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The New Chinese Criminal Justice System, Daniel C. Turack

Cardozo Journal of International and Comparative Law

The article examines the significant legal reforms in China's criminal justice system enacted in 1996 and 1997, aiming to transition from "rule by man" to "rule of law." It evaluates whether these reforms have enhanced personal freedoms and aligned the system with international standards, comparing the pre-1996 legal framework with the revised Criminal Law and Law of Criminal Procedure.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 7, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Plugging Leaks In The Dike: A Proposal For The Use Of Supplemental Opinions In Federal Appeals, Franklin S. Van Antwerpen, Jason H. Miller, Adam J. Wasserman

Cardozo Law Review

No abstract provided.

The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich

Cardozo Law Review

No abstract provided.

The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam

Articles

No abstract provided.

How The Law Was Lost, Paul Craig Roberts

Cardozo Law Review

No abstract provided.

The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh

Cardozo Law Review

No abstract provided.

1998 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

William Schwartz, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Presiding and Memorial Tribute to Telford Taylor, Professor Emeritis, Benjamin N. Cardozo School of Law:

Normal Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Adam Berner, Law and Mediation Offices of Adam Berner, Class of 1994

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Abner Mikva, Visiting Professor, University of Chicago Law School; Former Chief Judge, US Court of Appeals …

Cost-Benefit Analysis, Unintended Consequences, And Evidentiary Policy: A Critique And A Rethinking Of The Application Of A Single Set Of Evidence Rules To Civil And Criminal Cases, Myrna S. Raeder

Cardozo Law Review

No abstract provided.

Economic Analysis Of Evidentiary Law: An Underused Tool, An Underplowed Field, Richard D. Friedman

Cardozo Law Review

No abstract provided.

Ruth Bader Ginsburg: The First Jewish Woman On The United States Supreme Court, Malvina Halberstam

Cardozo Law Review

No abstract provided.

1998-2000 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Legal Studies at Cardozo, p. 8

Degree Requirements, p. 12

Courses, p. 14

The Lawyering Curriculum, p. 23

Faculty, p. 36

Student Resources, p. 48

Dr. Lillian and Dr. Rebecca Chutick Law Library, p. 48

The Center for Professional Development, p. 49

Public Interest Opportunities, p. 52

Placement, p. 54

Student Life, p. 56

Admissions, p. 63

Tuition & Student Finances, p. 63

Cardozo Administration and Board of Directors, p. 67

Academic Calendar, p. 72

Reaching Beyond The Bars: An Analysis Of Prison Nurseries, Nicole Mauskopf

Cardozo Journal of Equal Rights & Social Justice

The note argues that prison nurseries offer a viable solution to the challenges faced by incarcerated mothers and their children, addressing the detrimental effects of separation on both. It advocates for the implementation of prison nurseries to support maternal care and rehabilitation, while also highlighting the need for legal and policy reforms to ensure equitable treatment and protect parental rights.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Origins Of The Fifth Amendment And Its Critics, Leonard W. Levy

Cardozo Law Review

No abstract provided.

Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher

Cardozo Law Review

No abstract provided.

Kogen V. Chief Military Prosecutor, Theodor Or, Dalia Dorner, Jacob Turkel

Translated Opinions

Facts: Petitioners, prisoners in a military prison, participated in a prison uprising allegedly motivated by deficient prison conditions. The military authorities negotiated with the inmates, who demanded improvements in prison conditions and a commitment from the authorities not to prosecute them. The military authorities agreed to this last condition. Despite this agreement, however, the inmates were prosecuted. Petitioners here contest this latter decision.

Held: The Court noted that precedents allow for the government to repudiate an agreement if such a step is dictated by the public interest. Such a decision must take all the relevant interests into account, including the …

1997 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 12

An Interview with Dean Paul Verkuil, page 16

Peaceful Transitions to Constitutional Democracy: Lessons from the Case of Spain, page 20

“It’s a Black Thang, Ya Don’t Wanna Undertand!” Ten Years On, Critical Race Theory Comes of Age, page 24

From Law Journal Article to the Supreme Court, with Time for Teaching and Motherhood, too, page 28

An excerpt from The Reader, page 31

Alumni News & Notes, page 35

The Inner-Morality Of Juvenile Justice: The Case For Consistency And Legality, Adam D. Kamenstein

Cardozo Law Review

American legal and sociological scholarship has struggled for the past century to achieve an effective system for dealing with the problem of juvenile crime. Current juvenile justice systems are the result of this seemingly insurmountable struggle that represents the views of a multitude of competing and complementary interests. These interests, expressed through both descriptive and normative accounts, range from those focused on the welfare of the child who is brought into the juvenile justice system to those concerned with holding the child accountable for his actions. Over a substantial period of American history, these competing interests have yielded a plethora …

Comments From A United Kingdom Perspective, Anthony W. Bradley

Cardozo Law Review

The given facts require us to consider whether Harmonia's National Brotherhood and Sisterhood Youth Organisation Act (the "Act") and action taken under it infringe the requirement that all legislation in Harmonia must conform with constitutional standards of liberty, equality, solidarity, and tolerance. Since judicial review of primary legislation is not possible under the unwritten constitution of the United Kingdom, British legal experience has nothing to say on the main issues of constitutionality.

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

The American Adversarial System In Criminal Cases: Between Ideology And Reality, Johannes F. Nijboer

Cardozo Journal of International and Comparative Law

The article critically examines the adversarial system in American criminal cases, contrasting it with the inquisitorial system prevalent in many European countries. It argues that while the adversarial system remains a defining feature of U.S. criminal procedure, the inquisitorial system, as a historical concept, no longer exists in its traditional form. The analysis emphasizes the need for nuanced comparative legal scholarship to avoid oversimplification and highlights the cultural and historical contexts shaping these procedural systems.

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.

When Democracy Is Not Self-Government: Toward A Defense Of The Unanimity Rule For Criminal Juries, Richard A. Primus

Cardozo Law Review

In 1972, the Supreme Court sanctioned a departure from a long tradition of common law jury procedure by announcing that criminal juries in state courts need not achieve unanimity to convict. The issue remains contentious. On its face, whether or not unanimity should be required in jury verdicts is a procedural question. In reality, of course, the question implicates substantive policy issues as well. Concerns about jury decision rules are linked, as many procedural questions are, to concerns about the results that the procedures in question will yield. For example, a system that allowed non-unanimous verdicts would probably have a …

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Game Theory And Nonrefundable Retainers: A Response To Professors Croson And Mnookin, Lester Brickman, Lawrence A. Cunningham

Articles

In the inaugural issue of the Harvard Negotiation Law Review, Professors David Croson and Robert Mnookin attempt a game-theoretic defense of the nonrefundable retainer. A nonrefundable retainer is an attorney fee arrangement that requires a client to pay her lawyer a specified dollar amount in advance and entitles the lawyer to keep the fee even if he does no work. For nearly a decade, we have argued that nonrefundable retainers are unethical as a matter of professional responsibility and unenforceable as a matter of law. In the last few years, numerous courts have evaluated the enforceability of these agreements, choosing …

Ensuring Meaningful Jailhouse Legal Assistance: The Need For A Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel

Cardozo Law Review

Imagine Jeff, a state prison inmate who is serving a twentyfive year sentence for armed robbery. During this time, he is ordered to appear before a prison disciplinary committee to face charges that he murdered another prisoner during a riot. Although Jeff is entitled to present his defense at this disciplinary hearing, he finds it difficult to prepare his case adequately because he does not know how to read or write. Since he cannot afford an attorney, Jeff seeks the help of a fellow inmate who has a reputation for being skilled in the law. This "jailhouse lawyer" counsels Jeff …

The First Slave (And Why He Matters), Jonathan A. Bush

Cardozo Law Review

This Article has two purposes. The narrower, straight historical purpose is to explore in further detail the status of blacks in the earliest years of Britain's colonies in the New World. The second, more legal aim is to explore what is, for many of us, still the hardest question in American legal history: namely, to understand the route by which slavery came to be legal in the early seventeenth century, in a culture that had long rejected unfree status and that seemed to retain that view.

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …

Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Cardozo Law Review

The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …