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Finding Sojourner’S Truth: Race, Gender, And The Institution Of Property, Cheryl I. Harris

Cardozo Law Review

This Article begins with the signature speech of Sojourner Truth, one of a handful of Black women of the nineteenth century who became an important figure in the abolitionist movement, a national figure in her own time, and an icon of both historical and contemporary feminism. As the emblematic Black woman of her time and as a Black woman that both suffered under and transcended slavery, Sojourner Truth was and is a critically situated subject through which to examine the crosscutting constructions of race and gender forged under slavery.

“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer

Cardozo Law Review

When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave, American Indians, and various combinations of these cultures and races.

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris

Cardozo Law Review

Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the First Judicial District Court in New Orleans) that were not appealed to the state supreme court after 1846, when appeals were allowed in criminal cases. Professor Schafer, our leading student of nineteenth-century Louisiana slave law, has covered the criminal cases that were appealed …

“Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies, Anthony De V. Phillips

Cardozo Law Review

Several good reasons must have led Michael Craton to choose the title for his very useful work, Searching for the Invisible Man: Slaves and Plantation Life in Jamaica. In the area of slavery and criminal sanctions, however, there is great difficulty with the idea of the "invisibility" of black people. Blacks were, in fact, "evervisible." Indeed, in view of their numbers and ubiquity, the slaves were at the forefront of the minds and concerns of all white people. This was especially true for the dominant political elite who made the laws and controlled the system of the administration of …

The Fate Of “Megan’S Law” In New York, Alison Virag Greissman

Cardozo Law Review

Sexual crimes disgust, anger, and frighten Americans in a way that no other human act does. The transgressions of sex offenders leave victims with lifelong scars and violate society's most fundamental notions of right and wrong. Indeed, husbands beating their wives with frying pans, boyfriends punching their girlfriends with their fists, and men striking women with kitchen chairs and baseball bats in every city of our country are atrocities. Although barbaric, these examples of violent and often fatal attacks are not of the same nature as an assault in which a man desecrates a woman by invading the most intimate …

From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman

Cardozo Law Review

Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. "Gentlemen," he remarked, "we have lived over a century in the last ten years." Corbin did not exaggerate. The Civil War and Reconstruction years witnessed changes as revolutionary as any the nation has ever experienced. And nowhere were the changes as sweeping as in the realm of constitutional law.

1996 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 10

An Interview with Barry Scheck: On cameras, judges, & O.J., page 14

Prosecutor Practicum Melds Theory and Practice, page 18

An excerpt from The Day the Presses Stopped, page 20

Cardozo in Jerusalem, page 30

Alumni News & Notes, page 32

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld

Cardozo Law Review

There are different images or paradigms of law which correspond to different conceptions of justice and different sources of legitimacy. Moreover, in the context of complex, pluralistic contemporary societies, the relationship between law, justice, and legitimacy has become acutely problematic as competing conceptions of the good cast legal relationships as relationships among strangers, and as justice according to law seems irretrievably split from justice against or beyond law. In the face of these difficulties, one could simply abandon the quest for justice beyond law and settle for a combination of democracy and legal positivism which would reduce political legitimacy to …

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.

The Ethics Of Witness Coaching, Richard C. Wydick

Cardozo Law Review

This Article focuses on the ethics of coaching cooperative lay witnesses (not adversary witnesses or expert witnesses). It discusses mostly United States law, but the problems it discusses exist also in England and other nations that use the common law adversary system. As used here, "witness coaching" means conduct by a lawyer that alters a witness's story about the events in question. Usually witness coaching occurs when a lawyer is interviewing a witness in the course of investigating the facts of the case or when a lawyer is preparing a witness to testify at a deposition or trial. Interviewing a …

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …

Power Without Parents: Juvenile Justice In A Postmodern Society, Jonathan Simon

Cardozo Law Review

It is tempting at times to speak of a general crisis of childhood in America. We hear and read of record numbers of children living in poverty and unprecedented levels of violence against children and adolescents. With astounding frequency, stories emerge of child abuse in the nation's churches, schools, and day-care centers. But this characterization of a general crisis leaps over the specific contexts in which these disturbing images are arising and mistakes the democracy of the daily news for a common fate in America. Such a discussion also risks ignoring the specific technologies of power that are in play, …

Boxing Women: Regulation, Women And Mental Health, Cate Hemingway

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal and psychiatric systems collaboratively categorize women who offend as either "mad" or "bad," failing to address underlying social issues. It examines how these systems pathologize women's behavior, using examples like pre-menstrual syndrome (PMS) and battered women's syndrome (BWS) as legal defenses, which often reinforce harmful stereotypes rather than providing meaningful solutions.

Juvenile Justice With A Future... For Juveniles, Mabél Arteaga

Cardozo Journal of Equal Rights & Social Justice

The note examines the evolution of juvenile justice systems, tracing the shift from a rehabilitative focus to increasingly punitive measures. It critiques this trend, advocating for a balanced approach that maintains procedural protections while incorporating rehabilitative programs. The author proposes a dual-purpose system that addresses societal concerns for public safety while ensuring equitable treatment and opportunities for reintegration.

Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii

Cardozo Law Review

Thank you very much. I bring you greetings from all those lawyers you taught. It is my distinct pleasure to represent the American Bar Association ("ABA") at your Association's most important annual meeting, and more than a little humbling considering the tremendous influence the people in this room have over every aspect of our American way of life.

1994 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

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

Invocation:

Rabbi Louis Bernstein, Young Israel of Windsor Park, Bayside, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Robert T. Johnson, Bronx County District Attorney, New York City

Remarks:

Dr. Miller

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Joan Ehrlich-White, Class of 1987

Student Remarks:

Michael …

Daubert: Interpreting The Federal Rules Of Evidence, Paul C. Giannelli

Cardozo Law Review

In 1992 Judge Becker and Professor Orenstein referred to the Frye issue - the admissibility of novel scientific evidence-as the "most controversial and important unresolved question" in the Federal Rules of Evidence. Indeed, during the prior decade the federal courts had battled over the issue, as had their state counterparts. Similarly, text writers and law review commentators vigorously disagreed about the proper standard for admitting scientific evidence. While one ABA report on the Federal Rules explored the Frye issue and concluded that it "is not clear that any standard would produce agreement at the moment," another report cited it as …

Impeachment By Conviction Evidence: Judicial Discretion And The Politics Of Rule 609, Victor Gold

Cardozo Law Review

No provision of the Federal Rules of Evidence has sparked more controversy than Rule 609, which deals with the admissibility of convictions to impeach a witness. When first proposed, the provision was the subject of fierce debate, sparking repeated revision during its drafting and while it was under consideration by Congress. Ultimately, no one side in this legislative battle prevailed entirely; the Rule strikes a compromise between sharply conflicting policies. The text of Rule 609, incorporating no less than three balancing tests, two references to fairness, one to justice, and several other undefined terms, leaves the task of resolving the …

After Daubert: The Relevance And Reliability Of Genetic Information, Dorothy Nelkin

Cardozo Law Review

The United States Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., intended to replace the "austere" admissibility standard of Frye, directed federal judges to assess the scientific validity of the reasoning or methodology underlying expert testimony and its relevance to the facts at issue pursuant to the Federal Rules of Evidence. Daubert is particularly interesting with respect to the use of genetic information in the courtroom. While the most familiar use of such information is in the field of DNA forensics, genetic studies are increasingly cited in cases concerning family relationships and criminal responsibility.

1994 Cardozo Life (Winter) Special Section, Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

The Classroom at Cardozo, page 1

Our Goals, page 1

The Faculty, page 1

The First-Year Curriculum, page 1

The Upperclass Curriculum, page 1

International Law, page 1

Science and Technology, page 2

Entertainment, Communications and the Arts, page 2

Business Law, page 2

Jurisprudence, page 3

Law and Literature, page 3

Alternative Dispute Resolution, page 3

Public Service, page 4

The True Story: Response To Five Essayists, Richard Weisberg

Cardozo Law Review

Several of the writers on Poethics have generously suggested that I respond to their thoughts about the book. No reviewer has objected to the idea. I might have abstained were it not for the passion with which each of their essays has been penned. Whether they agree or disagree with me-or, better still, whether they launch into whole new areas of exploration-these writers merit our careful readings.

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein

Cardozo Law Review

Nearly thirty percent of all women murdered in America are killed by their husbands or boyfriends, and as many as ninety percent of them have been stalked.

1993 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Jacob Burns Feted, page 1

Mediation Clinic Director Negotiates Breakthrough, page 1

New Board Members Elected, page 2

Faculty News, page 2

Dean’s Associates Meet for Breakfast, page 3

Cardozo’s Family of Supporters, page 3

New Cardozo Journal Publishes, page 3

Heyman Symposium Marks 60 Years of Securities Regulation, page 3

Junior High Students Attend ITAP, page 3

In Memoriam, page 3

Second Annual Auction Set, page 4

Mini Diplomas to be Issued, page 4

Cardozo Group Sworn in at U.S. Supreme Court, page 4

Squadron Program Attracts “Stars”, page 4

Message from the Coordinating Committee, page …

1993 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Egon Brenner, Executive Vice President; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

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

Invocation:

Mark Nelson Wildes, Rabbi Isaac Elchanan Theological Seminary

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Frank R. Lautenberg, United States Senator from New Jersey

Remarks:

Dr. Miller

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Jay H. Ziffer, Class of 1983

Remarks:

Samuel Austin Howell, Class of 1993

Awards …

The Values Of Federalism, A. E. Dick Howard

Cardozo Journal of International and Comparative Law

The article explores the values and complexities of federalism, emphasizing its role in balancing unity and diversity, limiting the concentration of power, and fostering democratic governance. It highlights federalism's dual purpose of promoting pluralism and local autonomy while maintaining national cohesion. The analysis draws on the U.S. experience to assess federalism's potential relevance for emerging democracies in Central and Eastern Europe, noting both its benefits and limitations.

1993 Res Nova, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.