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Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein

Cardozo International & Comparative Law Review (CICLR) Blog

On Halloween in 2017, Sayfullo Saipov drove a large truck into dozens of people on the cycling and pedestrian pathway near the West Side Highway in Manhattan, causing eight deaths and numerous injuries. Saipov was allegedly acting on behalf of the Islamic State (“ISIS”), and the Southern District of New York charged him with twenty-eight counts, including murder and attempted murder in aid of racketeering and provision of material support to a designated foreign terrorist organization, among other included charges. Saipov, a citizen of Uzbekistan, was found guilty by the American jury on all counts during the guilt phase of …

Mediation Response Unit Shows Potential As An Alternative 911 Response, Olivia Kalsner Kershen

Cardozo Journal of Conflict Resolution (CJCR) Blog

In May 2022, the City of Dayton, Ohio formally launched a new pilot program that sends trained mediators to respond to low emergency 911 calls to de-escalate non-violent conflicts and mediate disputes among community members. This new initiative, called the Mediation Response Unit (MRU), is the first of its kind in the nation as it sends mediation teams to respond to calls without a co-response by police. The idea for the MRU came about through discussions among a Community Engagement Working Group that was formed in 2020 to implement police reforms in the City. The MRU states that its goals …

Cardozo Law News Brief: January 6, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Edward Zelinsky
• Saurabh Vishnubhakat
• Pamela Foohey
• Jocelyn Getgen Kestenbaum

Campus News:

• Derrick Hamilton, Deputy Director of Perlmutter Center for Legal Justice, Appears on ABA Journal Podcast

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• Class of 2023 Commencement

Zoned In: How Residence Restrictions Lead To The Indefinite And Unconstitutional Detention Of New Yorkers Convicted Of Sex Crimes, Rebecca Tunis

Cardozo Law Review de•novo

Despite the New York Court of Appeals majority holding in People ex rel. Johnson, New York’s policy of detaining individuals beyond their maximum sentence because they are unable to procure SARA-compliant housing is plainly unconstitutional. The policy violates sex offenders’ fundamental right to be released from prison after serving their sentence. Further, the policy fails to meet even the most relaxed form of judicial review because the state has not shown that it benefits public safety. Indeed, there is virtually no evidence proving that this policy serves to protect the public at all, and a growing body of research shows …

A Means To An End: A Way To Curb Bias-Based Policing In New York City, Garanique N. Williams

Cardozo Law Review de•novo

Conversations about destructive policing, violence, and questionable law enforcement practices have been a focus in social media in recent years. However, housing status is often a neglected, yet important, protected category that should be considered in conversations about the impact race, class, socioeconomic status, and other factors have on policing. This Note argues that since the NYPD has found alternate, less invasive means of accomplishing their objectives, NYPD officers who operate in Police Service Areas located on NYCHA property, are in violation of New York City Administrative Code Section 14-151 for targeting NYCHA residents, based on housing status, and therefore …

Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal

Cardozo Journal of Conflict Resolution

No abstract provided.

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Cardozo Journal of Conflict Resolution

No abstract provided.

2023 Winter - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Winter 2023 issue of the CLIHHR Newsletter highlights the Institute’s work in solidarity with communities affected by identity-based violence and mass atrocities. It features updates from the Benjamin B. Ferencz Human Rights and Atrocity Prevention Clinic, student and fellowship spotlights, international collaborations in Argentina, major public events including the Lemkin Award Ceremony, and faculty engagement in global human rights and humanitarian law forums. The newsletter reflects CLIHHR’s commitment to survivor-centered justice, Indigenous rights, restorative justice, and international accountability.

Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush

Cardozo Journal of Conflict Resolution

No abstract provided.

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Cardozo Journal of Conflict Resolution

No abstract provided.

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …

Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw

Articles

Public law litigation is often politics by other means. Yet scholars and practitioners have failed to appreciate how public law litigation intersects with an important aspect of politics-electoral time. This Essay identifies three temporal dimensions of public law litigation. First, the electoral time of government litigants-measured by the fixed terms of state and federal executive officials-may affect their conduct in litigation, such as when they engage in midnight litigation in the run-up to and aftermath of their election. Second, the electoral time of state courts-measured by the fixed terms of state judges-creates openings for strategic behavior among litigants (both public …

Victim-Offender Mediation: A Missing Component Of A Multi-Pronged Approach To Reduce New York City Subway Crime, Elizabeth Neuburger

Cardozo Journal of Conflict Resolution

No abstract provided.

Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin

Cardozo Arts & Entertainment Law Journal

The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.

Physical Scars Are Not The Only Evidence: Crucial Expansion Of New York's Penal Law To Define Coercive Control And Technological Abuse As Domestic Violence, Bailey D. Appel

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's domestic violence laws are insufficient as they fail to recognize non-physical forms of abuse, specifically coercive control and technological abuse. It emphasizes the need to expand the legal definition of domestic violence to include these forms, particularly in light of the increased prevalence during the COVID-19 pandemic, which trapped victims at home with their abusers.

Among Us: Impostor Syndrome And Barriers To Black Success, Deshayla M. Strachan

Cardozo Journal of Equal Rights & Social Justice

Black women are going places-but they're not going into the practice of law. While law schools are becoming more diverse, the legal profession is not. The lack of diversity in the legal profession, coupled with existing implicit bias, causes heightened Impostor Syndrome in women, especially Black women, as well as women from other underrepresented groups. The harder the impostor feelings hit, the more difficult it is to retain women of color in the legal profession. Emotions associated with Impostor Syndrome (e.g., feelings of insufficiency) begin upon entry into the legal profession, as many roadblocks prevent marginalized groups from gaining admission …

Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Why Criminal Defendants Cooperate: The Defense Attorney's Perspective, Jessica A. Roth, Anna D. Vaynman, Steven D. Penrod

Articles

Cooperation is at the heart of most complex federal criminal cases, with profound ramifications for who can be brought to justice and for the fate of those who decide to cooperate. But despite the significance of cooperation, scholars have yet to explore exactly how individuals confronted with the decision whether to pursue cooperation with prosecutors make that choice. This Article—the first empirical study of the defense experience of cooperation—begins to address that gap. The Article reports the results of a survey completed by 146 criminal defense attorneys in three federal districts: the Southern District of New York, the Eastern District …

The Perlmutter Center For Legal Justice At Cardozo Law's First Client, Bruce Bryant, Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2022

The Perlmutter Center for Legal Justice at Cardozo School of Law, Yeshiva University commends New York Governor Kathy Hochul for commuting the life sentence of its first client, Bruce Bryant.

Damn The Torpedoes! An Unprincipled, Incorrect, And Lonely Approach To Compassionate Release, Christopher J. Merken, Barnett J. Harris

Cardozo Law Review

When Congress passed the First Step Act in 2018, it extended to federal prisoners the right to file their own motions for compassionate release under 18 U.S.C. § 3582(c)(1)(A). As COVID-19 ravaged prisons, sentencing courts received a massive influx of prisoner-filed compassionate-release motions. But because the United States Sentencing Guidelines and the relevant Application Note predated the First Step Act, and therefore made no mention of prisoner-filed compassionate-release motions, sentencing courts were unsure whether they had discretion to determine whether a prisoner presented “extraordinary and compelling circumstances” warranting compassionate release.

Every United States Court of Appeals to consider whether sentencing …

Taming Immigration Trauma, Raquel E. Aldana

Cardozo Law Review

This Article documents the United States’ century-long efforts to humanize our borders. In the end, law has been insufficient to tame immigration law’s enforcement. How the United States enforces borders, however, can and should be more humane. Two important principles should guide this process. First, the United States should recognize that borders’ impacts are as severe as other forms of punishment, especially when the means to enforce the immigration power have become indistinguishable from criminal enforcement. Second, human trauma should guide immigration policy toward meaningful inclusion. After significant reckoning over the travesty of shutting our borders, the United States has …

Justice Center Leader's Journey From Prison To Changemaker, Derrick Hamilton

Perlmutter Center News

Derrick Hamilton, deputy director of Cardozo School of Law's Perlmutter Center for Legal Justice, studied law while in prison and won his own exoneration after serving a 21-year sentence. Today, he hopes to make big changes in the justice system to ensure others don't need to do the same.

The New York Law Journal Covers Launch Of The Perlmutter Center For Legal Justice, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2022

The New York Law Journal covered the launch of the Perlmutter Center for Legal Justice.

Click here to read more.

Chinese American Advocacy For Chesa Boudin’S Recall After The 2021 Covid Hate Crimes Act, Grace Ouyang

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

On June 8, 2022, San Francisco voters ousted Chesa Boudin as district attorney. Boudin was known as a “progressive prosecutor” who introduced criminal justice reform policies that aligned with restorative justice to reduce mass incarceration. Boudin was elected district attorney in 2019 on a decarceration platform which aimed to eliminate cash bail, to establish a prosecutor’s unit to re-evaluate wrongful convictions, and to advocate against assisting Immigration and Customs Enforcement (ICE) with raids and arrest. Two years later in May 2021, President Biden passed the COVID-19 Hate Crimes Act, which aimed to streamline the reporting of Asian American Pacific Islander …

Cardozo Launches The Perlmutter Center For Legal Justice, Benjamin N. Cardozo School Of Law

2022 Event Invitations

The Perlmutter Center for Legal Justice at Cardozo Law will be comprised of two components:

The Perlmutter Forensic Science Educational Program, an ambitious legal education program in scientific evidence for practicing attorneys.

The Perlmutter Freedom Clinic, seeking justice for the unjustly incarcerated, will fight wrongful convictions based on the misuse of scientific evidence and work to obtain clemency for individuals that have been unjustly incarcerated.

The Center will be led by prominent civil rights attorney and criminal justice reform advocate Josh Dubin, who will serve as Executive Director. The Deputy Director will be Derrick Hamilton, a formerly incarcerated individual who …

Cardozo School Of Law Of Yeshiva University Announces $15 Million Gift From Isaac And Laura Perlmutter To Create The Perlmutter Center For Legal Justice, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2022

Law school’s largest-ever gift continues the success of Yeshiva University’s recently launched Rise Up Campaign. The Center will train lawyers to prevent the use of junk science in court cases, fight wrongful convictions and obtain clemency for the unjustly incarcerated.

Concerns Re: Rikers Island And The Increase In Inmate Deaths, Emma Guggenheimer

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In recent years, New York City’s jail system has been in a state of constant crisis due to overcrowding, violence, and consistent sick outs from correction officers. When Mayor Eric Adams took office in January 2022, Department of Corrections commissioner Louis Molina said he was “unequivocally committed to transparency and restoring public trust in the agency.” The agency has been plagued by corruption and sixteen detainee deaths in 2021. As of September 27, 2022, sixteen people have died after being held in Riker’s Island, even as officials have rushed to implement reforms to stave off a looming June 2022 threat …

Kukin Program Newsletter – Fall 2022, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2022 celebrates leadership transitions, achievements, and initiatives at Cardozo Law School's Kukin Program for Conflict Resolution. Andrea Kupfer Schneider joins as Director, succeeding founding director Lela Love, with Robyn Weinstein taking on key roles in the Mediation Clinic. Faculty aided Ukrainian law students with skills training, and ADR Competition Honor Society members achieved international and domestic victories. The program awarded Boskey Restorative Justice Fellowships to students working on impactful community projects. Events like the Melnick Symposium explored critical topics, while William Ury received the International Advocate for Peace Award for his global conflict resolution …

2022 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

The Perlmutter Center for Legal Justice at Cardozo Law, page 14

Faculty Impact on Legal Scholarship, page 16

Cardozo Faculty in the Media, page 20

The Power of Cardozo Clinics, page 24

The Supreme Court Overturns Roe, page 40

Faculty Appointments, page 42

Retirements, page 45

Q&A with Professor Myriam Gilles, page 46

Commencement, page 48

Student Briefs, page 52

Alumni Movers & Shakers, page 58

Class Notes, page 62