In the News

“How to Help the Accidental New Yorkers Separated From Their Families and Shipped to Upstate Prisons”

By Queens Daily Eagle
July 11, 2018

NYLS Faculty: Claire Thomas

Where am I?”

That was the most common question I heard from the detained immigrant men and women I met when I visited the Albany County Correctional Facility last week.

While public attention remains focused on the horror that is family separation, the Southern Border has, in fact, moved to Albany. In the past week, over 300 individuals from 17 countries have been transferred to a county jail in Albany by Immigration and Customs Enforcement (ICE). Most of these men and women were in immigration custody in San Diego after crossing the U.S.-Mexico border. Others had already been detained for at least eight months at the Batavia ICE Facility near Buffalo, New York.

Capital region immigrant legal service providers, including the Immigration Law Clinic at Albany Law School and The Legal Project, are leading the effort to provide counsel, with support from the New York Immigration Coalition and partners from all over the state.

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“Danielle Corcione, Former Assistant U.S. Attorney, Joins CSG’s White Collar Practice”

By CSG
July 09, 2018

NYLS Faculty: Claire Thomas

Former Assistant U.S. Attorney, Danielle M. Corcione, has joined Chiesa Shahinian & Giantomasi (“CSG”) as a member in its White Collar Criminal Defense & Government Investigations Group.

An experienced trial lawyer and counselor, Corcione represents individuals, governmental entities and corporations in connection with white collar criminal defense, internal investigations and complex civil litigation matters. She also brings extensive experience counseling on data privacy issues.

She joins a number of former federal prosecutors at CSG – including Jeffrey Chiesa, Ross Pearlson, Matthew Beck and Lee Vartan.

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“Trump Says Some Yemeni TPS Beneficiaries Can Stay”

By Queens Daily Eagle
July 09, 2018

NYLS Faculty: Claire Thomas

On Friday, the Trump administration announced it would extend TPS for roughly 1,250 people from Yemen who live in the U.S.

The decision shields the TPS beneficiaries a civil war that has killed or displaced hundreds of thousands of people in Yemen. Millions more are affected by famine in what the United Nations calls “the world’s worst humanitarian crisis.”

“After carefully reviewing conditions in Yemen with interagency partners, Secretary Nielsen determined that the ongoing armed conflict and extraordinary and temporary conditions that support Yemen’s current designation for TPS continue to exist,” the Department of Homeland Security said in a statement on its website.

The extension will last until March 3, 2020, but the administration failed to extend TPS for the roughly 400 Yemeni citizens granted TPS after January 4, 2017. Advocates said the decision will expose recently arrived Yemenis to violence and famine.

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“10 Reasons why I THINK free speech is more effective than hate speech law”

By Female First
July 09, 2018

NYLS Faculty: Nadine Strossen

Censorship doesn’t always stop discrimination or violence. Agnes Callamard, Director of Columbia Global Freedom of Expression, recently noted that European countries “are ravaged by increasing. . . inequality,” as well as “rising . . . violence and hate” against immigrants, Roma, and Jews, despite their strict hate speech laws.

Censorship doesn’t always stamp out hateful ideas, but can drive them underground or incentivize hatemongers to sugarcoat them, making them harder to refute.

Censorship can turn haters into free speech martyrs, who might receive added attention and even sympathy, while those who seek to silence them could forfeit the moral high ground. That’s why hateful speakers often welcome censorship efforts. The Nazis, were prosecuted under Germany’s hate speech laws in the 1920s and 1930s, and it’s also true for hateful provocateurs today.

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“Pryor Cashman Expands Family Law Practice With Leading Matrimonial Attorney Karen Platt”

By Market Insider
July 09, 2018

NYLS Alumni: Karen Platt ’99

Pryor Cashman announced today that leading family law attorney Karen Platt has joined the firm’s New York office as a partner. With nearly two decades of experience litigating a range of matrimonial issues, she will bolster the firm’s nationally-recognized Family Law Group. Platt joins from Mayerson Abramowitz & Kahn, LLP, where she was a partner.

In addition to broad expertise negotiating prenuptial and postnuptial agreements and counseling clients on spousal support, child custody and complex asset distributions, Platt is also a trained mediator and collaborative lawyer who is consistently ranked as a top family law attorney by Best Lawyers in America and Super Lawyers.

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“Donald Trump prepares to Announce Supreme Court Nominee”

By BBC
July 08, 2018

NYLS Faculty: Nadine Strossen

Donald Trump prepares to Announce Supreme Court Nominee

As President Trump prepares to announce who he wants to appoint to be the next judge on the Supreme Court, we ask how this might change everyday life in the United States.

Also on the programme: England’s win over Sweden means it will play in a World Cup semi-final for the first time in 28 years. And we ask if it is ever appropriate for white people to sing former African American slave songs.

(Photo: President Donald Trump. Credit: AFP)

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“First Amendment in Jeopardy”

By The Washington 100
July 06, 2018

NYLS Faculty: Nadine Strossen

The most perennially embattled right was hailed by Justice Holmes as most imperative: “Freedom for the thought that we hate,” including hateful ideas.

That’s why the ACLU lost 15% of its members in 1977-78 when it defended freedom for neo-Nazis in Skokie, Illinois, home to many Jews and Holocaust survivors. That’s also why the ACLU lost supporters when defending free speech for alt-right demonstrators in Charlottesville last year. And that’s why most college students support censoring “hate speech.”

Yet, as President Obama stressed: “[T]he strongest weapon against hateful speech is not repression; it is more speech.”

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“In Corruption Retrial, Dean Skelos Takes Stand in Own Defense“

By New York Times
July 06, 2018

NYLS Faculty: Rebecca Roiphe

Dean G. Skelos, once one of the most powerful players in New York State government, unexpectedly took the stand in his own defense on Friday during the retrial of a federal corruption case that two years earlier had resulted in a five-year prison sentence.

Mr. Skelos, the former majority leader of the Senate Republicans, was convicted in 2015 of bribery, extortion and conspiracy; neither he nor his son, Adam B. Skelos, who was also found guilty, chose to testify at that trial. Their convictions were overturned last year, after a Supreme Court ruling narrowed the legal definition of corruption.

Prosecutors quickly vowed to retry the case, contending that the evidence was sufficient to overcome the definition of corruption being narrowed to formal and concrete government actions or decisions, not political courtesies like setting up a meeting.

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“Medicaid Must Fund Sex Reassignment Surgery in Iowa”

By Gay City News
July 05, 2018

NYLS Faculty: Arthur Leonard

An Iowa trial judge has ruled that a state regulation prohibiting Medicaid coverage for sex reassignment surgery violates the state’s Civil Rights Act as well as the State Constitution’s equal protection requirement.

Ruling on June 6 on appeals by two transgender women denied preclearance for the procedures, Polk County District Judge Arthur E. Gamble in Des Moines rejected the state’s argument that the public accommodations law is inapplicable.

Iowa has a long history with this issue. In the 1970s, a transgender woman appealed a denial of benefits for sex reassignment surgery in federal court, winning a ruling from a district court and, in 1980, from the Eighth Circuit Court of Appeals, which found that under the federal Medicaid statute, as then written, such surgery was covered as medically necessary in-patient hospital services.

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“Decisive Win for Pennsylvania”

By Gay City News
July 05, 2018

NYLS Faculty: Arthur Leonard

In a lengthy June 18 opinion, a unanimous three-judge panel of the Philadelphia-based Third Circuit Court of Appeals explained its decision the previous month rejecting a key part of the legal challenge by some students and parents to the Boyertown Area School District’s policy of letting transgender students use facilities consistent with their gender identity.

Written by Circuit Judge Theodore McKee, the opinion is a total victory for the school district and its transgender students, upholding the trial court’s refusal to halt the district’s trans-friendly policies while the case is being litigated.

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