Digital Commons Network^™

The Cardozo Memory Project: 9/11, Cardozo Memory Collective

Cardozo Memory Project

To commemorate the 20^th anniversary of September 11, we wanted to get an idea of what it was like at Cardozo Law on that particular day and the days and weeks that followed. Within this publication are the responses we received from our call for memories. There are 22 contributors. These contributors include members of the Classes of 2002, 2003, and 2004. There are faculty and staff members, some who were working at Cardozo at the time, and some who were employed elsewhere. These contributions have been very lightly edited for length and clarity and broken up to provide …

Rethinking Prosecutorial Discretion In Immigration Enforcement, Nicole Hallett

Cardozo Law Review

Prosecutorial discretion in immigration enforcement stands at a crossroads. It was the centerpiece of Obama’s immigration policy after efforts to pass comprehensive immigration reform failed. Under the Trump administration, it was declared all but dead, replaced by an ethos of maximum enforcement. Biden has promised a return to the status quo ante, but the record of using prosecutorial discretion to accomplish humanitarian goals in immigration enforcement under Obama was, at best, mixed. Moreover, it is unclear whether Biden can depend on the availability of programs such as Deferred Action for Childhood Arrivals (DACA), Obama’s signature prosecutorial discretion program. Although the …

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

Introduction, Kate Levine

Cardozo Law Review

No abstract provided.

Victims, Right?, Anna Roberts

Cardozo Law Review

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …

The Paradox Of Criminal History, Eric S. Fish

Cardozo Law Review

Criminal history is all-important in the criminal and immigration systems. But these systems have little substantive information about past crimes. This creates a paradox. A person’s past convictions dictate whether they will face new criminal charges, make bond, suffer a lengthy sentence, or be targeted for deportation, among many other consequences. Yet, despite the vital role that criminal history plays in these decisions, judges and prosecutors know very little about the prior crimes of the people they process. Factually rich accounts of a person’s convictions are rarely available. The system instead relies on rap sheets that record only basic facts—the …

Certifying Second Chances, Cara Suvall

Cardozo Law Review

Policymakers around the country are grappling with how to provide a second chance to people with criminal records. These records create collateral consequences—invisible punishments that inhibit opportunity in all facets of a person’s life. Over the past seven years, states have repeatedly tried to legislate new paths for people trying to move on with their lives. State legislators passed more than 150 laws targeting collateral consequences in 2019 alone.

But what happens when these paths to second chances are littered with learning, compliance, and psychological costs? The people who most need these new opportunities may find that they are out …

The Inadequacy Of The Impossible: Obtaining Post-Conviction Dna Testing In Alabama, Trena Riley

Cardozo Law Review

No abstract provided.

Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge

Cardozo Law Review

No abstract provided.

Reflections On Critical Librarianship And Creating A Controlled Vocabulary, Olivia R. Smith Schlinck

Sandbox Series

During the summer of 2020, several members of the Cardozo Law Library collaborated to create a controlled vocabulary (CV) for LARC, our institutional repository. During the creation of this CV, there was no explicit intention to consider critical librarianship teachings while making decisions about what words “belonged” in the CV nor in drafting policies relating to the CV. This presentation will reflect on how beginning the project with critical librarianship in mind may have impacted the CV and will attempt to consider changes to the current policies to mitigate biases that are undoubtedly embedded in the CV as it stands.

Cardozo Law News Brief: June 3, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Edward Zelinsky
• Peter Goodrich
• Peter L. Markowitz
• Ngozi Okidegbe
• Michel Rosenfeld
• Richard Weisberg

Campus News:

• Cardozo’s Class of 2021 Completes Their Law School Journey with Live Graduation Ceremony in Central Park

Events:

• 29th Annual Public Service Celebration

2021 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Welcome Remarks:

Christopher Buccafusco, Professor of Law, Associate Dean for Faculty Development, Director, Intellectual Property & Information Law, Herald

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Video Messages from the Faculty

Remarks:

Dean Melanie Leslie

Rabbi Dr. Ari Berman, President, Yeshiva University

Commencement Address:

Justice Rosalie Silberman Abella, Supreme Court of Canada

Student Remarks:

Enkeleda Smakaj, LL.M. Class Speaker, Class of 2021

Taylor Dumpson, J.D. Class Speaker, Class of 2021

Student Bar Association Awards:

Andrew J. Windsor, SBA President; Class of …

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

Cardozo Law Review

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …

Class Of 2021 Students Recognized At Awards Night, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Congratulations to our Class of 2021 award winners!

Cardozo Law News Brief: April 23, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Kate Levine
• Ekow N. Yankah
• Kathryn Miller
• Alexander A. Reinert
• Rebecca Ingber
• Suzanne Stone
• Aaron Wright
• Edward Zelinsky

Campus News:

• Commencement 2021 Will Take Place In-Person
• Cardozo's Response to Derek Chauvin Conviction
• Securities Arbitration Clinic Students Present to SEC Commissioners

Events:

• Stop Asian Hate: Time for Facts, Not Fear
• Canceling Lawyers? The Lincoln Project vs. The Legal Profession

Cardozo's Response To Derek Chauvin Conviction, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Yesterday, former police officer Derek Chauvin was convicted of murdering George Floyd last summer. While this verdict brings closure to this particular case and offers necessary accountability for Mr. Floyd’s senseless death, that verdict alone cannot deliver justice. In a just world, Mr. Floyd would still be alive. In a just world, Ma’Khia Bryant would not have been shot and killed yesterday.

Cardozo Law News Brief: April 9, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Kate Levine
• Christopher Buccafusco
• Kathryn Miller
• Alexander A. Reinert
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Richard Weisberg
• Victor Wang

Campus News:

• Billboard Taps Ten Alumni to Top Music Lawyers 2021 List

Events:

• 100 Days of Dissent: Unpacking the Ongoing Indian Farmers' Protests
• Advertising Law Symposium
• Framing Britney Spears: Adult Guardianship and an Artist’s Control Over Her Work
• Dean's Speaker Series: A Conversation with Bess Chiu '09, Chief of Staff, Office of the Counsel to the Mayor of New York City
• Cardozo Law Review: Life of a Note
• Kill Switch: The Rise of the Modern …

The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz

Cardozo International & Comparative Law Review

The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.

Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman

Cardozo International & Comparative Law Review

The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.

Changing The Way We See Modern Policing: Abolition Or Reform, Kathryn Miller, Marbré Stahly-Butts, Mecole Jordan-Mcbride, Kate Levine, Benjamin Tucker, Kumar Rao

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the historical and systemic roots of mass incarceration in the United States, tracing its origins to the 13th Amendment, Black Codes, convict leasing, and the war on drugs. It critiques the prison industrial complex as a system of oppression rooted in racism, capitalism, and heteropatriarchy, and advocates for transformative reforms to dismantle policing and incarceration. The analysis emphasizes the need to move beyond superficial reforms and instead adopt abolitionist approaches that address the root causes of systemic violence and inequality.

Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.

Protecting The Children Of Indian Country: A Call To Expand Tribal Court Jurisdiction And Devote More Funding To Indian Child Safety, Adam Crepelle

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal framework governing Indian country, particularly the Supreme Court's decision in *Oliphant v. Suquamish Indian Tribe*, has failed to protect Indian women and children from violence, perpetuating a crisis of sexual assault, child abuse, and murder. It contends that affirming tribal sovereignty and expanding tribal jurisdiction over non-Indians are essential to addressing these issues and ensuring the safety and well-being of Indian children.

Scanning For Bias: A Neuroscientific Response To Policing With Implicit Bias, Jeanelly Núñez

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Racial Equality And Inequality In America And Lessons From Other Countries, William Y. Chin

Cardozo Journal of Equal Rights & Social Justice

America, a mighty global hegemon supreme in military matters, regards itself as second to none, and where it leads, it expects other countries to follow. But on matters of race, America could follow the examples of countries that have taken the lead in experimenting with racial equality efforts and initiatives. From Brazil's "redemption through reading" prison program to the High Court of Australia's return of land to indigenous inhabitants, much could be learned from the lessons of other countries. That there is still much to learn about racial equality is evident from the police killing of George Floyd, a Black …

Treating Runaway Youth As Criminals: Wrongfully Silencing Their Voices And Issuing Arrest Warrants, Tziona Breitbart

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminalizing runaway youth through the use of arrest warrants and court involvement is harmful and counterproductive. It advocates for a shift in approach, emphasizing the need to prioritize the voices and well-being of runaway youth, eliminate punitive measures, and provide supportive services to address the root causes of their behavior.

2l Student Jhaton White Makes History As Cardozo Law Review's First Black Editor In Chief, Benjamin N. Cardozo School Of Law

Cardozo News 2021

When 2L student Jhaton White found out last week that he had been elected as the first Black Editorin-Chief of the Cardozo Law Review, he said, “my dad called me a legend and compared me to Barack Obama. He still hasn’t stopped and It’s kind of sweet. My mom was really excited as well. We hugged, she told me how proud she is to be my mother and that she knew I would get the position. We also had a quick dance party in the kitchen, then I had to jump on Zoom and join Volume 42’s election process.”

2l Student Jhaton White, Cardozo Law Review's First Black Editor In Chief, Is Featured On Law.Com, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Jhaton White, a 2L student who last week was elected the first Black Editor-in-Chief of the Cardozo Law Review, was featured in a law.com story about the increase in diverse editors at law journals at schools around the nation.

Week Of March 22, 2021 - March 26, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo ADR Competition Honor Society
• Cardozo Alumni Association
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Federalist Society
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Law Review
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Cardozo Women's Law Initiative (WLI)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Heyman Center on Corporate Law and Governance
• Kirkland & Ellis LLP

Week Of March 15, 2021 - March 19, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA) Cardozo Alumni Association
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Criminal Law Society (CCLS)
• Cardozo Data Law Initiative (CDLI)
• Cardozo Family Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Health Law Society
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Law Student Bar Association
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Career Services
• Cardozo Office of Student Services & Advising
• Cardozo Startup Society
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo …