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Class of 1956 - February
No full textAbrahams, S. S. Alfert, D. Aronowitz, B. H. Barranco, F. E., Jr. Beitler, B. Belefant, M. S. Bella, R. A. Berger, A. Berliner, J. M. Black, R. Blyn, D. H. Breier, H. Bromberg, S. D. Brown, D. Brown, E. Calger, A. R. Carro, J. Coundouris, P. J. Covington, G. D. Delprete, C. F. Donahue, R. M. Dubner, S. Feinstein, S. S. Fishman, E. Friedlieb, B. Fritze, C. H. Garcia, L. A. Goldstein, A. J. Goldstein, B. Heller, B. Higgins, P. W. Hilsenrath, E. Jacobs, M. L. Kaufman, J. King, L., Jr. Kissane, J. Koehler, J. O. Kopp, M. H. Kornbluh, M. Kramer, A. Krupin, J. Lagrotta, J. Legatt, J. Lerner, I. Levy, M. Levy, T. S. Mardell, I. D. Martinez, A. C. Mirrer, R. Neuren, H. M. Nissel, J. S. Ogden, R. C., Jr. Polinsky, H. G. Potter, J. W., Jr. Pulvers, M. Ramos, M. Rettig, A. Rettinger, M. H. Saltzman, L. I. Schulman, D. Schurkman, J. Schwartz, N. C. Serber, S. Sherman, B. Simon, A. M. Simon, W. E. Smilow, M. Smyth, F. J. Stern, A. Wasserman, L. G. Weber, H. Weich, R. I. Weiss, M. A. Zager, V.https://brooklynworks.brooklaw.edu/bls_classphotos/1062/thumbnail.jp
Class of 1956 - October
No full textAltman, A. Amarant, P. Bernstein, J. Bizar, I. Bock, L. Borden, G. Burg, L. Chadurjian, F. Culpepper, L. Davis, J. Etkin, W. Fell, L. Franklin, L. Franzblau, B. Guss, R. Katz, M. Krauss, H. Krusch, J. McGarvey, C. Ramirez-Hernandez, G. Sable, J. Schulman, S. Sharkin, G. Starkman, C. Stoffer, P. Sturm, W. Tetta, P. Vogel, J.https://brooklynworks.brooklaw.edu/bls_classphotos/1065/thumbnail.jp
Class of 1959 - Evening Section
No full textAdam, G. Agovino, A. R. Auberbach, B. Baer, M. Baker, R. Balancia, R. Baum, R. Bender, S. Berger, E. Bertman, N. Bienstock, W. Birnhak, S. Birns, M. Braverman, G. Burstein, L. Butner, L. Chamson, A. Cohen, M. Cohen, S. Corleto, R. Decurtis, V. E. Deoul, N. Driesman, D. Eisenberg, L. Epstein, S. Fay, J. Fein, B. Feuerstein, S. Fialkow, M. Fields, B. Fingerhut, P. Finkel, A. Frank, R. Frohman, A. Gechtman, H. Glasser, P. Goldberg, H. Goldberg, R. Golden, S. Goldenberg, S. Goldstein, D. Goldwasser, E. Haspel, S. Herskowitz, H. Hirsch, M. Hodesblatt, N. Horn, D. Ingham, F. W. Iversen, E. Kaskel, A. Kaufman, E. Kent, A. Kieves, S. Kirby, T. Knight, R. Koeppel, R. Krasnow, D. Krolik, M. Lewis, W. C. Levy, H. Levy, L. Lorge, B. Luna-Torres, R. Lustrin, W. Marmo, T. Morse, J. Mechlin, H. Menack, M. I. Miller, G. Neale, P. Odell, I. Orlansky, D. Paige, J. Peisach, P. Perlmutter, G. Pinzolo, J. Reynolds, J. Richmond, M. J. Rifkin, A. Ronga, F. Rosenthal, M. Roth, S. Schnur, H. Schonbrun, J. Sherman, M. Shore, M. Skurnick, B. D. Smallheiser, M. Smolar, H. Solomon, S. Spiegel, I. Spires, E. Steinberg, J. Steinhouse, C. Stone, H. H. Tauber, R. Topper, D. Wagner, M. Weinberg, L. Weiser, H. E. Werber, S. Williams, J.https://brooklynworks.brooklaw.edu/bls_classphotos/1069/thumbnail.jp
Identity Crisis: First Amendment Implications of State Identification Card and Driver’s License Branding for Registered Sex Offenders
Get PDFThe Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel concierge, and bank tellers. States have required their citizens to display information they would not otherwise display, thereby directly infringing on the First Amendment rights of registrants to be protected from compelled speech. As a result, registrants are shamed, humiliated, and denied their rights to privacy, thereby further isolating and ostracizing this already vulnerable group. This public labeling and shaming has the potential to increase recidivism rates by hindering opportunities for the rehabilitation and reintegration of registrants post-incarceration. This note argues that the Supreme Court’s failure to affirmatively hold these branded IDs as unconstitutional compelled speech promotes an acceptance and normalization of sex offender laws that have historically sought to shame registrants, hiding behind the guise of promoting safe communities. This note further proposes that all registration requirements that expose one’s registered status to the public, including branded IDs and community notification practices, should be repealed and replaced with discrete local law enforcement monitoring based on an individualized assessment of a registrant’s risk of reoffense, accompanied by community-based comprehensive reintegration plans
Clicking Away Consent: Establishing Accountability and Liability Apportionment in Direct-to-Consumer Healthcare Artificial Intelligence
Get PDFArtificial Intelligence (AI) and machine learning are making sweeping changes across all industries, and health care is no exception. AI promises to revolutionize patient treatment with the development of algorithm-driven tools to improve efficiency in clinical care. As alluring as machine-driven learning may be given its potentialities, however, the incorporation of AI into the healthcare field has also been received with trepidation. This fear is understandable given the lack of transparency to the public surrounding the exact mechanisms for creating algorithms and the reasoning followed by the software. Indeed, AI in the healthcare system is aptly known as “black-box medicine.” Liability apportionment for when AI malfunctions or errs is special cause for concern and an area of tort law that remains largely uncharted, controversial, and jurisdiction-dependent. This note sets out to provide solutions to the moral and legal concerns raised by AI developers’ use of liability waivers to escape culpability, specifically in the context of direct-to consumer health and medical mobile applications (apps). The seminal case of Tunkl v. Regents of University of California provides an excellent six-factor framework for the judicial interpretation necessary to ensure accountability and transparency in AI-based treatment. This note argues that the Tunkl factor of bargaining power dynamics should hold controlling weight as it deals with the essence of contract validity based on mutual understanding and voluntariness. Focusing on the power dynamic between AI developers and consumers is especially important in the healthcare app space because of the heavy influence of information asymmetry and heuristic biases, which are exacerbated by the black box nature of medicine. This framework should be applied in invalidating exculpatory clauses contrary to public policy and in finding all waivers of liability required to be signed by app users to be presumptively invalid, regardless of the categorization of the app (i.e., for both health apps and wellness apps). Centering concerns over bargaining power and voluntariness in judicial interpretation of exculpatory clauses, and thus upholding the principles of contractual freedom, is essential to establishing accountability and transparency in AI healthcare use
Too Small to Succeed: How Small Nonprofits are Disadvantaged by the Unrelated Business Income Tax
Get PDFThis note explores the unrelated business income tax (UBIT) and its unfair impact on smaller, less well-funded nonprofits. Although typically exempt from taxation, nonprofits can still be subject to the unrelated business income tax. Nonprofits are subject to UBIT when they have income that (1) qualifies as a trade or business, (2) is regularly carried on, and (3) is not substantially related to its tax-exempt purpose. This note argues that small nonprofits are unfairly disadvantaged by UBIT, because they typically have low budgets and small staffs without legal counsel. Congress should update the Internal Revenue Code (IRC) so organizations that earn less than $100,000 in annual unrelated income are exempt from UBIT. The complexity of UBIT and vagueness of its “substantially related prong” make the tax difficult to apply. Additionally, organizations with financial and legal resources can receive what essentially acts as a personalized tax exemption after submitting private letter ruling (PLR) requests. PLRs are determinations made by IRS officials of whether income is taxable. They only apply to the requesting taxpayer. Given the unfair application of the complex law and UBIT’s low revenue production for the Internal Revenue Service (IRS), this update to the IRC would benefit both the IRS and nonprofits that serve the needs of local communities
Dedication
Get PDFThe Brooklyn Law Review dedicates this issue to our friend, colleague, and Executive Notes Editor, Rob Stengel. October 18, 1988–December 8, 202
Freedom on Paper: Reforms to Women’s Rights in Saudi Arabia Will Not Be Effective Until Male Guardianship is Abolished
Get PDFMale guardianship, a societal custom derived from Islamic law, renders women in Saudi Arabia second class citizens. The country’s preservation of male guardianship has broken its agreement to adhere to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the leading international women’s rights treaty. Throughout the past decade the country’s Crown Prince, Mohammed bin Salman al Saud (“MbS”), has issued rulings that work to slowly dismantle the apparatus of male guardianship. These developments have been both meaningful and restrained; MbS attempts to tread lightly into human rights reforms to garner the support of western allies, without angering politically powerful conservative religious clerics at home. Due to a lack of enforcement and rampant discrimination in the legal system, women’s ability to access these rights remain greatly dependent on the politics and culture of their of their family and community. Dissidents and activists are silenced when they attempt to speak out on the reality of the situation. Though a legislature is in place, legal and political power is dominated by the absolute monarchy, providing MbS with sole power to move the needle. This note argues that, in order to obtain the global posture MbS seeks for Saudi Arabia, he can, and must adhere to CEDAW by fully dismantling the system of male guardianship, thereby ceasing the legal and cultural subjugation of women
Getting the Law Right: An Essay in Honor of Aaron Twerski
Get PDFWritten in honor of the great torts scholar Aaron Twerski, this article critically analyzes disturbing developments in New York negligence law as it applies to police who injure innocent bystanders. With the New York Court of Appeals’ 2022 decision in Ferreira v. City of Binghamton as a focal point, it argues that Ferreira and other contemporary decisions have largely betrayed the promise of the 1929 Court of Claims Act, which waived state and municipal immunity for police torts. While courts may be warranted in recognizing certain limits on police negligence liability that do not apply to private actors, the current regime, which purports to grant municipalities immunity not only for most instances of police nonfeasance but also for most instances of misfeasance, is indefensible. That decisions from New York’s high court have reached this untenable position largely reflects, in our view, both its misapplication of basic rules of negligence law and a failure to take seriously the principle of civil recourse that animates tort law and private law more generally. As such, they serve as a stark reminder of how important it is for courts and scholars to combine doctrinal expertise with sound judgment—precisely the salutary combination embodied in Professor Twerski’s torts scholarship