of radical social change designed to eliminate the legal disabilities shouldered by the newly freed African-American male population. Included in the numerous proposals was a series of Amendments to the U.S. Constitution: the 13th Amendment would abolish the institution of slavery; the 14th Amendment would provide equal protection and due process under law to those with former slave status; and the 15th Amendment would enable them to protect these rights via a right to vote, unencumbered by “race” or “color” discrimination. The Congress was empowered to enforce this provi­sion with appropriate legislation.

Less than 50 years after the enactment of these historic provisions, a substan­tial number of African-Americans went to polling stations in the state of Alabama, the home of Shelby County, seeking to register as voters for an upcoming election. In flagrant violation of the language in the Constitution, they were turned away because of their race. Undaunted, over 5,000 of them joined a civil case to enforce the Constitution, which was heard by the Su­preme Court of the United States. The Court correctly understood the gist of the plaintiffs’ complaint, which was that “the great mass of the white popula­tion intends to keep the blacks from voting.”[1] Yet, notwithstanding the stark nature of the facts, the Court denied relief, concluding that:

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Vol. 15.2: Looking Forward

Explore the digital version of Volume 15.2, our symposium issued entitled “Looking Forward: Rhonda Copelon’s Legacy in Action and the Future of International Women’s Human Rights Law.”


Looking Forward: An Introduction to the Symposium Issue by Lauren K. Dasse, City University of New York School of Law Class of 2012 and Editor-in-Chief of CUNY Law Review, 2011–2012


Looking Forward: Rhonda Copelon’s Legacy in Action by Cathy Albisa, Executive Director and co-founder of the National Economic & Social Rights Initiative (NESRI)

Legacy in Action: Honoring the Life Work of Rhonda Copelon by Lisa Davis, Clinical Professor of Law in the International Women’s Human Rights (IWHR) Clinic and advisor to the Law Review at the City University of New York School of Law

Rhonda Copelon: A Celebration of a Life Fully Lived by Charlotte Bunch, Founding Director and Senior Scholar of the Center for Women’s Global Leadership at Rutgers University and Distinguished Professor in Women’s and Gender Studies

Remembering Rhonda by Peter Weiss, Vice President of the Center for Constitutional Rights

Selected Remarks

“Crucial as Bread”: Remembering Rhonda Copelon’s Pioneering Work by Yifat Susskind, Executive Director of MADRE

Roadmap to a Bolder Future: Rhonda Copelon’s Legacy by Vincent Warren, Executive Director of the Center for Constitutional Rights

Creating Legacy Today: The First LGBT Ruling by the Inter-American Court of Human Rights by Jessica Stern, Executive Director of the International Gay and Lesbian
Human Rights Commission (IGLHRC)

Living the Legacy of Rhonda Copelon by Andrea J. Ritchie, police misconduct attorney, organizer, and current coordinator of Streetwise & Safe

Reproductive Rights at Home and Abroad by Nancy Northup, President of the Center for Reproductive Rights

Change Is Possible: The Law as a Barrier and a Tool by Marianne Møllmann, Senior Policy Advisor at Amnesty International

Rape in a Post-Disaster Context: Evolving Jurisprudence of the Inter-American Commission by Blaine Bookey, Associate Director and Staff Attorney at the Center for Gender & Refugees Studies at the University of California, Hastings College of the Law

Rape as a Form of Torture: The Experience of the Committee Against Torture by Felice D. Gaer, M.A., M.Ph., Vice Chair of the U.N. Committee Against Torture and Director of the American Jewish Committee’s Jacob Blaustein Institute for the Advancement of Human Rights

Surfacing Rhonda by Pam Spees, Senior Staff Attorney at the Center for Constitutional Rights

The Challenge of Domestic Implementation of International Human Rights Law in the Cotton Field Case by Caroline Bettinger-Lopez, Associate Professor of Clinical Legal Education and Director of the Human Rights Clinic at the University of Miami School of Law


The Case of Karen Atala and Daughters: Toward a Better Understanding of Discrimination, Equality, and the Rights of Women by Rosa M. Celorio, Human Rights Specialist and Attorney, Special Rapporteurship on the Rights of Women, Inter-American Commission on Human Rights; Professional Lecturer in
Law, George Washington University Law School

Hyde-Care for All: The Expansion of Abortion-Funding Restrictions Under Health Care Reform by Cynthia Soohoo, Director of the International Women’s Human Rights (IWHR) Clinic, CUNY School of Law


Recalibrating After Kiobel: Evaluating the Utility of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) in Litigating International Corporate Abuse by Julian Simcock, J.D. Candidate, Stanford Law School; M.P.P. Candidate, Harvard Kennedy
School, 2013

Public Interest Practitioner Section (PIPS)

The Public Defender as Anti-Trafficking Advocate, an Unlikely Role: How Current New York City Arrest and Prosecution Policies Systematically Criminalize Victims of Sex Trafficking by Kate Mogulescu, Staff Attorney in the Criminal Defense Practice of the Legal Aid Society of New York

CUNY Law Review Welcomes New Staff Members

Congratulations! We look forward to a great year.


Call For Submissions

CUNYLR Call for Submissions (May 2013)

Click to view our letter.

The City University of New York Law Review is a specialty journal devoted to publishing social-justice scholarship, engaging the public-interest bar, and fostering student excellence in writing, legal analysis, and research. The journal is published by students at the CUNY School of Law, the only law school in the New York metropolitan area whose chief mission is to train public-interest lawyers and champion diversity in the legal profession.

The journal is seeking submissions from scholars, practitioners, and students for its Winter 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.

One-page proposals and finished manuscripts for consideration by our editorial board should be submitted to cunylr@law.cuny.edu. All offers to publish and final decisions are expected to be finalized by Aug. 5, 2013.

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 the Digital Articles Editor, at ldavis@mail.law.cuny.edu.

Recent editions of the journal have included symposia volumes on U.S. Supreme Court Justice Ruth Bader Ginsburg and pioneering human-rights attorney Rhonda Copelon, a special edition on elder law featuring winning articles from the American Bar Association Law and Aging Student Competition, and a commemorative issue highlighting scholarship by CUNY Law faculty and students on the occasion of the school’s 30th anniversary.

Web-Exclusive: “Reargument in Kiobel: The End of the Alien Tort Statute As We Know It?”


Article, Vol. 15.2

The CUNY Law Review is pleased to release our first-ever web-exclusive article as a companion to Issue 15.2’s release. The article, titled “Reargument in Kiobel: The End of the Alien Tort Statute As We Know It?,” was co-written by CUNY Law student Alex van Schaick in collaboration with NYU Law student Gabriel Hopkins. Stay tuned for more web-exclusive content from the CUNY Law Review.




Event: From Main Street to Court Square: Thirty Years of CUNY Law and Alternative Models of Legal Education

The City University of New York Law Review would like to invite you to a discussion on the merits of alternative forms of legal education, From Main Street to Court Square: Thirty Years of CUNY Law and Alternative Models of Legal Education. The event, with dinner and reception to follow, is taking place Wednesday, February 6, 6:00 PM, in the Auditorium. The discussion will feature:

  • Hon. Kristin Booth Glen, N.Y. Surrogate’s Court; Former Dean of CUNY Law
  • Prof. Pamela Edwards, Director of the Center for Diversity in the Legal Profession, CUNY School of Law;
  • Adam Shoop, Law Graduate, The Bronx Defenders, CUNY Law ’12
  • Prof. Frank Deale, CUNY School of Law (Moderator)

Come hear panelists discuss and debate the merits of alternative forms of legal education; the implications of race, class, and access in legal education and practice; the role of CUNY Law in the legal landscape, past and present; and the role of practitioners and law students in shaping the future of legal advocacy.


Event: Fire Your Boss: Worker Cooperatives, Community Development, and Social Change

The City University of New York Law Review and CUNY Law Labor Coalition would like to invite you to a discussion on worker co-ops, Fire Your Boss: Workers Cooperatives, Community Development, and Social Change! The event, with dinner and book reception to follow, is taking place Monday, November 12, 5:30 PM, in the Auditorium. The discussion will feature:

  • Omar Freilla, founder of Green Worker Cooperatives, an organization dedicated to incubating green and worker-owned businesses in the South Bronx
  • Michael Peck, North American delegate of the Mondragon Cooperatives Corporation, the largest worker cooperative in the world
  • Brian Glick, Clinical Associate Professor of Law, Fordham Community Economic Development Clinic
  • Jessica Gordon Nembhard, Associate Professor of Community Justice and Social Economic Development, Department of African American Studies at CUNY – John Jay College
  • Moderated by CUNY Law’s Own Carmen Huertas-Noble, founding director of the Community & Economic Development Clinic

Come hear from our guests about why they believe worker ownership is a way out of the current economic and environmental morass, and their experiences helping to develop cooperative enterprises!

The event will be followed by a release reception celebrating CUNY Law Review’s latest publication, Issue 15.1. Dinner will be served. Attendance is free!

Article: Pepsico and Public Health: Is the Nation’s Largest Food Company a Model of Corporate Responsibility or Master of Public Relations?

Article, Vol. 15.1

by Michele Simon

Editor’s Note: This article is included in Volume 15.1 of the CUNY Law Review. Michele Simon is a public health attorney and author of Appetite for Profit: How the Food Industry Undermines Our Health and How to Fight Back. She is also the President of Eat Drink Politics, a consulting business on countering corporate harm to improve public health. Read the full article here.

Over the past decade, many questions have been raised about the role of the food industry in contributing to a marketing environment in which unhealthy beverages and snacks have become the norm. While industry responses have come in various forms, PepsiCo stands out, at least in terms of public relations. The company prides itself on being a leader in corporate social responsibility. The goal of this article is to take a closer look at what the company says it’s doing, what it’s actually doing, and the broader context for these actions.


Event: Incarcerated Until Proven Guilty

“Frozen Assets” (1931) by Diego Rivera

On February 23, 2012 from 5:30 to 8:00 p.m. at the CUNY School of Law, the CUNY Law
is hosting a panel on the money bail system. In the United States, the money bail system is heavily relied upon to ensure a criminal defendant’s future appearance in court. Recent national and local attention to the inherent problems of the money bail system has exposed the system’s disparate impact on New York City’s most vulnerable communities. This panel will bring together members of the bar working at the forefront of this issue. Panelists will discuss topics such as the populations most negatively impacted, the different forms of bail available, judicial training on bail setting, and the alternatives to the money bail system.

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