May 12, 2015

Professor Marci Hamilton works on a successful bill "Hidden Predator" bill passed in Georgia, Professor David Rudenstine's book is mentioned in court ruling that the NSA phone data collection system is illegal, and Professor Jonathan Oberman and the Criminal Defense Clinic successfully defend a Rutgers University student wrongfully accused of rioting on the Brooklyn Bridge.


Professor David Rudenstine's Book Mentioned in Important Court Ruling That N.S.A. Phone Data Collection is Illegal

Professor David Rudenstine's book The Day the Presses Stopped: A History of the Pentagon Papers Case was mentioned in a May 7 U.S. Court of Appeals for the Second Circuit's ruling that the National Security Agency's bulk phone data collection is illegal. Judge Robert D. Sack mentioned Professor Rudenstine's book in his concurring opinion:

"During the public portion of the hearing, there was little indication that Judge Gurfein was sympathetic to the Timesʹ position that further publication of the Papers, which were marked classified, was constitutionally protected or otherwise permissible.  See David Rudenstine, The Day the Presses Stopped: A History of the Pentagon Papers Case 107‐52 (1996).  As the public portion of the hearing closed, 'the government had reason to be confident that it would prevail, and the Times lawyers could take very little comfort from what had so far occurred.ʺ'"

Read the full U.S. Court of Appeals for the Second Circuit ruling.

Read the New York Times story, "N.S.A. Phone Data Collection Illegal, Appeals Court Rules."


Professor Marci Hamilton Works on Successful "Hidden Predator" Bill in Georgia 

Professor Marci Hamilton's work on a Georgia bill helping abuse victims get justice helped bring it to fruition on May 5. Georgia Governor Nathan Deal signed the "Hidden Predator" bill into law on Tuesday. It opens a two-year window starting July 1 that allows alleged victims to seek justice in civil court against their attacker without statutes of limitations. After that window, the civil statute will allow a victim to seek civil action within two years of discovering harm done by their abuser in addition to the original statute.

Professor Hamilton worked for a year with the bill's primary sponsor, Rep. Jason Spencer, as well as the survivor community, including Voice Today in Atlanta. She testified orally and in writing, and provided copies of her book Justice Denied to committee members. Those working on the bill succeeded moving Georgia from the worst category on victims' access to justice to one of the better states.

Read here for media coverage on the bill. 


Professor Jonathan Oberman and the Criminal Defense Clinic Helps Student Wrongfully Accused of Rioting on Brooklyn Bridge

Cardozo Law's Criminal Defense Clinic successfully defended a Rutgers University student who had been wrongfully accused of participating in a protest on the Brooklyn Bridge in December that left a lieutenant with a broken nose. Students and clinic director Jonathan Oberman worked long hours to recreate the day she spent far from the Brooklyn Bridge.

"It's always very difficult to prove a negative," Oberman said. "But from the inception of the case we felt that there was conclusive and powerful evidence that demonstrated she was never on the Brooklyn Bridge."

Read more about the story here.