2017–2018 – N.Y.U. Proceedings

by Andrew Breland*

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Andrew Breland (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

Innocent Until My Attorney Says So: The Sixth Amendment and Admissions of Guilt in Capital Cases

By Ryan Knox

On May 11, 2018

In Contributions

by Rona Li*

In a capital case, can a defense attorney, against his client’s express objections, concede his client’s guilt to the jury? In this Contribution, Rona Li (’19) discusses the trial strategy of a defense attorney conceding guilt to avoid a death sentence and the conflict with his client’s Sixth Amendment right to conduct his own defense. Ultimately, this Contribution argues that when a defense attorney admits his client’s guilt to the jury over his client’s unequivocal objection, he violates the defendant’s Sixth Amendment right to make fundamental decisions about his case, and further, that his actions constitute ineffective assistance of counsel.

Cars in Castles: The Fourth Amendment’s Automobile Exception and the Curtilage of the Home

By Ryan Knox

On May 9, 2018

In Contributions

by Kristin Mulvey*

When an automobile is parked in a driveway in the curtilage of the home, does the automobile exception to the Fourth Amendment still apply? In this Contribution, Kristin Mulvey (’19) argues that the automobile exception to the Fourth Amendment should not apply when the vehicle is in the curtilage of the home. Further, this Contribution demonstrates that the underlying justifications for the automobile exception do not support a warrantless search of an automobile parked in a driveway.

Arrests and the Americans with Disabilities Act: Towards a Unitary Reasonableness Standard

By Ryan Knox

On April 30, 2018

In Contributions

by Conor Gaffney*

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Conor Gaffney (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

Permitting Around the Constitution: Gun License Process After Heller

By Michael Klurfeld

On April 23, 2018

In Contributions

by Deepa Devanathan*

To what extent can state actors limit an individual’s Second Amendment right after District of Columbia v. Heller? In this Contribution, Deepa Devanathan (’19) argues that to properly balance Second Amendment rights with a State’s need to protect people from gun violence, gun permit schemes that cover both open carry and concealed carry must include a procedural right to appeal permit denials and “good cause” requirements to get permits.

Disclosure Duties as Public Policy?: Setting Aside Arbitration Decisions Under New York State Law

By Ryan Knox

On April 16, 2018

In Contributions

by John Muller*

In 2008, federal trial and appellate courts found against the NFL Players Association on the appeal of an arbitrator’s decision on the grounds that the league and policy administrators had breached their fiduciary duties to players. The trial court held that the steroid policy’s strict liability regime precluded any breach of fiduciary duties, and the Eighth Circuit found on appeal that plaintiffs had failed to offer authority under New York law for a public policy encouraging the performance of fiduciary duties. Did the NFL case get it right? In this Contribution, John Muller (’19) argues that to preserve New York’s public policy, courts should set aside the result of arbitration under a collective bargaining agreement on state common law grounds in these breach of fiduciary duty cases.

Always a Monopoly, Never a Monopolist: Why Antitrust is the Wrong Regulatory Scheme for Protecting Competition in Technical Standards

By Ryan Knox

On April 9, 2018

In Contributions

by Randi Brown*

When patent holders gain standard-essential status, should antitrust law treat the monopoly conferred on them like every other monopoly? In this Contribution, Randi Brown (’19) argues that the best approach to such monopolies is not to expose them to antitrust scrutiny, but instead to allow contract and patent remedies to maintain the benefits to competition and innovation afforded by standardization.

Is This What We Bargained For?: Allowing the Preemption of State Law through Collective Bargaining Agreements

By Michael Klurfeld

On March 29, 2018

In Contributions

by Micaela Heery*

Can a term in a collective bargaining agreement displace state law under any circumstance? How should a court balance the need for consistent, nationwide labor standards with constitutional concerns for preserving States’ police powers? In this Contribution, Micaela Heery (’19) offers an analytical framework for resolving these preemption issues under the Labor Management Relations Act. This Contribution argues that the right legal analysis must consider both whether a claim arises independently of the collective bargaining agreement and whether preemption would be appropriate given Congress’ power over interstate commerce and notions of state sovereignty.

Everywhere at Once: The Tinker Framework and Off-Campus, Online Speech

By Andrew Debbins

On February 23, 2018

In Contributions

by Avery Medjuck*

May a school restrict a student’s online speech without violating the First Amendment? In this Contribution, Avery Medjuck (’18) explains how the omnipresence of digital communication challenges the Tinker framework for determining when a school administrator can lawfully restrict speech. This Contribution argues that only a test that considers the intent of the student speaker can adequately balance students’ free speech rights against administrators’ need to protect the school environment.

License Denied: Some State Occupational Licensing Laws Might be Unconstitutional Under the Equal Protection Clause

By Ryan Knox

On February 18, 2018

In Notes

by Maya Danaher*

Are state occupational licensing laws that prohibit certain people convicted of crimes from receiving Emergency Medical Technician (EMT) licenses unconstitutional under the Equal Protection Clause of the Fourteenth Amendment? In this Contribution, Maya Danaher (’18) discusses the constitutional issues arising from state licensing laws that withhold EMT licensure from people convicted of crimes. Ultimately, this Contribution argues that the Equal Protection Clause prohibits such state laws.

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Exploring New Approaches to Unsettled Legal Questions

Tag: 2017–2018 Page 1 of 3

Reaffirming the ADA’s Promise: Disability Accommodation During Arrests

Innocent Until My Attorney Says So: The Sixth Amendment and Admissions of Guilt in Capital Cases

Cars in Castles: The Fourth Amendment’s Automobile Exception and the Curtilage of the Home

Arrests and the Americans with Disabilities Act: Towards a Unitary Reasonableness Standard

Permitting Around the Constitution: Gun License Process After Heller

Disclosure Duties as Public Policy?: Setting Aside Arbitration Decisions Under New York State Law

Always a Monopoly, Never a Monopolist: Why Antitrust is the Wrong Regulatory Scheme for Protecting Competition in Technical Standards

Is This What We Bargained For?: Allowing the Preemption of State Law through Collective Bargaining Agreements

Everywhere at Once: The Tinker Framework and Off-Campus, Online Speech

License Denied: Some State Occupational Licensing Laws Might be Unconstitutional Under the Equal Protection Clause