The public conversation regarding the efforts to weaken and undermine the Affordable Care Act has missed a critical point: the potential repeal of Essential Health Benefits. This article draws attention to Essential Health Benefits with a specific focus on how
Within affirmative action cases alone, the Court has never before had to contend with defining a concept such as critical mass. More broadly within racial justice and education, however, vagueness is not a new challenge.
The existing criminal procedure laws of New York do not afford the misdemeanor accused any meaningful preliminary opportunity to fight the substantiation of the accusations against them.
Nicolas Duque-Franco¥ Duque-Franco: What is—and how did—Just Leadership USA’s (“JLUSA”) mission come about? Marton: JLUSA’s mission is to cut the correctional population of the United States in half by 2030. The year was chosen in part because it is an
Andrew Gerst∞ Note: This interview has been edited and condensed for publication. AG: Prof. Guggenheim, thank you so much for speaking with us today. The Family Defense Symposium took place in April 2016. It’s been twenty-five years since the Family
Michael Pernick∞ On November 7, New Yorkers will have the opportunity to vote on whether to hold a state Constitutional Convention. If New Yorkers vote for a Convention this November and a majority of the delegates elected to the Convention
Juliana Morgan-Trostle∞ We do not believe that petitioner’s participation in [nonviolent civil disobedience] can be characterized as involving moral turpitude. If we were to deny to every person who has engaged in a “sit-in” or other form of non-violent
Taylor Pendergrass∞ Ian Kysel’s seminal investigative report, “Growing Up Locked Down: Youth In Solitary Confinement Jails and Prisons Across the United States,” exposed the harrowing and sometimes deadly experiences of young people subjected to solitary confinement in America. In “Banishing
Iván Espinoza-Madrigal∞ From a lecture delivered October 25, 2016 ¡Buenas noches! Good evening! I want to thank the Latinx Rights Scholars Program for inviting me to speak tonight. I also want to thank the Latino Law Students Association, OUTLaw, the
Philip Desgranges∞ Confined to a cell alone for twenty-three hours a day for days, weeks, and even months on end, juveniles in solitary confinement face unbearable conditions. They can be deprived of social interaction, cut off from social activities, and
Akiesha Anderson∞ “Today, education is perhaps the most important function of state and local governments. . . . [I]t is doubtful that any child may reasonably be expected to succeed in life if . . . denied the opportunity of an education.” Abstract It
Max R. Selver∞ I. Introduction New York Family Courts routinely admit “validation testimony” in cases involving allegations of child sexual abuse. Validation testimony consists of a mental health professional’s opinion that a child’s behavior is consistent with the occurrence of
Peter Leasure & Tia Stevens Andersen∞ Abstract Upon completion of their sentences and when attempting to ‘reenter’ society, offenders face large barriers, often referred to as the ‘collateral consequences’ of conviction. One of the largest barriers, given the stigma of
Roxane Picard∞ This is the second in a series of interviews with legal practitioners who are pursuing social change through their work. This conversation is between Mika Aoyama, a Senior Paralegal Case Handler in the Disability Advocacy Project at the
Sarah Russell∞ I. Introduction II. State Parole Boards and Juvenile Cases III. Parole Release Decisions and the Crime of Conviction I. Introduction In a series of recent decisions, the U.S. Supreme Court has placed Eighth Amendment limits on the sentences
Heather L. Scavone∞ I. Introduction II. Prescriptions That Impart Mutual Benefit on Asylees and Refugees III. Leveling the Playing Field Between Refugees and Asylees A. The Refugee-Asylee Social Services Benefits Gap B. The Refugee-Asylee Federal Immigration Benefits Gap C. Proposed
Matthew I. Fraidin∞ This is a transcript of a speech given by Professor Fraidin at the N.Y.U. Family Defense Clinic’s 25th Anniversary Celebration Symposium, held on April 7, 2016. This is the life of a family defense lawyer: A 17-year-old
Brandon Davis∞ In February 2015, the staff members of MFY Legal Services—including support staff, paralegals and attorneys—went on strike for more than three weeks. The union was represented at the bargaining table by the three members of the Bargaining Team,
On October 26, 2016, Linda Sarsour delivered the 23rd annual Rose Sheinberg Lecture to an audience of more than 100 N.Y.U. Law students and community members about being a Muslim woman in America today.
Jacob H. Sussman∞ The death penalty in North Carolina, as in many places across the country, appears to be at a crossroads. Within the last decade, fewer death sentences are being imposed and executions have been rare. Yet with the
Brandon Buskey∞ Beneath its technical veneer, the Supreme Court’s recent decision in Montgomery v. Louisiana holds the promise of a sentencing revolution. The Court gave retroactive effect to its decision in Miller v. Alabama, which barred sentences of mandatory life
Stephen M. Nickelsburg, Adam C. Goldstein, Emily Maw, and Keith Nordyke∞ By ruling in January that “Miller announced a substantive rule that is retroactive,” the Supreme Court ensured that individuals previously sentenced to mandatory life without parole for crimes
Megan G. Crane, Shobha L. Mahadev & Scott F. Main∞ The opportunity for release will be afforded to those who demonstrate the truth of Miller’s central intuition—that children who commit even heinous crimes are capable of change. Children—even children who
Photo Courtesy of Juliana Morgan‑Trostle Introduction On June 27, 2016, the Supreme Court decided Whole Woman’s Health v. Hellerstedt, a case referred to as “the most significant abortion case to come before the court since 1992.” The case centered