Category Archives: Article

Volume 26.1

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We are excited to publish Volume 26.1. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Front Matter

Articles

Extradition in Post-Roe America

Alejandra L. Caraballo, Cynthia Conti-Cook, Yveka Pierre, Michelle McGrath, Hillary Aarons

High Risk Hustling: Payment Processors Sexual Proxies and Discrimination by Design

Zahra Stardust, Danielle Blunt, Gabriella Garcia, Lorelei Lee, Kate D’Adamo, Rachel Kuo

Notes

Made for Export: How U.S. and Philippine Policies Commodify and Traffick Filipino Nurses

Emlyn Dy-Cok Medalla

Comments

This Article is Considered Terrorism in the Philippines: The Role of People’s Lawyers in Class Struggle

Amanda Katapang

Public Interest Practitioner Section

Reducing Multigenerational Poverty in New York Through Sentencing Reform

Jared Trujillo

Footnote Forum

NYSPRA v. Bruen and New York: A Lost Opportunity for Racial Equity in the Polarizing Gun Conversation

Zamir Ben-Dan

Volume 25.2

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We are excited to publish Volume 25.2. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Front Matter

Articles

Racist Animal Agriculture

Courtney G. Lee

The Color of Local Government: Observations of a Brown Buffalo on Racial Impact Statements in the Movement for Water Justice

Tom I. Romero II

Notes

Death by a Thousand Duck Bites in a No-Man’s Land: Navigating Section 230’s Scope and Impact in a Changing Internet and World

Val Rigodon

Comments

Domestic Violence and Leave Laws: How New York Can Improve Its Leave Policies Based on the Laws of Washington, D.C. and New Jersey

Nusrat J. Khan

Public Interest Practitioner Section

Regulatory Theater: How Investor-Owned Utilities and Captured Oversight Agencies Perpetuate Environmental Racism

Ruhan Nagra, Jeanne Bergman, & Jasmine Graham

Footnote Forum

Cruel and Usual: Contaminated Water in New York State Prisons

Shannon Haupt & Phil Miller

Footnote Forum Podcast

Cruel and Usual

Michael Maskin, Shannon Haupt, Jennifer Grossman, Panagioti Tsolkas, Phil Miller, & Ramon Henriquez

Call for Student Submissions – Volume 26.1

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Interested in getting published in CUNY Law Review? We are currently accepting submissions for student-written articles to be published in our Winter 2023 issue (26.1). CUNY Law Review seeks to uplift student authors and welcomes submissions from all law students for the Notes and Comments section. Students are encouraged to see Notes and Comments as a platform to publish their work, along with the Footnote Forum and the CUNY Law Review Blog! 

Submissions should be emailed to salimah.khoja@live.law.cuny.edu and sulafa.grijalva@live.law.cuny.edu no later than June 1st. For general questions, please email cunylr@mail.law.cuny.edu.

Scan the QR code for more details!

Volume 25.1 – CUNY Law Review 25th Anniversary Issue

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We are excited to announce the publication of the 25th Anniversary Volume of CUNY Law Review, Volume 25.1! The full journal is available at CUNY Academic Works. Please see below for individual articles:

Front Matter

Articles
Restorative Justice in Cases of Sexual Harm
Alexa Sardina and Alissa R. Ackerman

Supreme Confusion About Causality at the Supreme Court
Issa Kohler-Hausmann and Robin Dembroff

Who’s Afraid of Bob Jones? “Fundamental National Public Policy” and Critical Race Theory in a Delicate Democracy
Lynn D. Lu

Notes
Challenging Weapons Deals Between the United States and Israel: Limitations and Prospects
Ryan J. McNamara

Comments
Casting Out from the Inside: Abolishing Felony Disenfranchisement in New York
Elizabeth Neuland

Public Interest Practitioner Section
Elderly, Detained, and Justice-Involved: The Most Incarcerated Generation
Rachael Bedard, Joshua Vaughn, and Angela Silletti Murolo

Footnote Forum
The Impeachment Trials of Donald John Trump: How Senate Jurors Strengthened the Case Against Federal Felon-Juror Exclusion
James M. Binnall

Footnote Forum Podcast
Challenging Reform: A Formerly Incarcerated Student Roundtable Discussion
Colby Williams, Phil Miller, and Jordan Sudol
Listen to the audio recording here

Volume 25.1, Footnote Forum, Part 2

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We are pleased to publish Volume 25.1, Footnote Forum, Part 2!

In this installment, we present articles written by two currently incarcerated authors who speak to us from their personal experiences. In The Correctional Institute of Nothing, Frank Pruitt writes about his desire for more holistic treatment opportunities in prison, the lack of which he has witnessed for 30 years. Next, in Why Reforms Are not Enough: Justice and Accountability Reimagined, Felix Sitthivong details how abolitionist ideals are vital to many incarcerated people and how reforms fall short of those ideals.

Footnote Forum will publish Part 3 in February 2022. For Part 1, please click here. The full journal is available at CUNY Academic Works. Please see below for individual articles:

The Correctional Institute of Nothing by Frank Pruitt

Q&A with Frank Pruitt by Frank Pruitt

Why Reforms are Not Enough: Justice and Accountability Reimagined by Felix Sitthivong

Q&A with Felix Sitthivong by Felix Sitthivong

Volume 25.1, Footnote Forum, Part 1

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We are excited to publish Volume 25.1, Footnote Forum, Part 1. This installment features David Campbell, a former political prisoner, who discusses what “defunding the police” and “reinvesting in communities” could mean if reinvestment took the form of paying incarcerated workers suitable wages. Professor Steve Zeidman, Director of the Defenders Clinic at CUNY School of Law, writes on the notion of whether prosecutors can actually be progressive.

Footnote Forum exists to challenge our assumptions about legal scholarship. For Volume 25.1, we invite readers to consider the value of lived experiences. What can the lives of those directly impacted by the criminal legal system teach us, especially when they have no access to databases normally used for legal research? Does this perspective provide a fuller understanding of the law, and is that valuable for scholarship?

– Natasha Bynum and Colby Williams, Footnote Forum Editors

Footnote Forum is publishing Parts 2 and 3 in December 2021 and February 2022. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Footnote Forum, Part 1

Editors’ Note by Natasha Bynum and Colby Williams

Virtuous Prosecutors? by Steven Zeidman

Decarceration Means Funding the Incarcerated by David Campbell

Q&A with David Campbell by David Campbell

Volume 24.2

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We are excited to publish Volume 24.2. The full journal is available at CUNY Academic Works. Please see below for individual articles:

Articles
Voting Rights Lawyering in Crisis by Emily Rong Zhang

Notes and Comments
Trans Adults Deserve a Right to Sue for Gender-Affirming Care Denied at Youth by Eliza Chung

Public Interest Practitioners Section (PIPS)
Paradox and Possibility: Movement Lawyering During the COVID-19 Housing Crisis by Marika Dias

Footnote Forum
Reviving the Civic Body: Campaign for Suffrage Inside Prisons, Felony Enfranchisement in D.C., and Lawyering for Abolition by Uruj Sheikh

Footnote Forum Podcast
Freedom Should Be Free: An Interview with The Bail Project by Rachel Goldman, Megan Diebboll, and Asia Johnson
Listen to the audio recording here

Volume 23.2

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We are excited to publish Volume 23.2, see below for specific articles:

Articles
Why Matter of Devera Matters: Universal Pre-K, Quality, Oversight, and the Need to Restore Public Values in New York Statutory Interpretation by Natalie Gomez-Velez

Notes and Comments Section
The Fight for NYCHA: RAD and the Erosion of Public Housing in New York by Kyle Giller
Ethical Mediation in an Unjust World: Claiming Bias and Negotiating Fairness by Jessica Halperin
The Impact of the #MeToo Movement on Defamation Claims Against Survivors by Shaina Weisbrot

Public Interest Practitioner’s Section
Permanently Residing Under Color of Law: A Practitioner’s Guide to an Ambiguous Doctrine by Steven Sacco and Sarika Saxena

Footnote Forum
Traumatized to Death: The Cumulative Effects of Serial Parole Denials by Richard Rivera

Footnote Forum Podcast
Interview with Dilley Delegation Staff
CUNY School of Law Dilley Delegation FOIA Request by CUNY Dilley Delegation

Vol. 18.2

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Explore the complete digital version of Volume 18.2.

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

THESE PARKS ARE OUR PARKS: AN EXAMINATION OF THE PRIVATIZATION OF PUBLIC PARKS IN NEW YORK CITY AND THE PUBLIC TRUST DOCTRINE’S PROTECTIONS

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Thomas Honan[1]

Click here for a recommended citation and to download a paginated PDF version of this article.

Introduction

The Great GoogaMooga, advertised as “an amusement park of Food, Drink, & Music” was a music, artisan food, and drink festival in Prospect Park.[2] GoogaMooga lasted two days during the summer of 2012 and three days during the summer 2013,[3] and demonstrates the negative impact of private use on public space.[4] The Prospect Park Alliance, a non-profit organization founded to raise private funds to supplement the financing of Prospect Park,[5] and Superfly, a privately owned music festival company, organized GoogaMooga.[6] The festival was strategically placed in Nethermead Meadow, a lovely tree-lined meadow located in the center of the park.[7] Nethermead Meadow is traditionally used by the public for dog walking, tossing a football, and gathering with friends for a picnic, the leisure activities one would expect to take place in a park meadow. Over the three-day event, Nethermead Meadows played host to approximately 120,000 people, and accommodated approximately 75 restaurant stands, 65 drink stations, and two stages where 20 bands performed.[8] As one Prospect Park local aptly put it, “It’s like bringing a boombox into a library – it doesn’t belong there.”[9]

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