Digital Commons Network^™

Sex Work And The Law: Felony, Fetish, Or Free Market?, Christine Guida, Kate Mogulescu, Svati Shah, Ariel Wolf, Margaret Teich

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Repeat Player Effect In Child Protection Mediation: Dangers Of And Protections Against Second-Class Justice For Marginalized Parties, Donna Erez-Navot

Cardozo Journal of Conflict Resolution

This Article will be structured as follows: Part I of this Article will introduce some of the basic and problematic phenomenon including the repeat player effect, cooptation and others that arise in the legal system. In Part II, there will be specific attention to these phenomenon applied in various well-researched dispute resolution areas including criminal, child protection, employment and arbitration contexts. Part III of this Article gives a broad introduction into court annexed mediation and child protection mediation in general. Part IV of this Article will focus on the specific effects of repeat player, cooptation, and others in Family Court …

To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

2014 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 14

Faculty Briefs, page 15

A Conversation with the New Vice Dean, page 20

Game On, page 22

Life in the Box, page 38

Richard Weisberg, page 44

Conviction, page 50

Global Lawyering, page 56

Student Briefs, page 60

Alumni News & Class Notes, page 64

Advancement News, page 74

In Memoriam, page 79

End Note, page 80

The Trials Of Clinical Education, Jonathan H. Oberman, Ekow N. Yankah

Articles

The article discusses the role of clinical education in law schools, emphasizing its value in bridging the gap between theoretical learning and practical experience. It highlights the challenges faced by students in clinical settings, such as the disparity between the meticulous preparation in classrooms and the often abrupt realities of courtroom decisions. The authors argue that while clinical education provides invaluable practical skills, it also risks disillusioning students when real-world outcomes contradict academic expectations. They advocate for a balanced approach that integrates both theoretical and practical training to prepare effective lawyers.

Ethics, Advocacy, And The Child Client, Suparna Malempati

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing children in abuse and neglect proceedings should act as traditional advocates, respecting the child's autonomy and adhering to ethical standards, rather than adopting a paternalistic role akin to a guardian ad litem. This approach ensures that children's voices are heard and their legal rights are protected.

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi

Cardozo Law Review

No abstract provided.

2014 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President and Bravmann Family University Professor, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Robert L. Perkal, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1981

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Preet Bharara, United States Attorney for the Southern District …

What Do We Talk About When We Talk About Control, Anthony J. Sebok

Articles

Despite the recent rejection by the ABA of attempts to weaken the limitations on the sharing of fees with non-lawyers, pressure to allow laypersons to invest in lawsuits remains. This article looks at one argument against lay investment in litigation, which is that laypersons should not be able to control how litigation is conducted.

Pro Bono Grievances, Danielle R. Cover

Cardozo Public Law, Policy & Ethics Journal

Partially as a result of the 2008 economic collapse, the need for pro bono representation has increased steadily over the last five years, while simultaneously the funding for legal services programs and non-profits has decreased. The profession, as a result, has turned to pro bono as a means of addressing the expanding gaps in representation that the economic crisis has fostered. Unfortunately, there is no central authority governing how volunteer attorneys should conduct their pro bono practice. Attorneys are often not taught or exposed to the skills necessary to provide pro bono clients with high quality representation. In addition, two …

Panel 2: Practitioner Insights Into International Dispute Resolution, John M. Peterson, Ruth Teitelbaum, Simeon Baum, Claudia Maffettone, Russell A. Semmel

Cardozo Journal of International and Comparative Law

The symposium explores the role of alternative dispute resolution (ADR) practices in addressing crosscultural and international legal disputes, emphasizing the importance of foundational ADR skills, cultural sensitivity, and innovative approaches like online platforms to facilitate dialogue. It highlights how ADR methods, such as mediation and arbitration, navigate the complexities of crossborder disputes, offering a more flexible and effective alternative to traditional litigation.

Litigation Investment And Legal Ethics: What Are The Real Issues?, Anthony J. Sebok

Articles

One of the foundational principles of legal ethics is that the lawyer owes an obligation of undivided loyalty to the client, and no other interests or relationships can be permitted to interfere with the lawyer's exercise of independent professional judgment on behalf of the client. The strongest objections to litigation investment by third parties is that it may compromise a lawyer's independence. This article examines this objection in the context of a recent report from the Ethics Committee of the Commercial and Federal Litigation Section of the New York State Bar Association and argues that it misses the real legal …

An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper

Cardozo Law Review

No abstract provided.

The Improbable Birth And Conceivable Death Of The Securities Arbitration Clinic, Jill Gross

Cardozo Journal of Conflict Resolution

This Article explores the birth, life, and possible death of SACs in the United States. Part II of this Article describes the history of the securities arbitration clinic in the United States. Part III describes how a SAC operates and how SAC students help investors. Part IV reviews the pedagogical advantages and disadvantages of a SAC, and addresses the reluctance of many law schools to embrace this type of clinic. Part V concludes by predicting whether these clinics have a future in light of the modern challenges to clinical legal education.

Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams

Cardozo Law Review de•novo

This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.

Good Pretrial Lawyering: Planning To Get To Yes Sooner, Cheaper, And Better, John Lande

Cardozo Journal of Conflict Resolution

This Article summarizes the views of respected lawyers about how they negotiate, which were collected as described in Part II. Part III recommends that lawyers develop a strategic approach to negotiation, including general negotiation goals and plans to negotiate at the earliest appropriate time. Part IV outlines recommendations for lawyers to take charge of their cases from the outset, including getting a clear understanding of clients' interests, developing good relationships with counterpart lawyers, carefully investigating the cases, making strategic decisions about timing, and enlisting mediators and courts when needed. Part V provides two general suggestions for improving the quality of …

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay

Cardozo Journal of Conflict Resolution

This Note examines how arbitration and mediation can be injected into the online copyright debate to better serve the interests of all parties. First, this Note addresses past litigation models to compare the benefits and costs of using the courts to resolve piracy issues. The history of litigation against mass peer-to-peer file sharers and individual downloaders is an important aspect to this story. Next, this Note describes the current state of copyright laws and how SOPA and PIPA would alter copyright protection against foreign piracy. Copyright holders, predominately represented by the Recording Industry Association of America, and content hosts, such …

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Panel 2: Juveniles In Solitary Confinement: Rehabilitation Or Torture?, Amy Fettig, Ian Kysel, Cynthia Soohoo, Homer Venters, Michael Corradini

Cardozo Journal of Equal Rights & Social Justice

Symposium: Life in the Box: Youth in Solitary Confinement

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Articles

The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.

2013 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 16

Faculty Briefs, page 18

Felix Wu, page 22

Booting Up, page 24

Michel Rosenfeld, page 36

Legal Style, page 40

Our New York, page 44

Peter Markowitz, page 46

Alumni News & Class Notes, page 58

Floyd Abrams, page 68

Taking Rules Seriously: The Rise Of Lawyer Rules As Substantive Law And The Public Policy Exception In Contract Law, Benjamin P. Cooper

Cardozo Law Review

Are the Rules of Professional Conduct "law?" In disciplinary proceedings, there is no question that they are, but their impact beyond the disciplinary realm remains a matter of controversy. As the Restatement of the Law Governing Lawyers aptly states: "The legal effect of officially adopted lawyer codes is fundamental and diverse." Scholars have examined the non-disciplinary impact of the professional rules in a variety of areas, but this Article examines a largely unexplored question: the enforceability of certain agreements (e.g. lawyers splitting fees with nonlawyers) that are prohibited by the professional rules. If lawyers enter into these prohibited agreements, they …

Silver Linings: Reimagining The Role Of Adr Education In The Wake Of The Great Recession, Lela P. Love, Brian Farkas

Articles

No abstract provided.

Immigration Justice Legal Fellowship Awarded To Michelle Gonzalez, Benjamin N. Cardozo School Of Law

Cardozo News 2013

No abstract provided.

2013 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President and Bravmann Family University Professor, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Leslie E. Payson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Dianne T. Renwick, Associate Justice of …

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the adoption of mandatory civility rules in all state bars, emphasizing that voluntary codes and oaths are insufficient to address incivility among attorneys. It argues that mandatory civility is essential for the efficient administration of justice, public confidence in the legal system, and the integrity of the legal profession. The author proposes specific rules promoting courteous communication, honesty, and respect, aligning with existing professional conduct standards. The article concludes that mandatory civility, supported by education and consistent enforcement, is crucial for maintaining professionalism and fairness in the legal system.

Dispute System Design: A Comparative Study Of India, Israel And California, Janet Martinez, Sheila Purcell, Hagit Shaked-Gvili, Mohan Mehta

Cardozo Journal of Conflict Resolution

Alternative dispute resolution ("ADR") is practiced around the world with myriad approaches, though not without common ground. In an increasingly interconnected world, the sharing of this knowledge and experience has become a natural and even necessary step in the evolution of ADR. Professor Frank Sander, of Harvard Law School, spoke at the Pound Conference in 1976 and posed the notion of the multi-door courthouse, a concept that led to the development of ADR process options in courts throughout the country.

Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel

Cardozo Law Review de•novo

This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.

Lafler And Frye: A New Constitutional Standard For Negotiation, Rishi Batra

Cardozo Journal of Conflict Resolution

The Sixth Amendment guarantees "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense." In 1984 the Supreme Court in Strickland v. Washington established the standard for ineffective assistance of counsel that is a violation of this right. In a pair of decisions handed down in 2012, Lafler v. Cooper and Missouri v. Frye, the Supreme Court extended the holding in Strickland to cover ineffective assistance by defense counsel in the plea-bargaining phase. Recognizing that pleas account for ninety-five percent of all criminal convictions, the court stated that "the negotiation …