Digital Commons Network^™

Interrogating The Nonincorporation Of The Grand Jury Clause, Roger A. Fairfax Jr.

Cardozo Law Review

With the Supreme Court’s recent incorporation—in Ramos v. Louisiana—of the Sixth Amendment’s jury unanimity requirement to apply to the states, the project of “total incorporation” is all but complete in the criminal procedure context. Virtually every core criminal procedural protection in the Bill of Rights has been incorporated through the Due Process Clause of the Fourteenth Amendment to constrain not only the federal government, but also the states—with one exception. The Fifth Amendment’s grand jury right now stands alone as the only federal criminal procedural right the Supreme Court has permitted states to ignore. In one of the earliest incorporation …

Critical Legal Studies And The Police, Nirej Sekhon

Cardozo Law Review

Constitutional police regulation is a complex tangle of substantive rights, remedies, and procedural rules. Together, they appear to scaffold a cohesive system of police restraint. Legal scholars tend to focus criticism on specific rules, impelled by faith that the system can be made to serve its core purpose: protecting civilians against police overreach and abuse. Drawing on critical legal studies, this Article contends that constitutional police regulation is incapable of realizing its putative purpose. Constitutional police regulation frames policing as a series of isolated, individual police-civilian encounters. This is compounded by the unpredictable interpretive interplay between substantive, remedial, and procedural …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Week Of January 24, 2022 - January 28, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Floersheimer Center for Constitutional Democracy
• Latin American Law Student Association (LALSA)
• Public Interest Law Advocacy Week (P*LAW)

Repairing Our System Of Constitutional Accountability: Reflections On The 150th Anniversary Of Section 1983, David H. Gans

Cardozo Law Review de•novo

Section 1983 is a landmark statute that provides the foundation for holding state and local governments and their agents accountable when they violate constitutional rights. Unfortunately, rather than enforce the statute’s text and ensure the accountability that its drafters passed it to achieve, the Supreme Court has created four interlocking doctrines that squelch its promise of accountability: qualified immunity, absolute immunity, strict limits on local governmental liability, and the exclusion of states from Section 1983. This Article, written to mark the 150th anniversary of Section 1983, does a deep dive into the text and history of Section 1983 and recovers …

The Criminal Legal System Doesn’T Care About Your Mental Illness, Fredrick E. Vars

Cardozo Law Review de•novo

Why would a beloved small-town doctor with no history of violence suddenly strangle his father to death? The Other Dr. Gilmer is a gripping account of the search for an answer to this question. It turns out the doctor has a rare neurological disorder that likely caused the killing. If only the diagnosis had come before trial, the author believes, the doctor would not have been convicted of first-degree murder and sentenced to life without parole. That belief is appealing, but naïve. Jails and prisons are full of people with mental illness. Misdiagnosis is not the reason. A close examination …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Every Reasonable Chance Plus Two: How The Red Hook Community Justice Center Bridges The Gap Between The Community And The Justice System, Se Won Park

Cardozo Journal of Conflict Resolution

The following is excerpted from an article published by Fordham Law News:

Standing before Judge Calabrese is Sean Johnson (his name has been changed to protect his privacy). Over the years he has been in and out of Rikers Island and has been arrested multiple times, most recently for shoplifting.

Today, Johnson has come before Judge Calabrese not for arraignment or sentencing but to do his part to solve some of the problems that have kept him cycling in and out of prison. On this afternoon, he has tested drug-free after months of counseling and treatment.

"Mr. Johnson," Judge Calabrese …

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

Alternative Dispute Resolution In Child Sexual Abuse Cases: Approaches For Minimizing Victimization, Stephanie Leavitt

Cardozo Journal of Conflict Resolution

No abstract provided.

Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Betsy Ginsberg, Margo Schlanger

Articles

For over twenty-five years, the Prison Litigation Reform Act (PLRA) has undermined the constitutional rights of incarcerated people. For people behind bars and their allies, the PLRA makes civil rights cases harder to bring and harder to win—regardless of merit. We have seen the result in the wave of litigation relating to the COVID-19 pandemic. Beginning March 2020, incarcerated people facing a high risk of infection because of their incarceration, and a high risk of harm because of their medical status, began to bring lawsuits seeking changes to the policies and practices augmenting the danger to them. Time and again, …

Cardozo Law News Brief: December 2, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Myriam Gilles
• Pamela Foohey
• Jessica Roth
• Ekow N. Yankah
• Kate Shaw
• Gabor Rona
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Deborah Pearlstein
• Alexander A. Reinert
• Edward Zelinsky

Campus News:

• Innocence Project Wins Historic Victory, Overturning Conviction of Two Men in Malcolm X Killing

Events:

• Follow the Law, Break the Mold: An Interview with Sarah Feingold, Etsy’s First General Counsel

Punishment Without Trial: Why Plea Bargaining Is A Bad Deal, Jacob Burns Center For Ethics In The Practice Of Law

2021 Event Invitations

When Americans think of the criminal justice system, they picture a trial. The right to a trial by jury is supposed to undergird our entire justice system – but that bedrock constitutional right has all but disappeared thanks to plea bargaining. In 2018, more than 97 percent of defendants pleaded guilty.

In Punishment Without Trial: Why Plea Bargaining Is A Bad Deal, Carissa Byrne Hessick makes the case against plea bargaining and illustrates why we need to fix it if we ever hope to achieve lasting criminal justice reform.

Join the Jacob Burns Center for Ethics in the Practice …

The Myth Of Autonomy Rights, Kathryn E. Miller

Cardozo Law Review

Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each …

Week Of November 29, 2021 - December 3, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo FAME Center
• Cardozo Women Alumni Group

Rap Lyrics And Evidence Of Guilt: The Racial Impact Of The Weaponization Of Evidence Rules, Brooke Hodgins

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

Many who study the Unites States criminal justice system are quick to note that racial discrimination in the specific contexts of policing and incarceration leads to disproportionate outcomes for Black and Hispanic Americans. As these aspects of our justice system are riddled with racially disproportionate impacts, their prominence in the advocacy for criminal justice reform and legislative attention is undeniably warranted. However, there is also an area less prominent in the public conversation that has shown to play a substantial role in contributing to the racial disparity we see within our system today: state and federal rules of evidence. Specifically, …

Supporting Mental And Public Health Prevention Work In Pre-Atrocity, Atrocity, And Post-Atrocity Settings, Cardozo Law Institute In Holocaust And Human Rights

2021 Event Invitations

The second event in the Digital Dialogue Series, exploring the various chapters in the book through panels with the contributing authors.

Join us for a timely discussion at the intersection of public health, mental health, and mass atrocity prevention in the U.S. and globally. Purchase the volume edited by Professor Jocelyn Getgen Kestenbaum: "Public Health, Mental Health, and Mass Atrocity Prevention."

Clihhr’S Panel Of Experts Explores The Role Of Public And Mental Health Policies And Practices To Prevent Mass Atrocities, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Public Health, Mental Health and Mass Atrocity Prevention, the new book co-edited by Professor Jocelyn Getgen Kestenbaum, examines the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, genocide and the crime of aggression.

Cardozo Law News Brief: November 5, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Myriam Gilles
• Anthony Sebok
• Kyron J. Huigens
• Barbara Kolsun
• Kathryn Miller
• Alexander A. Reinert
• Gabor Rona
• Michel Rosenfeld
• Stewart E. Sterk

Events:

• The COVID-19 Pandemic, Diversity and Inclusion, and the Practice of Law
• Getting Started in Tech Law: How to Build Your Career
• Attica: Screening and Conversation
• Supporting Mental and Public Health Prevention Work in Atrocity Settings
• “Dupe Influencers” and Fraudulent Advertising: Trademark Infringement on Social Media
• 2021 Lemkin Award Ceremony
• Book Talk with Professor Carissa Byrne Hessick on "Punishment Without Trial: Why Plea Bargaining Is a Bad Deal"

Week Of October 25, 2021 - October 29, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Asian & Latino Law Students Association (BALLSA) Alumni Group
• Cardozo Entertainment Law Society
• Cardozo Family Law Society
• Cardozo International & Comparative Law Review
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Public Interest Law Advocacy Week (P*LAW)
• Public Interest Law Student Association (PILSA)

The Eminence Of An Incompetent Forensic Expert Versus The Innocence Of The Defendant, Eza Bella Zakirova

Cardozo International & Comparative Law Review (CICLR) Blog

Globally, nearly all criminal investigations revolve around one key element–forensic evidence. Technology also aids forensic investigations which help experts reach a verdict directed at the real perpetrator—the defendant or someone else. Forensic investigations are highlighted by the media as something supernatural; forensic investigators get to find out what happened at the crime scene before anyone else. As a result, general society tends to assume expert testimony to be 100% accurate. However, general society may not be aware of the fact that under Federal Rule of Evidence 702, a person may qualify to be an expert witness if he has at …

Approaching The Hiv Epidemic And Covid-19 Pandemic With Incarcerated People, Olivia Nevola

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

The COVID-19 pandemic has brought to light structural inequalities that disproportionately affect marginalized populations, especially those targeted by America’s mass incarceration system. There are several parallels between the responses to public health issues that stem from the COVID-19 pandemic and HIV/AIDS epidemic in mass incarceration facilities. Our system of mass incarceration must be reformed to properly address not only the current pandemics across the nation, but also future impending health crises. This kind of reform involves addressing the social and structural determinants of health both inside and outside of correctional facilities.

This post was originally published on the Cardozo Journal …

First Monday: Cardozo Professors Preview The Supreme Court Term At The Floersheimer Center’S Annual Event, Benjamin N. Cardozo School Of Law

Cardozo News 2021

“With the opportunity to have full audio access to all proceedings, this year’s Supreme Court term will be unique,” Professor Kate Shaw highlighted in the Floersheimer Center’s Annual Supreme Court Term Preview. Shaw was joined by Professors Michael Pollack and Ekow Yankah to present and analyze some of the most notable cases on the Supreme Court’s crowded docket.

The Malignancy Of Plea Bargaining, Aaron Hughes

Cardozo International & Comparative Law Review (CICLR) Blog

n Lafler v. Cooper, Justice Kennedy, writing for the majority of the Supreme Court, noted that "criminal justice today is for the most part a system of pleas, not a system of trials. Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas." These numbers have not been consistent: the percentage of criminal defendants opting to plead guilty has only risen over the years. A defendant who pleads guilty forgoes the possibility of being acquitted and therefore receiving no punishment. A right to trial is in part a right to seek to avoid …

The "Right To Control" Theory Of Fraud: When Deception Without Harm Becomes A Crime, Tai H. Park

Cardozo Law Review

It is supposed to be well established that mere deceit is insufficient to convict someone of fraud and that there must also be proof the defendant intended to cause harm to a victim’s “money or property.” Yet, for many decades, federal prosecutors have persisted in pushing expansive theories of criminality to encompass all forms of deceptive behavior, even where the defendants intended no pecuniary harm. The so-called “right to control” theory of fraud is arguably the most extreme (and successful) of these theories. It holds that one’s “right to control” his or her assets qualifies as “property.” Thus, even if …

What Is Wrong With Intimate Partner Abuse And Why It's Criminalization Might Not Be Right, Galia Schneebaum

Cardozo International & Comparative Law Review

Considering a contemporary debate between United States ("US') and United Kingdom ("UK') approaches, this article probes the appropriateness of criminalizing non-violent abuse in intimate partner relationships. Criminal lawyers in the US and the UK are divided on prohibiting intimate partner abuse. Whereas US jurisdictions retain a traditionalfocus on physical injury, England and Wales enforce a novel prohibition on "controlling or coercive behavior," covering conduct such as micromanaging intimate partners'schedules or restricting their behaviors through rules. While the US approach has been criticized as conservative, this article questions the progressiveness of the UK approach. It suggests, first, that in prohibiting "controlling …

The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the U.S. Constitution does not guarantee a fundamental right to education, many state constitutions, including New York's, explicitly recognize this right for children. It contends that juvenile offenders in New York prisons are entitled to the same educational rights as other children under the state's education clause but are currently not receiving an adequate education that meets state standards. The note advocates for reforms to align New York's juvenile education system with its constitutional obligations and suggests adopting practices from other states, such as Florida and Virginia, to improve educational outcomes for juvenile offenders.

A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego

Cardozo Journal of Equal Rights & Social Justice

The note argues that facial recognition technology in policing is fundamentally flawed due to its racial bias, erosion of privacy, and suppression of democratic participation. It advocates for the abolition of facial recognition in law enforcement, citing its inherent inaccuracies and societal risks, and proposes regulatory measures to limit its use if outright abolition is not feasible.

Two Steps Forward, One Step Back: How New York’S Bail Reform Saga Tiptoes Around Addressing Economic Inequality, Daniel Chasin

Cardozo Law Review

No abstract provided.

Racial Recognition, Eldar Haber

Cardozo Law Review

No abstract provided.