77 research outputs found

    REVISITING ANNA MOSCOWITZ\u27S KROSS\u27S CRITIQUE OF NEW YORK CITY\u27S WOMEN\u27S COURT: THE CONTINUED PROBLEM OF SOLVING THE PROBLEM OF PROSTITUTION WITH SPECIALIZED CRIMINAL COURTS

    Get PDF
    This article explores New York City\u27s non-traditional, judicially based response to prostitution. This article first recounts the history of New York City’s Women’s Court. It then examines the work of the Midtown Community Court, the “problem-solving court” established in 1993 to address criminal issues, like prostitution, in Midtown Manhattan. It also discusses the renewed concerns about sex work in New York and describe the movement, propelled by modern reformers, to address prostitution through specialty courts. It then contrasts the shared features and attributes of the Women’s Court and Midtown Court models. Finally, the article urges modern reformers to step back from the problem-solving court movement and their call for the creation of more such specialized criminal courts

    An RSVP to Professor Wexler\u27s Warm Therapeutic Jurisprudence Invitation to the Criminal Defense Bar: Unable to Join You, Already (Somewhat Similarly) Engaged

    Get PDF
    This Article responds to Professor David 13. Wexler\u27s recent suggestion that adopting Therapeutic Jurisprudence ( TJ ) principles to create a new type of rehabilitative defense lawyer could improve the criminal defense bar. Contrary to the empirical foundation of the therapeutic justice movement, many of his proposed changes seem unsubstantiated. Others, such as calls for creative plea bargaining, are already part of the practice of quality defense attorneys. The rehabilitative, TJ defense lawyer may be overly paternalistic, imposing his interpretation of the facts and his standards of appropriate behavior on the accused; such a lawyer also may not comport with express ethical standards. Instead, the tradition of zealous and quality advocacy, whether in a law school clinic or in a public defender\u27s office, best serves the interests of defendants

    The Modern Problem-Solving Court Movement: Domination of Discourse and Untold Stories of Criminal Justice Reform

    Get PDF
    This Article examines modern criminal justice reforms. It focuses on the claims of the contemporary problem-solving court movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades

    Other Missouri Model: Systemic Juvenile Injustice in the Show-Me State, The

    Get PDF
    Part II of this Article examines some of the most well-known claims about the Missouri Model of juvenile justice, clarifying that the positive press to date actually describes only one small component of the larger juvenile justice structure: Missouri’s system of residential correction for state-placed adjudicated youth. And while that system has much to admire and replicate, it also has room for improvement In Part III, this Article fills in what has been left out of most public and press stories about Missouri’s larger youth justice system. That is, despite mostly glowing media accounts, Missouri’s at-risk youth are poorly served by several overlapping broken entities. It focuses first on Missouri’s failing education system, which is made worse by punitive policing and push-out practices. It then examines Missouri’s conflicted and outdated juvenile court system, a structure that appears to be unconstitutional in its entirety. It describes Missouri’s nearly non-existent indigent juvenile defense system, a system that has resulted in young people all too frequently defending themselves in Missouri’s courts. Finally, it explains how children are too easily sent to Missouri’s adult prisons – many banished to die there without anyone ever hearing their stories. Part IV calls upon stakeholders to move beyond the rhetoric and own up to the ways in which the state is failing its most needy children. By meaningfully implementing Miller’s evolving standards mandate for every child – no matter when, where, or to whom they were born – we can begin to deliver true juvenile justice. And in the days that follow Missouri might actually become a model system, one that is committed to a single vision of common decency – and hope – for all of its children

    Teaching Public Citizen Lawyering From Aspiration to Inspiration

    Get PDF

    Missouri *@!!?*@! – Too Slow

    Get PDF
    Current circumstances may not be identical to the Civil Rights Movement. But in the Show Me State today, far too much of it continues to ring true. Politicians, academics, and others assert we have reformed ourselves as a region post-Ferguson. But the sad reality is that little has changed locally. St. Louis, Missouri, its institutions, and its government officials continue to cling to practices established long before the 1960’s due process revolution in this country—and that reflects lack of respect for civil and human rights

    Fallen Woman (Re)framed: Judge Jean Hortense Norris, New York City - 1912-1955

    Get PDF
    This Article seeks to surface and understand more than what is already known about Jean Hortense Norris as a lawyer, jurist, and feminist legal realist—as well as a woman for whom sex very much became part of her professional persona and work. This article analyzes the lack of legal protections provided to Norris and troubling nature of her removal from the bench given the evidence presented and standards applied. Finally, this Article seeks to provide further context for Jean Norris’s alleged misconduct charges to suggest that as a woman who dared to blur gender boundaries, embrace her professional power, and offer a unique vision of the “fairer sex,” she was held to a different standard than her male peers and made to pay the price with her career. In these ways, this Article provides a more complete picture of Jean Norris beyond a shamed and disrobed judge. And it begins to move Judge Norris out of legal history’s margins so that she may be remembered as more than mere mugshot in the American imagination

    Black Women and Girls and the Twenty-sixth Amendment: Constitutional Connections, Activist Intersections, and the First Wave Youth Suffrage Movement

    Get PDF
    On this 100th anniversary of the Nineteenth Amendment—and on the cusp of the fiftieth anniversary of the Twenty-sixth Amendment—this article seeks to expand the voting rights canon. It complicates our understanding of voting rights history in the United States, adding layers to the history of federal constitutional enfranchisement and encouraging a more intersectional telling of our suffrage story in the days ahead. Thus, this work not only seeks to acknowledge the Twenty-sixth Amendment as important constitutional content, as was the goal of the article I wrote with my law student colleagues for a conference held at the University of Akron School of Law last year; it also expands upon the historical sections in that work to draw connections among different civil rights movements and move beyond the limited dualistic narratives that have been offered to date regarding suffrage in this country. Although there is much more to learn and tell, this Article advances the important ongoing project of lifting up and celebrating the multilayered identities and contributions of Black women and girls who impacted United States youth enfranchisement—including Diane Nash, Carolyn Quilloin, and Philomena Queen
    • …
    corecore