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2009 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 24

An Interview with Bernhard Schlink, page 34

“You shall love the stranger, for you yourselves were once strangers in the land of Egypt.”, page 40

Arguing Ashcroft v. Iqbal: A View from the Lectern, page 48

Their Defining Moments, page 52

Alumni News, page 58

2009-2010, Benjamin N. Cardozo School Of Law

Student Handbooks

Official handbook outlining academic policies, student services, and campus resources for Cardozo Law students.

Gardasil A Year Later: Cervical Cancer As A Model For Inequality Of Access To Health Services, Micah Globerson

Cardozo Journal of Equal Rights & Social Justice

This article updates a prior feminist legal analysis of Gardasil, the vaccine against Human Papillomavirus ("HPV"), in light of new developments. Recent discoveries confirming that HPV poses threats to men led Merck & Co. ("Merck") to apply for FDA approval to market Gardasil to males. These developments have renewed focus on the recurring question of whether making Gardasil vaccination a prerequisite for boys' school participation will arouse the same public condemnation that resulted from the prior mandate targeting girls. Another new development involves a vaccine panel recommendation by the Centers for Disease Control ("CDC") that inadvertently resulted in a policy …

Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter

Cardozo Journal of Conflict Resolution

This article attempts to give an overview of the problem facing litigators in their increasingly global practice, as well as the steps that litigators can take to act in compliance with legal and ethical guidelines. Accordingly, this article is divided into two broad areas. First, this article will discuss what activities constitute the practice of law and which jurisdiction's law should govern, focusing on whether ADR practices constitute the practice of law. Second, if the litigator is engaged in the practice of law, this article considers what actions the litigator should take in order to comply with the applicable ethical …

Coping With Combat Claims: An Analysis Of The Foreign Claims Act's Combat Exclusion, Jordan Walerstein

Cardozo Journal of Conflict Resolution

The purpose of this Note is to show that, although the FCA has positively impacted U.S. military operations, the so-called "combat exclusion" severely hampers its effectiveness. Therefore, Congress should eliminate the distinction between combat and noncombat claims and adopt a unified, permanent claims system to adjudicate all claims made by civilians against U.S. military forces operating overseas. Part II of this Note explores the origins of the "combat exclusion" in international law, and Part III traces the history of civilian compensation through World War I and World War II. Part IV surveys U.S. military use of the FCA and ad …

We Can Do Better: The State Of Custodial Misconduct By Correctional Staff In New York, Tanyika Brime

Cardozo Journal of Equal Rights & Social Justice

The note examines a class action lawsuit filed by female inmates against the New York Department of Correctional Services (DOCS), alleging widespread sexual misconduct by correctional staff and constitutional violations. The court ultimately dismissed most claims due to procedural issues, such as failure to exhaust administrative remedies, except for one plaintiff. The analysis highlights systemic failures in addressing prison sexual abuse and advocates for comprehensive legal reforms and external oversight to protect vulnerable inmates.

Barriers To Freedom: Continued Failure Of U.S. Immigration Laws To Offer Equal Protection To Immigrant Battered Women, Katerina Shaw

Cardozo Journal of Equal Rights & Social Justice

The note argues that U.S. immigration laws, despite advancements made by the Violence Against Women Act (VAWA), continue to fail in providing equal protection and adequate relief to immigrant battered women. It highlights that these women face significant legal and non-legal barriers, including unequal treatment under VAWA, burdensome evidentiary requirements, and cultural and financial obstacles that prevent them from seeking help and escaping abusive relationships.

Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Special Masters And E-Discovery: The Intersection Of Two Recent Revisions To The Federal Rules Of Civil Procedure, Shira A. Scheindlin, Jonathan M. Redgrave

Cardozo Law Review

No abstract provided.

The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Demographics, Trends, And A Call To Action, Toby Golick

Articles

Every discussion of aging in America seems to begin with demographic statistics showing that our population is increasingly old and getting older. But the figures are truly stunning: In 2006 (the latest year for which data are available), 37.3 million persons were 65 years old or older in America; this represents 12.6 percent of the U.S. population-more than one in every eight Americans. By 2030 the number of older people is expected to increase to 71.5 million older persons, over 20 percent of the total population.

2008 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, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

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

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Hon. Dennis Jacobs, Chief Judge, US Court …

State Government Speech In A Federal System, Laura J. Hendrickson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross

Cardozo Journal of Conflict Resolution

It is not unusual for a disaster or crisis to give rise to increasing tensions, interpersonal disputes and general conflict; however, even after an unexpected disaster of the magnitude of the 9/11 attacks, mobilizing conflict resolution services was not a priority for conflict professionals. In the wake of 9/11, mediators, arbitrators and other conflict resolvers were primarily concerned, like their fellow citizens, with their own safety and the safety of their families. When the fear of harm from additional attacks eventually subsided, many who had not been directly affected turned their attention to assisting those less fortunate who had lost …

Family-Centered Approach To Providing Comprehensive Asthma Care Services: The Harlem Family Asthma Center, Vincent E. Hutchinson, Lucille L. Lebovitz, Jennifer L. Northridge, Mary E. Northridge, Rubiahna L. Vaughn, Roger D. Vaughan

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

2008 Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

2008-2009, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Access To Justice: The Use Of Contingent Fee Arrangements By Public Officials To Vindicate Public Rights, Neil F. X. Kelly, Fidelma L. Fitzpatrick

Cardozo Journal of Equal Rights & Social Justice

The article examines the legality and efficacy of contingent fee agreements in public nuisance litigation, particularly in the context of childhood lead poisoning cases. It argues that such agreements are valid, ethical, and necessary for governments to pursue justice and remediation in cases where public health and safety are at risk. The analysis focuses on the landmark Rhode Island case against lead pigment manufacturers, highlighting how contingent fee arrangements ensure fair representation and accountability without compromising due process or impartiality.

Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith

Cardozo Journal of Equal Rights & Social Justice

The article presents a longitudinal study of Yale Law School graduates from 1970 to 1999, analyzing their career paths, job satisfaction, and gender differences in professional experiences. It highlights the prevalence of career transitions, with many graduates moving from private practice to academia, government, or public interest roles. The study reveals significant gender disparities in job satisfaction and work-life balance, while challenging common assumptions about legal careers, such as the notion that women abandon private practice more frequently than men. The analysis underscores the importance of understanding career dynamics to improve support systems for law graduates.

"The Public Gaze And The Prying Eye:" The South And The Privacy Doctrine In Nineteenth-Century Wife Abuse Cases, Jerome Nadelhaft

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Mischief And Mayhem: A Symposium On Legal Issues Affecting Youth In The Child Welfare And Juvenile Justice Systems

Cardozo Journal of Equal Rights & Social Justice

February 21, 2008 at the Benjamin N. Cardozo School of Law

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Arieh Israel Insurance Company Ltd V. Kaplansky, Edna Arbel, Miriam Naor, Mishael Cheshin

Translated Opinions

Facts: The respondent, a lawyer, represented a company (hereinafter ‘the company’) that filed a claim against the appellant insurance company for fire loss. Before it received the insurance payout, the company asked the respondent to sign a document stating that he no longer represented them. It explained that the insurance company refused to make the payout for as long as the respondent represented the company. The respondent signed the document. When the company received the payout, it refused to pay the respondent the agreed fee for his services. The respondent sued the company for breach of contract, and the insurance …

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

2007 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 28

An Interview with Monroe Price, page 36

Cardozo Turns Thirty Sporting a Top-to-Bottom Renovation, page 40

Judge Greenway Asks 2006 Graduates to Make Promises, page 44

Cardozo Student Volunteers Blog from New Orleans & Biloxi, page 46

Building a Real Estate Career, page 50

Alumni News, page 60

2007 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Michael E. Herz, Vice Dean, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

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

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

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

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of …

Predatory Structured Finance, Christopher L. Peterson

Cardozo Law Review

No abstract provided.

Business Imperatives And Fiduciary Duty, Melanie B. Leslie

Articles

No abstract provided.