This is a plain-English “Know Your Legal Rights” guide for Lesbian, Gay, Bisexual, and Transgender (“LGBT”) youth. The need for such a guide arose out of the frequent incident of physical harassment that LGBT youth have experienced at school and in the workplace. Although recent legislation and judicial decisions have expanded the protection afforded to LGBT individuals, such protection may be futile if people are unaware of their legal rights. The author has presented the guide in a manner that is accessible to an adolescent audience. The capstone includes a program for students in which participants brainstorm unique legal issues facing LGBT youth, learn what their legal rights are, and explore hypothetical scenarios involving discrimination and what to do in such situations.

Although many individuals released from prison or jail leave with the hope of a fresh start, many barriers, known as “collateral consequences,” make it difficult for them to reintegrate into society. It is important to understand these collateral consequences at both ends of the criminal process system—at the beginning of the criminal process when an individual has been charged with a crime and may be considering accepting a plea bargain, and at the other end, when the individual is being released from prison and deciding how to move forward.
This capstone, Reentry and the Collateral Consequences of the Criminal Process in New York State, serves as an accessible guide to some of the many consequences that the criminal justice system has on individuals. The guide covers topics such as what to do if you or someone you know is arrested, civic participation (including voting rights and jury service), employment, effects on the family, financial impact, housing, immigration, criminal records, and certificates of rehabilitation.

This capstone instructs trusts and estates attorneys at private law firms on how to represent low-income families regarding guardianship over minor children. The topics covered include types of guardians, judicial discretion to name a guardian, tools for naming a guardian, the rights of non-custodial parents, and helping the client identify a guardian. The capstone also provides a questionnaire to assist attorneys in conducting the initial interview with the client and identifies some of the issues that may arise in the course of representation. Finally, the capstone provides sample petitions for Family Court and Surrogate’s Court.

Collateral consequences of criminal charges are the results of arrest, prosecution, or conviction that were not actually part of the sentence imposed. This capstone synthesizes and builds on other Justice Action Center capstones by Christine Tramontano and Jill Janeczko. Specifically, the capstone serves as a resource guide for criminal defense attorneys in Indiana, New Jersey, New York, Ohio, and Pennsylvania. This capstone also considers common barriers to successful reentry into society, the impact of collateral consequences on disadvantaged communities, and the need for incorporating a holistic advocacy approach to legal representation and reentry.

This capstone takes the position that New York should adopt a policy of open file discovery, which would give defense lawyers much greater access to prosecutors’ evidence in criminal cases. Currently, New York’s criminal discovery process does not provide for full disclosure by the prosecution and therefore undermines the state’s goals of truth at trial and just outcomes. Not only is New York’s process more restrictive than that of many other states, but also the lower courts apply the rules of discovery inconsistently. This capstone reviews the history of criminal discovery, analyzes current discovery rules, considers the effect of restrictive rules on the criminal justice process, and proposes a new process that would improve efficiency and be more just.

The international community has struggled to define the relationship between trade and social issues for over 60 years. This capstone, Uncovering the Use of Human Rights in Trade Negotiations, examines the history of the Singapore Declaration and why developing countries resisted the integration of social issues in the World Trade Organization. The authors eschew traditional reasons for integrating trade and social concerns, and instead frame the issue around the need for sustainable growth. After examining the actual practices of developing nations, the authors present a new model of multilateral trade negotiations that uses social norms to carve out exceptions to World Trade Organization rules.

The Collateral Sanctions Resource assists ex-prisoners dealing with a variety of civil consequences of their convictions that they face upon release from incarceration, called “collateral sanctions.” This capstone addresses five aspects of an ex-offender’s daily life that are affected by collateral sanctions: voting rights, civic rights, access to funding for higher education, parenting issues, and firearm possession. This resource is a tool for defense attorneys to educate their clients about collateral sanctions. It is especially useful for individuals who are considering accepting a plea bargain, but who might not otherwise be aware of the post-incarceration effects of accepting the plea. There has been a recent increase in the severity and number of collateral sanctions facing ex-offenders across the country, but there have also been some notable reversals in the overall trend. This capstone addresses some areas of reform and explores where further reform is necessary.

The author wrote this self-representation manual for the Unemployment Action Center to guide individuals through the New York State unemployment insurance hearing process. The manual instructs readers on how to file a claim, prepare for a hearing, research and apply the law, gather evidence, develop testimony, and write a closing statement. Additionally, it provides a brief history of unemployment insurance and what the hearing before an administrative law judge will look like.

Collateral consequences are civil restrictions that are imposed automatically upon a criminal conviction or guilty plea. This capstone, A Practitioner’s Guide to Collateral Consequences of Conviction, is a resource for criminal defense attorneys who may be unaware of the potential consequences of their clients’ guilty pleas or convictions. This guide outlines several of the most serious collateral sanctions, such as public housing, Section 8 housing and certificates, private housing, welfare and other public benefits, access to employment opportunities, licensing restrictions (including driver and occupational licensing), and sex offender registration.