This paper was originally written in January 2022 as part of an independent research assignment.
On May 25, 2020, during the course of an arrest, George Floyd was murdered by Minneapolis police officer, Derek Chauvin.[1] While Mr. Floyd was handcuffed on the ground, Officer Chauvin placed Mr. Floyd in a restraint by kneeling on the back of his neck.[2] A bystander recorded a video which showed Officer Chauvin’s knee on the back of Mr. Floyds neck for almost ten minutes.[3] After several minutes, Mr. Floyd stopped moving, became unresponsive, and was taken to a local hospital where he was pronounced dead.[4] It was later determined that Mr. Floyd’s death was caused by Officer Chauvin’s restraint, which caused him to suffocate.[5] Throughout Officer Chauvin’s nineteen-years with the Minneapolis Police Department, there were twenty-two complaints filed against him.[6] The nature of those complaints ranged from offenses, such as showing up late to work, to using excessive force.[7]
George Floyd’s death sparked nationwide and even global protests. People across the United States were calling for change in police practice and for more accountability on the part of police officers.[8] Protesters and civil rights groups demanded more transparency into the nations police agencies and legislators at all levels were quickly pressured by the public to consider police reform, as well as implement or change current laws, particularly in New York. [9] On May 28, 2020, three days following Mr. Floyd’s death, New York lawmakers gathered to vote on a bill that would ultimately repeal Civil Rights Law § 50-a,[10] a law that made police personnel records confidential. Once the committee approved the bill, it was sent to both the Senate and the Assembly where the proposed bill was passed on June 9, 2020.[11] Then, on June 12, 2020, only eighteen days following the death of Mr. Floyd, Governor Andrew Cuomo signed the bill, thereby repealing Civil Rights Law § 50-a.[12]
Although the repeal of Civil Rights Law § 50-a was supported by many, it was rushed and failed to consider all the consequences it would have on the criminal justice system and the legal system as a whole. Section II of this paper will explain what Civil Rights Law § 50-a was prior to its’ repeal and will explore the legislature’s intent when it was first enacted. Section III will then expand on why the law was ultimately repealed and Section IV will analyze the effect of its’ repeal, using a case law analysis. This will be followed by a discussion of what is included in police disciplinary records and what amongst those records can be used for impeachment purposes. Section VII will address the overarching question of whether all findings in disciplinary records provide defense attorneys with a good faith basis for impeachment. Finally, Section VIII will draw the conclusion that the rush to repeal Civil Rights Law § 50-a, resulted in legislature failing to consider how the repeal would affect the prosecution’s discovery obligations under the newly enacted discovery laws put into effect on January 1, 2020, six months before §50-a was repealed.
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[5] Witness Contact Form at 3, State of Minnesota v. Derek Michael Chauvin, 2020 Minn. Dist. LEXIS 443 (Aug. 28, 2020) (No. 27-CR-12646, 27-CR-20-12949, 27-CR-20-12953, 27-CR-20-12951).
In this podcast recorded in December 2021, Professor Marianne Artusio discusses the legality of vaccine mandates in the United States. As she explains, historically courts generally applied a deferential rational basis test when evaluating legal challenges to such mandates. Professor Artusio also discusses recent vaccine mandates adopted in response to the pandemic as well as how courts have responded to lawsuits challenging those mandates.
Listen to our latest podcast where Mr. Block discusses his co-authored publication Selling Sex: (More) Evidence for Decriminalization. Mr. Block discusses analyzing sex work from the point of view of the same labor economics that would be applied to any other industry, rather than as a romanticized or demonized group of sexual deviants, finding destigmatization of the sex work industry as central to the increased agency and well-being of sex workers and their clients. The full text of Faelynn Carroll and Mr. Block’s article can be found here.
Jonathan Harr’s, A Civil Action, published in 1995, is one of the best nonfiction legal thrillers ever written. It tells the riveting story of a complicated civil suit over environmental pollution that occurred in Woburn, Massachusetts. Not surprisingly, Harr’s book was adapted into a film of the same name that was released in 1998. John Travolta played the plaintiffs’ lawyer, Jan Schlichtmann, a character worthy of Shakespeare. Robert Duvall nearly steals the film as Jerry Facher, the lawyer for one of the corporate defendants.
Nearly 25 years later, the film is still a gold mine for Civil Procedure professors. In his review, Roger Ebert described A Civil Action as “John Grisham for grownups.” Schlichtmann is relentless in pursuing the case against the defendants, becoming so invested that nothing else seems to matter – an approach that has significant consequences for everyone around him as the case turns into an interminable trial. Facher, meanwhile, is a master litigator who wrings every advantage from the rules and courtroom procedures.
In this podcast, Associate Dean Rodger Citron moderates a discussion of A Civil Action with his colleagues Laura Dooley and Deseriee Kennedy.
Brought to you by the Touro Law Review.
Our guests today are Professor Laura Dooley and Professor Deseriee Kennedy.
Listen to our latest podcast where Mr. Curtis discusses his recent publication Of Arms and the Militia: Gun Regulation by Defining “Ordinary Military Equipment.” Mr. Curtis debates that the regulation of semi-automatic riles and other arms can be achieved by defining “ordinary military equiptment” provided to militia members under the Second Amendment. The full text of the article can be found here.
Ariel Berkowitz is a full-time, third-year law student at Touro College Jacob D. Fuchsberg Law Center. Ariel graduated from the University of Maryland in May, 2019, where she received her Bachelors of Arts degree in Government and Politics, with a minor in Law and Society. She is currently a Research Assistant for Professor Joan Foley and recently held an externship with Guercio & Guercio, LLP. In addition to serving as Editor-in-Chief of Law Review, Ariel was a finalist in the Trial Advocacy Practice Opening Statement Competition in the fall of 2020 and had the privilege of competing in the National AAJ Competition in the spring of 2021. She has recently secured an internship with the Ocean County Prosecutor’s Office for the summer of 2021 and looks forward to gaining experience being inside a courtroom.
As the Editor-in Chief of the Touro Law Review, Ariel looks forward to see the growth of the journal over the next year and is excited to work alongside the 2021-2022 Editorial Board and staff members!
Margaret Goodman – Managing Editor
Margaret Goodman is a third-year honors student at Touro Law Center and serves as Managing Editor for the Touro Law Review. Margaret attended Indiana University in Bloomington, IN, where she earned a B.S. in Public Affairs in May 2019. During college, Margaret interned at Cassisi & Cassisi, PC, in Mineola, NY. After completing her first year of legal education, she interned with Empire Justice Center working on issues regarding family law, disability law, and public benefits. Since joining the Law Center, Margaret served as a 2L Representative for the Student Bar Association and a junior staff member of the Moot Court Honors Board. This year, Margaret placed second in the John S. Bainbridge Moot Court competition where she argued a fourth amendment search and seizure issue.
This summer, she is excited to join Guercio & Guercio, LLP in Farmingdale, NY as a Summer Associate.
Daniel Parise – Issue Editor
Daniel Parise is a third-year Honors Program Scholar at Touro College Jacob D. Fuchsberg Law Center. Daniel graduated magna cum laude from SUNY Old Westbury with a B.A. in Sociology. During Summer 2020, he worked for the Appeals Bureau of the Legal Aid Society of Suffolk County. He was also the recipient of the Catalyst Public Service Fellowship (2020) and Public Interest Law Fellowship (2020). Daniel will be working as a Law Clerk at Guercio & Guercio during Summer 2021 handling a variety of issues involving, but not limited to, Education & Municipal Law, Labor & Employment, Affordable Care Act Compliance, and Special Education Law. Daniel also volunteered for the Breaking Barriers Pro-Bono Project upon entering law school in 2019 and continues to dedicate his time to helping underrepresented individuals secure legal guidance.
Samantha Karpman – Issue Editor
Samantha Karpman is in her third year at Touro Law Center and is excited to take on the challenging, yet highly rewarding and integral, experience of serving as one of the Issue Editors for Touro Law Review during the 2021-2022 year! She graduated from Pennsylvania State University with a Bachelor of Arts in Political Science and entered law school, as the first one to attend law school from a family of 27 medical doctors, to become a vital voice for those in need of help.
After taking some time before law school to experience several fields of law (including trusts and estates, family, various areas of criminal defense, and immigration), she found her true passions in criminal defense and immigration law. Eventually looking to possibly enter the field combining the two, commonly known as “crimmigration,” she hopes to eventually find a job where she can combine her multilingual ability (Spanish, Chinese, French, Italian, and Portuguese) and her passion & skill in advocacy, both oral and written, to speak on behalf of, and truly help, those who may not be able to speak for themselves.
Ever since her first semester, she was a translator and volunteer for the Touro Law Center Clinical Program, a role she continues to hold this year. During the summer of 2020, she worked with the Suffolk County Legal Aid Society in their Appeals Bureau. Additionally, during the academic year portion of her second year, she worked with Catholic Charities Community Services in their immigration division to help with general intakes. Finally, she is also excited to start her position for the summer of 2021 working with the Second Circuit Court of Appeals in their Staff Attorneys Office as a floating intern to assist the various judges with memorandums and research for immigration and pro bono appeals.
When she isn’t working with the Law Review, Samantha is very active around the school. Not only is she also a member of the Moot Court Board and TAPS, she also works as a TA for Professor Kennedy’s Civil Procedure classes, Professor Seplowitz’s Property classes, and Professor LaPinta’s Criminal Procedure class. She was also a TA for the Legal Education Access Program (LEAP) in her second year, and she is a Co-Director for the program this year.
Additionally, she serves on the executive boards of the Immigration Law Society, International Refugee Assistance Project, and the International Law Students Association. Along with her several leadership roles at the school, Samantha participates in other organizations at Touro such as Breaking Barriers, Students Helping Students, Women’s Bar Association, and the Criminal Law Society.
Aside from her extracurricular activity at the school, Samantha is an Honors Program Scholar who made the Dean’s List during each of the relevant academic semesters; earned the CALI award in Contracts I, Contracts II, Legal Process I, Legal Process II, Property I, Criminal Procedure, and Constitutional Law I. She also is a recipient of the Fannie and Samuel Glickstein Public Interest Fellowship, the Ilene H. Barshay Award for Excellence, and Grossman Family Scholarship.
Christopher Palmieri – Articles Editor
Christopher Palmieri is a full-time, third-year law student at Touro College Jacob D. Fuchsberg Law Center and is the Articles Editor for Touro Law Review. Christopher is a Dean’s Fellowship recipient, as well as a member of the Honor’s Program. Christopher has received CALI Awards for Academic Excellence in Tort I, as well as Legal Process II, he has also received a Faculty Recognition Award for Academic Excellence in Property I and has been on Dean’s List. As an undergraduate student, Christopher attended Pennsylvania State University, where he graduated with a B.A. in Criminology and a minor in History in 2019.
During his time at Touro Law, Christopher has interned in the judicial chambers of the Honorable Conrad D. Singer, in the Nassau County Supreme Court, Youth Part, and served as a legal intern for the law firm Palmieri Law P.C..
Dana Ortiz-Tulla – Online Editor
Dana Ortiz-Tulla is in her third year of the FlexTime program at Touro College Jacob D. Fuchsberg Law Center. As the first FlexTime student to become a member of Touro Law Review, Dana was appointed to Notes Editor after one semester, and is now the Online Editor. Dana is also the President of Touro’s Unemployment Action Center and the newly appointed Co-President of the Regional Unemployment Action Center.
Dana has earned CALI Awards for Academic Excellence in Torts I, Torts II, Contracts II, Legal Process II, and Criminal Law. Along with membership to the Touro Law Honors Program, Dana is a Gitenstein Scholar, and recipient of the Tom and Cynthia Rosicki Disability Fund Scholarship. Dana is also a member of the Trial Advocacy and Practice Honor Society. Dana’s law review Note, entitled Qualified Does Not Mean Over-Qualified: The ADA’s Accommodation of Last Resort Should Not Be a Competition!, was published August 2021. Dana interned with the New York State Division of Human Rights in the summer of 2021 and she will be interning with the employment law division of the Department of Social Services during the spring 2022 semester.
As the Online Editor of the Touro Law Review Blog, Dana looks forward to working alongside the 2021-2022 Editorial Board and staff members!
Kasey Bray – Business Editor
Kasey Bray is a third-year law student at Touro College Jacob D. Fuchsberg Law Center. In addition to being the current Business Editor of the Touro Law Review, Kasey is the Co-President of PILOT, Co-Director of Students Helping Students, and Vice President of the Touro Tax Law Society. Kasey is the recipient of four CALI Awards for Academic Excellence and two Faculty Recognition Awards for Academic Excellence. She graduated from Stony Brook University in 2019 with a BA in Economics.
In the summer of 2020, Kasey interned at Rivkin Radler LLP through the Board of Governors Summer Associate Program. In the spring of 2021, Kasey had the pleasure of working as an extern at Robert Legal Group, PLLC, where she worked on Article 81 guardianship petitions and elder law asset preservation. She will continue working at Robert Legal Group as an intern this upcoming summer.
Currently, she is working on a Note for the Law Review arguing that New York should adopt a modified mutual contemporaneous consent approach to decide disposition of frozen preembryos in a divorce.
Hayley Valla – Senior Notes Editor
Hayley A. Valla is a full-time, third-year student at Touro Law Center and is currently a Notes Editor for Touro Law Review. She graduated cum laude from Stony Brook University in May 2019 with a B.A. in Italian Studies.
In the summer of 2020, Hayley had an internship with the Honorable John J. Leo at the Suffolk County Supreme Court. In the spring of 2021, Hayley had an externship with the Law Offices of Sandra M. Radna where she worked on family law and matrimonial law matters.
Hayley has earned CALI Awards for Academic Excellence in Civil Dispute Resolution & Procedure II, Constitutional Law I, Contracts II, Legal Process I, Legal Process II, and Torts II. Hayley is a member of the Touro Law Honors Program and serves as a Writing Coach in the Touro Law Writing Center.
Katherine Carroll – Notes Editor
Katherine R. Carroll is a rising third year full time day student at Touro Law Center. In addition to being a Notes Editor for the Law Review, Katherine also serves as the President of the Women’s Bar Association and Co-President of PILOT: The Public Interest Law Organization of Touro. She is also a Students Helping Students assistant. Katherine is an Honors Program scholar and was awarded a Summer Public Interest Fellowship in 2020 and 2021.
Katherine has a Bachelor of Arts in Journalism and Political Science from the State University of New York at New Paltz. Before law school, Katherine worked as a radio and television journalist and news producer. She hopes to work in the public interest in the areas of racial inequality, mental health law, discrimination, and access to justice.
Alyaa Chace – Notes Editor
Alyaa Chace is a student in the Accelerated 2-Year J.D. Program at Touro Law Center. In addition to being a Notes Editor for the Touro Law Review, Alyaa is an Honors Program scholar and a member of the International Law Students Association. She has earned CALI awards for Civil Procedure and Dispute Resolution I and II, and Legal Process II-Best Oral Argument.
Alyaa received her Bachelor of Arts in Philosophy from Fordham University. Before law school, she worked as a Program Director for a non-profit that worked to develop educational programs for minority students in New York. Alyaa also co-directs her family’s non-profit whose mission is to offer aid indiscriminately to communities faced with hardship due to natural disasters and/or socio-economic adversities. She is deeply passionate about community service and continues to carry on these projects throughout her law school career.
Alyaa also has a strong background in science. She has worked for UMASS Medical conducting Rheumatoid Arthritis research and Columbia University conducting pediatric Glioblastoma research. She hopes to use her background in science and her love for community service to advocate for plaintiffs suffering from drug injury and other mass torts.
This summer Alyaa will be working as a Summer Associate at Seeger Weiss, LLP—a renowned Plaintiff’s firm that has led some of the country’s most high-profile litigations.
Alina Ladyzhinskaya – Notes Editor
Alina Ladyzhinskaya is a 3L full time day student. She is a graduate of CUNY City College, with a B.S. in Biology and B.A. in Philosophy. At Touro, Alina is the President of Touro Tax Law Society. She is currently employed at Tenenbaum PC in Melville as a law clerk, working on a wide array of IRS and NY tax controversies. She also volunteers with the VITA IRS program, preparing tax returns for local low income taxpayers.
Alina also recently accepted a year long commitment to work at State Farm, as a trial team intern.
Michele Abatangelo – Notes Editor
Michele Abatangelo is a full-time, third-year law student at Touro College Jacob D. Fuchsberg Law Center. Michele graduated from Binghamton University in May 2019, where she received her Bachelors of Arts in Philosophy, Politics, and Law and a Masters of Arts in Public Administration. During college, Michele interned at the Suffolk County District Attorney’s Office in Hampton Bays, NY, and the New York State Office of the Attorney General in Binghamton.
She is currently a member of the Trial Advocacy and Practice Honor Society and an Honors Program Scholar. During the Summer of 2021 and the Fall of 2021, Michele interned at the United States Attorney’s Office Eastern District of New York in Central Islip. During the Summer of 2021, she was also a recipient of the Dell Family Public Interest Law Fellowship. During her time at Touro, she has earned CALI awards for Advanced Persuasion, Civil Procedure and Dispute Resolution I, Contracts I & II, Criminal Law I, Criminal Procedure, Legal Process I & II, and Legal Process II-Best Oral Argument.
Michele has recently secured a Spring 2022 externship with Magistrate Judge James M. Wicks at the Federal Courthouse in Central Islip. She is looking forward to her new role as a Notes Editor of Touro Law Review.
Taylor Bialek – Notes Editor
Taylor Bialek is a full-time, second-year law student at Touro College Jacob D. Fuchsberg Law Center. Taylor graduated from Washington University in St. Louis in May of 2018, where she received her Bachelor of Arts degree in Anthropology: Global Health & the Environment, with a minor in Political Science. She is currently a Law Clerk at Wilson Elser Moskowitz Edelman & Dicker LLP, working with their Intellectual Property Practice Team.
In addition to serving to the Editorial Board as a Notes Editor for Law Review, Taylor is the Vice President of the Women’s Bar Association, as well as the Marketing Director for the Student Bar Association.
Samantha Sparacino– Senior Research Editor
Samantha Sparacino is a full-time, third-year law student at Touro College Jacob D. Fuchsberg Law Center. Samantha graduated from John Jay College of Criminal Justice with a B.S. in Criminal Justice Management and a minor in Psychology. During her undergraduate studies, she interned with the U.S. Probation Department in the Southern District of New York. That internship helped her to recognize her goal of working in a courtroom setting in the future. She then secured an internship with the Major Crime Bureau of the Suffolk County District Attorney’s Office. Prior to attending law school, she had the pleasure of working as a legal assistant at Petroske Riezenman & Meyers, P.C. Samantha learned that she also enjoys family and matrimonial law, and continues to prepare legal memorandums for the firm relating to recent appellate court decisions. In the Summer of 2020, Samantha secured an internship in the Criminal Division of the United States Attorney’s Office, Eastern District of New York.
During her time thus far at Touro Law Center, she has earned CALI Awards for Academic Excellence in Legal Process I, Legal Process II, Legal Process II- Best Oral Advocate, and Civil Dispute Resolution & Procedure II. She is a Merit Scholarship and Sanford D. Garelik Scholarship Recipient. Samantha is looking forward to her new role as a Research Editor of Touro Law Review.
Chiara Haueter– Research Editor
Chiara Haueter is a rising 3L in the full-time day program. She graduated from SUNY New Paltz with a degree in Political Science and International Relations. Since starting law school, she has worked on the Covid-19 Helpline, is the Treasurer for Touro ALDF, and will be working at Harris Beach this summer. She plans on practicing in the areas of Corporate Compliance and Tax. She is looking forward to being a Research Editor for Touro Law Review, and is thankful to be part of such an amazing team!
Conner Purcell– Research Editor
Conner Purcell, is a 3L in the Part Time Evening Program accelerating into the Full Time Day Section in Fall 2021. In addition to a research editor on law review, Conner serves on multiple other eBoards including PILOT, the Touro Tax Law Society and the International Law Students Association. During Summer 2021 (change verbiage pending when this is posted to indicate present or past) he worked as a student intern with Certilman Balin Adler and Hyman through Touro’s Board of Governors Summer Scholars Program. After graduation, Conner seeks to obtain employment in the areas of commercial real estate, land use and/or personal injury.
Nancy Gallagher– Research Editor
Nancy Gallagher is currently a 3L in the January Start Program at Touro Law Center. Nancy graduated from Stony Brook University where she received her Bachelor of Arts degree in History, with a concentration in Political Science/Political Psychology. She is currently a research assistant for Professor Hal Abramson, and has been an intern with the United States Attorney’s Office, EDNY, since January 2021. In addition to Law Review, Nancy is also a member of the Trial Advocacy and Practice Honor Society (“TAPS”), where she will serve as Director of Marketing starting in the Spring of 2022. She recently had the opportunity to be an alternate for the Fall 2021 National All Star Competition Team, and looks forward to competing this upcoming Spring in the 2022 AAJ National Trial Competition.
Nancy is looking forward to the opportunity to serve as Research Editor, to collaborate with the other members of the Law Review, and to continue building her legal research and writing skills.
Christian Robledo– Research Editor
Christian Robledo is a second-year law student in the full-time program. He graduated from the University of South Carolina with a degree in Retail Management.
Last summer, Christian worked at Cerberus Capital Management in New York City, and will be gaining additional legal experience after the Spring 2022 semester as a 2L Summer Associate at Dechert, LLP.
At Touro, Christian is an Honors Program Scholar, Zeigen Scholar, Merit Scholarship recipient, and 2021 NYC Bar Association Diversity Fellow. He is a member of LALSA and the Business Law Society. In addition, he has made the Dean’s List and received multiple CALI Awards for Academic Excellence. Christian is looking forward to his work as a Research Editor for the Touro Law Review this coming semester.
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