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Opinions & Editorials

Aug
8
2014
Op-Ed: Bratton’s Hiding Broken-Windows Data (NY Daily News)

by Donna Lieberman The death of Eric Garner at the hands of the NYPD gave New Yorkers a rare peek into the grim reality of broken windows policing. To echo the Aug. 4 Daily News cover, the NYPD’s broken windows policing strategy is beyond broken. We can tell that much from the numbers that are available — which reveal profound racial skewing in enforcement of minor crimes. But how much deeper does the problem go? The truth is, we don’t really know, and that’s a crime of its own.

Aug
8
2014
Column: Is the Supreme Court Living in the 18th or 21st Century? (New York Law Journal)

by Christopher Dunn The role that colonial practices should play in constitutional jurisprudence has long been debated, with Supreme Court Justice Antonin Scalia serving as the most prominent supporter of the view that the guarantees of the Bill of Rights must be grounded in the original intentions of the “Founding Fathers.” Yet, with nearly 250 years separating contemporary American society from the Declaration of Independence, the tenuousness of this position becomes increasingly evident.

Jul
2
2014
Op-Ed: NY Should Defend the Defenseless (Albany Times Union)

By Corey Stoughton With the state facing a trial this fall over its shameful neglect of poor criminal defendants, New York's counties, fed up with bearing an impossible burden, are increasing the pressure on Gov. Andrew Cuomo to fix the broken public defense system.

Jun
5
2014
Op-Ed: The Real “Orange Is the New Black” Prison is an Inhumane Dump (Salon.com)

by Donna Lieberman “Orange Is the New Black” does a remarkable job bringing to life the human struggles real people experience behind bars. But some things are too nasty and inhumane for television.

May
16
2014
Op-Ed: 60 Years After Brown: New York is the New Mississippi (Albany Times Union)

By Donna Lieberman Sixty years ago this Saturday, the U.S. Supreme Court issued its landmark ruling in Brown v. Board of Education declaring racial segregation in public schools unconstitutional. Yet equal education for all children in New York remains a dream deferred.

Apr
3
2014
Column: Parody, Jerry Falwell and Dead Sea Scrolls Debate (New York Law Journal)

by Christopher Dunn Parody has been a staple of political discourse from time immemorial. At its best, it can add an invaluable dimension to debate on matters of public concern, albeit at the psychic expense of the parody's target. In modern times, that expense occasionally translates into lawsuits, and the sharper the parody the spicier the legal controversy.

Feb
21
2014
Op-Ed: Sen. Kennedy Understands the Need to Protect Women's Health (The Buffalo News)

by Corinne Carey When I first started working at the New York Civil Liberties Union, I wanted to explain to my devoutly Catholic mother why I was working to ensure that New York women have access to the full realm of reproductive health care, including access to abortion. I gave her Jennifer Baumgardner’s “Abortion & Life,” which tells the stories of women who have had abortions and all the varied and complex and heartbreaking reasons they do so. After reading the book, my mom told me something I will never forget: “I never thought about the women.”

Feb
6
2014
Column: Technology and the Constitution: Supreme Court to Decide if Police Can Freely Search Cell Phones (New York Law Journal)

by Christopher Dunn In light of Edward Snowden’s dramatic revelations about the federal government’s sweeping collection of information about the telephone calls we make, the emails we send, and the social media we use, the very notion of communications privacy is bordering on quaint naivete. Yet, things can always get worse, and the United States Supreme Court recently took two cases that threaten to do just that.

Dec
5
2013
Column: The Bill of Rights and the Religion of Business (New York Law Journal)

by Christopher Dunn When Mitt Romney famously declared while campaigning in Iowa in August 2011 that “corporations are people,” he was widely mocked – at least by those on the left. Yet, as a matter of constitutional principle he was largely right. And last week the Supreme Court announced it will decide whether to extend that principle to for-profit corporations seeking to invoke religious beliefs as a shield against a mandate in the Patient Protection and Affordable Care Act that requires them to provide contraceptive coverage to their employees.

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