Where rules RULE!!
There are still spots open for the Court of Appeals trip on Tuesday March 19th. But hurry they’re going fast. Get down to see Professor Espenosa, Mahendra Francis, or Jessica.. At the legal studies department. Or come to. The Paralegal Club / Mock Trial Club at 1pm in room Namm 617, right across from the legal studies department on the 6th floor.
Abigail 
Attention aspiring paralegal students and future lawyers… We need you here. Preparation for mock presentations starts next week.
We need warm blood who wants to get experience in arguing and debating these cases.
Abi 
Since I was bored, the lobbying effort to Albany being canceled and all. I figured we’d take a walk through some history. Staten island was the last of the five incorporated boroughs in NYC and didn’t become one until 1898. The native population was so resistant to change they kept most of their original infrastructure well into the 1930s.
The original County Court seen here is now a visitors center. The county clerk’s and surrogate’s building is now a museum and shop.
Staten Island prior to incorporation had a provincial system much similar to New Jersey, in which one overarching county government, known as a seat, oversaw smaller provincial type governments. Meaning Richmond Town was not only the seat of the county government. But had its own town hall with local offices as well. As did many of the other provincial areas. Such as New Brighton which ran the towns on the North Shore facing Manhattan. Don’t ya love history.
For those looking forward to Higher Education Day in Albany today , I regret to inform you that due to inclement weather the trip has been postponed about 3 weeks. For those of you that had to leave extra early this morning for the 6am call time, the fine folks at NYPIRG regret the late cancelation. But under the circumstances I’m sure most of you understand. See you in class tomorrow.
Abby
Hello Prof C
The map of. The district and circuit courts is loading blank from my phone. All the other scans are working fine. Figured I’d let you know.
Abby
(02/06/2019, The National Review, David French, The Supreme Court Upholds a Grave Violation of the First Amendment)
[article link referenced below]
Dominique Ray could probably go down as one of the least popular and most hated people in America. After raping and murdering a 15 year old woman. An act so horrific none of us feel he should even be afforded the slightest amenity at all. But we are a nation of laws and as David French rightfully argues the denial of Ray’s request for his imam to be present at his execution is a clear violation of Ray’s first amendment rights. That if the case was argued on merits alone, substituting a Christian Chaplain in place of Ray’s imam, it would have been a unanimous decision in Ray’s favor. Also eluding to Justice Kagan’s opinion,.
David notes that since the case was not decided on merits “it doesn’t impact substantive constitutional law”. Still it does represent an injustice and one the Supreme Court could have easily reversed 9-0. Providing reason to believe that this case was decided conveniently on the basis of religious bias.
Both Justice Kagan and David French hit the nail on the head. But I feel, at the same time, both miss an equally compelling point to the way this trial concluded. So often the course of law altered at the opinions of our courts. We have the precedent we all know, that sets or alters the course of how law is interpreted and applied in our daily lives. But there’s also what I’ll call precedent of public opinion. To. Illustrate this I’ll reference the 2000 elections. In 2000 Bush’ election to the oval office was highly contested and nowhere more than Florida. Ultimately the case reached the Supreme Court and the Supreme Court voted 5-4 in favor of Florida. But it did so based on the technicality a recount would take longer than legally allowed under normal circumstances, without considering any other lawful exceptions, most notably Katherine Harris’ clear conflict of interest. Now, Notice in 2016 when Trump was highly contested how few claims were filed to have recounts and how few recounts there were when compared to 2000. In future days I wouldn’t be surprised if many first amendment claims don’t attempt the Supreme Court because they’re Muslim or Sikh or Shinto. To echo similar sentiments to those of justices Stevens, Breyers, and Ginsburg 19 years ago. What must now underlie the thoughts of every non-Christian, and in particular Muslim, out there is an utter lack of confidence, both in our nation and in our system of justice.
Article
https://www.nationalreview.com/corner/the-supreme-court-upholds-a-grave-violation-of-the-first-amendment/amp/
Additional reference, Wikipedia Synopsis of Bush vs. Gore (531 US 98)
https://en.m.wikipedia.org/wiki/Bush_v._Gore
It’s official, that after 13 years the CVA( Child Victims Act) has passed,as. reported by Vivian Wang in the NY times (1/28/2019, link provided below) . The passage of the CVA (Child Victims Act) has many legal ramifications. Prior to passage of the Child Victim’s Act the Statute of Limitations was a standard SOL starting at the age of maturity (18) which meant survivors had until 23 or 5 years after they turned 18 to file any type of claim. The passage of the CVA would extend the time limit by advancing the age at which criminal SOL would start from 18 to 23, this effectively raising the an adult survivors of CSA could bring criminal charges against someone to 28. The act also extends the age at which a victim can civilly sue their assailant (or the institution, school, or organization that enabled them) anytime up to 50 years of age. Just to give some perspective one man mentioned in the article mentions had been molested when he was 16, and went on to say it was not until the age of 62 that he told the school the abuse had happened. Many survivors, some of them not even old enough speak, can take decades to come to terms with their abuse, if at all. The act also waives the victims responsibility of notifying the assailant, or organization of the intent to bring an action. As well it has given He courts a one year look back window, starting 6 months after it becomes active, into which all previously dismissed cases up to one year can be reevaluated on Merit and considered for Retrial. In addition to revisions retraining court personal and justices on how to deal with the new legislation.
In my personal opinion this law is a strong and effective step in the right direction that NYS has needed for a long time. For way too long NYS held on to antiquated legislation on Child Sexual Assault that often benefited the victimizer. Selling out their most vulnerable constituents for what reason I have yet to understand. In the past few years the running the excuse was from the Republican led senate finance committee, who claimed passing the law would just cost the state too much money. As if one could put a price tag on such a thing as child’s healthy development. Organizations like Who (The World Health Organization) have labeled it a major health concern. As a victim of Child Rape myself, I am absolutely elated this bill passed. The Civil part especially. According to the National Centers for Victims of Crime in the vast majority of cases where there is credible evidence a child has been penetrated, only between 5% and 15% show injuries consistent with child sexual abuse. Age wise 66% of victims being between 12-17 and 34% between under 12. And only about 38% of children attempt reporting sexual abuse, and that has no bearing on whether their perceived as credible or simply dismissed. With statistics like that it’s not hard to see why CSA is so apt to go on for years and years and year’s . It’s also disconcerting that even single instance CSA has been linked to high rates of CPTSD, Anxiety, Depression, Suicide and High Risk behaviors well into adulthood. The CDC estimated the annual cost of Child Maltreatment or Abuse in the US is an estimated $124 billion dollars. That’s a whopping 3.3% of our $3.8 billion budget. This includes immediate expenses , as well as loss of productivity and increased healthcare costs in adulthood. While this estimate is for all forms of child maltreatment, there is evidence that the consequences of child sexual abuse are equivalent or greater than the consequences of other forms of child maltreatment. CSA has been proportionally linked to an increase in minor and serious health problems among victims when compared with the general population as well. Which is why the extended civil option is so important The amount of restitution can offset the lifetime costs of medical and psychological costs dealing with this pandemic. But the economics is just the beginning. Victims of CSA are more likely to suffer sexual and domestic violence as adults. Which is bad enough in states with adequate legislation. All things aside how New York could ever allow itself to not update its laws for so long, under this type of a threat, is completely incomprehensible.
Additional References pertinent to the law and CSA
https://www.assembly.state.ny.us/Press/files/20180501b.php
https://www.assembly.state.ny.us/leg/?bn=A.5885-A&term=2017
https://www.who.int/reproductivehealth/topics/violence/clinical-response-csa/en/
http://victimsofcrime.org/media/reporting-on-child-sexual-abuse/child-sexual-abuse-statistics
https://www.rainn.org/statistics/children-and-teens
http://www.d2l.org/wp-content/uploads/2017/01/all_statistics_20150619.pdf
Hi,
I’m Abigail Thomas.Â
From my earliest childhood I have had strong interests in systems and rules and well figuring things out. I love a good challenge. The sciences, philosophy, the human mind, and law.. Particularly in respects to advocacy and justice, both social and political all interest me.. Now to digress only a wee bit.. I did attempt college before I my early 20s only to fall miserably on my face for a myriad of reasons. Fast forward from 91 to 2018. I have reasonably working hearing aids, the student loans I originally had have been discharged, and within a week I went from admitting as a transfer student to literally sitting in classes. Much of it my own research and footwork. I still can’t believe I didn’t flunk at least one class last semester. .
Why I am majoring in law and paralegal studies is to continue on to law school and ultimately become a barred attorney. On a deeper level, it has as much to do with what I had to go through to get here (which would require way more space, as well as a sleuth of content/trigger warnings) as it did my love of rules, structure, order, systems, justice, and advocacy.
One of the things I wouldn’t mind learning is how civil litigation applies to certain criminal elements like sexual assault. Aside from that there is already a lot coming up in this course that I can’t wait to sink my teeth into. I really just want to jump into the theory and application of law headfirst. So much material and so little time
So, you know that point when you tire of communicating the things “you want others to know because you think they want to know it ” and go right for the ” ok this is my warning label”. That’s sort of where I’m at. So I’m transgender and also lesbian. So that’s the least significant facts. Then what else you should know? I’ve been hard of hearing practically my whole life, but didn’t have hearing aids until I was 37, and didn’t have decent ones until about four years ago. I was medicated for epilepsy from 2 to 14. I spent the majority of my early school years in special education and not in a good way at all. I may not always be perceived as the strongest, smartest, fastest, nor most attractive, but I am the most endearing and enduring. No doubt I will fail, but because of those failures I also succeed.
I happen to be the secretary of NYCCT Pride club (as in LGBTQIA+ pride) for which I am writing it’s current constitution and there’s a page for it here on OpenLab as well. I like biking, walking, swimming , I like writing when I get into the mood. I must be alien because I’m not a big fan of coffee. But Pio Bagel on Willoughby and Lawrence makes excellent fresh juices. I guess ill just end this here.
Abigail
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