Touro Law

PODCAST: Professor Hal Abramson- Embracing Opportunities in a Legal Profession

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On this week’s episode of the Touro Law Review Podcast, we are joined by Professor Michelle Zakarin who interviews Professor Hal Abramson. The theme of this podcast episode is the importance of embracing professional opportunities. Professor Abramson highlights several fascinating opportunities early in his career as the podcast tracks his legal career to today.  Specifically, Professor Abramson discusses the opportunity early in his career to file three Amicus Briefs before the United States Supreme Court and the opportunities during the 1970s energy crisis that led him to testifying in Congress and meetings with senior public officials at the Carter White House. He also discusses some of his initiatives in Russia when Russia was trying to build a democracy and considers his recent work at the UN on helping to draft a treaty. And, of course, he recalls what triggered his interest in professionally engaging in and publishing in the fields of negotiations and mediation. 

Keep a look out for Professor Abramson’s most recent article that he co-authored with Brig. Gen Letendre, US Air Force Academy, “Negotiating Social Change: The Back Story on Don’t Ask, Don’t Tell.” 

Brought to you by the Touro Law Review. 

Our guest today is Professor Harold (Hal) Abramson.

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PODCAST: Part Two – A Discussion of No-Knock Search Warrants With The Hon. Mark D. Cohen

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In the second part of this podcast, the Hon. Mark D. Cohen discusses Ferreira v. City of Binghamton, a recent New York Court of Appeals decision involving civil liability for negligence in connection with the execution of a no-knock search warrant.  As Judge Cohen explains, although Ferreira is a civil case, it nevertheless may be the most important criminal case decided by the Court of Appeals this year.  The case arose out of an incident in which an unarmed occupant of a home was shot in the stomach during the execution of a no-knock search warrant. The individual filed a negligence suit against the officer, the police department, and the city. In a 5-2 decision, the Court of Appeals held that municipalities have a special duty to protect innocent bystanders when executing such a warrant.

Brought to you by the Touro Law Review. 

Our guest today is Hon. Mark D. Cohen.

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PODCAST: Part One -“Hitting the Trifecta” With the Hon. Mark D. Cohen

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The Hon. Mark D. Cohen has been a prosecutor, a judge, and now, in private practice, a defense attorney.  In short, he has hit the trifecta as a trial attorney.  In the first part of this podcast, Judge Cohen joins Associate Dean Rodger Citron to talk about his very interesting and rewarding career in the law.  Among the highlights:  As a young man, Judge Cohen trained as a cellist before deciding to go to law school.  After an extended stint in the Suffolk County District Attorney’s Office, he served as the Deputy Director and Chief Counsel of the New York State Department of Homeland Security – perhaps the most challenging position he ever has held.  Throughout the discussion, Judge Cohen makes the case for going to law school and for a career in public service.

Stay tuned for Part 2!

Brought to you by the Touro Law Review. 

Our guest today is Hon. Mark D. Cohen.

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PODCAST: Justice Frank Murphy: The Man Unafraid to Tell the Truth With Greg Zipes

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When we think of President Franklin D. Roosevelt’s appointments to the Supreme Court, the legends – Justices Hugo Black, Felix Frankfurter, William O. Douglas, and Robert H. Jackson – come to mind.  Yet FDR appointed other justices, including Frank Murphy, who is remembered today for dissenting in the infamous Korematsu case but not much else. 

Greg Zipes, an attorney and an adjunct professor at New York University’s School of Professional Studies, believes that Murphy demands more of our attention today.  He is the author of an engaging biography of Justice Murphy. In this podcast, Zipes discusses his book, Justice and Faith: The Frank Murphy Story, with Associate Dean Rodger Citron. Greg Zipes is speaking on his own behalf and not on behalf of his employer, the Department of Justice.

As their discussion shows, Murphy is as fascinating as any of the legendary justices with whom he served.  He held many interesting positions before joining the Court, was a loyal New Dealer, and, as Zipes states, was “unafraid to speak truth to power.”  Zipes elaborates on these points and addresses others relating to law, history, and biography in this podcast.  

Our guest today is author, Greg Zipes.

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PODCAST: Why Law Students Should Not Be Scared of Secured Transactions

TLR BLOG

Professor Theodore Silver discusses the core themes of Secured Transactions and the importance of the course to law students. This podcast provides perspective on the challeges of Secured Transactions course.

Brought to you by the Touro Law Review. 

Our guest today is Professor Theodore Silver.

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PODCAST: Law Teaching Strategies for a New Era

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Professor Tessa L. Dysart and Professor Tracy Norton discuss the first comprehensive book on online law teaching titled Law Teaching Strategies for a New Era: Beyond the Physical Classroom. This podcast offers insight into how to take law school beyond the traditional, in-person experience.

Brought to you by the Touro Law Review. 

Our guests today are Professor Tessa L. Dysart and Professor Tracy Norton.

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The Cost of Transparency

TLR BLOG

By Jake Falk

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.

Read or download the full text of the article below.

TheCostofTransparency-2Download

[1] Jerry Holt, George Floyd is Killed By A Police Officer, Igniting Historic Protests, History (last updated June 25, 2021), https://www.history.com/this-day-in-history/george-floyd-killed-by-police-officer.

[2] Id.

[3] Id.

[4] Id.

[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).

[6] Kim Barker & Serge F. Kovaleski, Officer Who Pressed His Knee on George Floyd’s Neck Drew Scrutiny Long Before, N.Y. Times (last updated Mar. 29, 2021), https://www.nytimes.com/2020/07/18/us/derek-chauvin-george-floyd.html.

[7] Id.

[8] Patrice Taddonio, George Floyd’s Murder and Police Accountability, One Year Later: Our Coverage, at a Glance, FrontLine (May 25, 2021), https://www.pbs.org/wgbh/frontline/article/george-floyd-murder-one-year-later-police-accountability.

[9] Nicquel Terry Ellis, Activists see progress after George Floyd’s death but say more must be done, USA Today (last updated Aug. 24, 2020), https://www.usatoday.com/story/news/2020/08/23/black-lives-matter-reforms-stalled-3-months-after-george-floyds-death/3337330001.

[10] NY S.B. 8674 (2020).

[11] Id.

[12] Id.

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