Digital Commons Network^™

Cardozo Law News Brief: March 12, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Alexander A. Reinert
• Rebecca Ingber
• Jocelyn Getgen Kestenbaum
• Deborah Pearlstein
• Michel Rosenfeld
• Jessica Roth
• Richard Weisberg

Campus News:

• Dean Melanie Leslie Appoints Jeanne Estilo Widerka Associate Dean of Admissions
• A Message About Hate Crimes Against Asian Americans

Events:

• How Social Media is Transforming the Legal Profession
• Dean's Speaker Series: David S. Huntley '90
• Join OUTLaw in Remembering Dean David Martinidez
• Sports Law Society presents The Current State and Future of Professional Baseball
• 37th Annual BMI Entertainment & Media Law Moot Court Competition: Music's Copyright Gold Rush
• Social Media Governance, Content Moderation, and Democracy

Cardozo's Response To Recent Hate Crimes Against Asian Americans, Benjamin N. Cardozo School Of Law

Cardozo News 2021

To the Cardozo community, Over the past year, during the pandemic, there has been a deeply disturbing surge in violence, hate crimes and verbal assaults directed against Asian Americans. As you may know, President Biden has signed an executive order condemning the attacks and calling for better data collection to help understand these disturbing trends in criminal violence.

Week Of March 1, 2021 - March 5, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Dispute Resolution Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo Financial Services & Compliance Alumni Group
• Cardozo Health Law Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Startup Society
• Cardozo Tech Talk Series
• Cardozo’s Retail & Luxury Alumni Practice Group
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Mediation Clinic
• Public Interest Law Student …

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth

Articles

This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and effect …

But Is It Good: The Need To Measure, Assess, And Report On Court-Connected Adr, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

We know that very few civil matters reach disposition through trial-but what do we really know about how civil cases DO reach disposition? What number of civil cases reach disposition through settlement? What number of civil cases reach settlement through court-connected "alternative" dispute resolution (ADR)? Do we know enough about the results of court-connected ADR to be able to detect potential patterns of systemic discrimination? This Article examines what we know from federal and state court systems' public reporting and finds: 1) only a minority of federal district courts and state court systems report regarding dispositions through settlement; 2) there …

A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper

Cardozo Journal of Conflict Resolution

In 2015, John Tschol, the owner of a small advising business in Bloomington, Minnesota, thought that he had a wonderful work life. His business was successful-enough to make a modest profit-and his employees were loyal, hard workers, who had been with him for years. Then he found out that his bookkeeper, Laura Scholz, had been embezzling funds, stealing more than $317,000 over two years.

Courts Beyond Judging, Michael C. Pollack

Articles

Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …

The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian

Cardozo International & Comparative Law Review

The acquittal of Soghomon Tehlirian for assassinating Talaat Pasha, a key architect of the Armenian Genocide, represents a significant instance of symbolic jury nullification. This verdict symbolically addressed the moral and legal failure to hold Talaat Pasha accountable, influencing the development of international human rights law and figures like Raphael Lemkin.

Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan

Cardozo International & Comparative Law Review

The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …

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

Student Articles & Notes

This Note will analyze how, despite the fact that New York’s bail reforms reduced city and state prison populations, the revised bail law falls flat in its attempt to resolve the economic inequality in the State’s pretrial detention system—an overarching purpose of the reforms. Part I of this Note will chronicle the turbulent recent history of bail reform in New York and will describe the key differences between the old bail laws, the reformed bail laws, and the amendments to those reforms. Part II will analyze how the current state of New York’s pretrial detention system does little to address …

Entitlement To Punishment, Kyron J. Huigens

Articles

This Article advances the idea of entitlement to punishment as the core of a normative theory of legal punishment's moral justification. It presents an alternative to normative theories of punishment premised on desert or public welfare; that is, to retributivism and consequentialism. The argument relies on H.L.A. Hart's theory of criminal law as a "choosing system," his theory of legal rules, and his theory of rights. It posits the advancement of positive freedom as a morally justifying function of legal punishment.

An entitlement to punishment is a unique, distinctive legal relation. We impose punishment when an offender initiates an ordered …

Police Prosecutions And Punitive Instincts, Kate Levine

Articles

This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed criminal …

New Federalism And Civil Rights Enforcement, Alexander A. Reinert, Joanna C. Schwartz, James E. Pfander

Articles

Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines that stop many civil rights lawsuits in their tracks. But state and local officials share responsibility for the enforcement of civil rights and have underappreciated powers to adopt reforms of their own. This Article evaluates a range of state and local interventions, including the adoption of state law causes of …

Majestic Law And The Subjective Stop, Kyron J. Huigens

Articles

Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …

Too Soft On Corporate Crime?, Adina Feder

Cardozo International & Comparative Law Review (CICLR) Blog

Goldman Sachs Group Inc. (“Goldman Sachs” or “Goldman”), a global banking behemoth, was finally struck with financial penalties of $3.3 billion due to its participation in a Malaysian bribery scheme. The Bank admitted to paying more than $1.6 million in bribes to prominent government officials to obtain lucrative business from 1 Malaysia Development Berhad (“1MDB”), a Malaysian owned sovereign wealth fund. In exchange for the bribes, Goldman became the lead adviser on energy acquisitions and underwrote three bond offerings for approximately $6.5 billion, earning the Bank hundreds of millions in revenue. Goldman admitted that there were red flags surrounding the …

Week Of November 16, 2020 - November 20, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo Center for Public Service Law
• Cardozo Criminal Law Society (CCLS)
• Cardozo International & Comparative Law Review
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Law Review
• Cardozo Office of Alumni Affairs
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA
• Kilpatrick Townsend & Stockton LLP
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Women in Tech Law

Cardozo Ranked 6th In Racial Justice By Prelaw Magazine, Benjamin N. Cardozo School Of Law

Cardozo News 2020

Cardozo was ranked #6 in the nation and given an A+ in Racial Justice by PreLaw Magazine. Cardozo's Business Law program also received an A+ and the law school's Criminal Law program received an A.

Oklahoma V. Purdue Pharma: Public Nuisance In Your Medicine Cabinet, Justin Kaufman

Cardozo Law Review

No abstract provided.

Cardozo Law News Brief: October 30, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Michael Herz
• Deborah Pearlstein
• Samuel Weinstein
• Kate Levine
• Kyron Huigens
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Kathryn Miller

Events:

• Student Services Coffee Chat - Class of 2021
• Immigration Career Panel with FIRE
• Cardozo Journal of Equal Rights and Social Justice Presents: Changing the Way We See Modern Policing: Reform or Abolition?
• Law Review Bauer Lecture

Cardozo Law News Brief: October 23, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Samuel Weinstein
• Ekow N. Yankah
• Kate Shaw
• Christopher Buccafusco
• Ngozi Okidegbe
• Deborah Pearlstein
• Felix Wu
• Edward Zelinsky

Campus News:

• Ira Dizengoff '92 and Betsy W. Dizengoff Establish Dizengoff Family Summer Public Interest Fund
• Moot Court Honor Society Competition Team Makes Semifinals at Emory Competition
• Cardozo Indie Film Clinic Promotes Underrepresented Voices
• 3L Harold Kang Wins NYSBA Dispute Resolution Writing Competition
• Doctoral Law Student Sabarish Suresh To Present Research at The Annual Doctoral Forum on Legal Theory

Events:

• CLIHHR Presents Three Steps Forward, Two Steps Back: The Quagmire of Citizenship in India
• Let's Talk Tech: Merger Analysis in a …

Jed D. Melnick Annual Symposium: Presumptive Adr And Court Systems Of The Future, Cardozo Journal Of Conflict Resolution

2020–2021 Flyers

On Friday, October 23, 2020, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “Presumptive ADR and Court Systems of the Future.” This Symposium was inspired by Chief Judge Janet DiFiore’s bold new Presumptive ADR initiative for the New York Courts.

After a keynote address by Chief Judge DiFiore, six different panels examined the obstacles and opportunities in a historic move towards presumptive, mandatory and highly recommended ADR and mediation, in the United States and around the world.

Cardozo Law News Brief: October 16, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Deborah Pearlstein
• Kate Shaw
• Samuel Weinstein
• Jessica Roth
• Ekow N. Yankah
• Christopher Buccafusco
• Lela Love
• Alexander A. Reinert

Events:

• Fashion Law Society presents Future of Fashion Panel
• TikTok: The Clock's Ticking on the App That’s Changing the Music Industry
• CJCR Jed D. Melnick Annual Symposium: Presumptive ADR and Court Systems of the Future
• Cardozo's Got Talent

Re: The Pretrial Risk Assessment-How New Jersey's Bail Overhaul Is Shaping Bail Reform Across The Country, Andrea Coppola

Cardozo Journal of Equal Rights & Social Justice

The note argues that cash bail systems disproportionately affect low-income and minority defendants, leading to unnecessary pretrial detention. It advocates for the adoption of risk-based algorithms, such as New Jersey's Public Safety Assessment (PSA), to determine pretrial release, promoting fairness and efficiency. The PSA uses nine factors, excluding socioeconomic elements, to assess flight risk and public safety. The note also highlights Alaska's tailored approach, demonstrating the effectiveness of such tools when adapted to specific state needs. It concludes that widespread adoption of these algorithms, with proper safeguards, could reduce incarceration rates and enhance justice system equity.

Medication-Assisted Treatment: Statutory Schemes & Civil Rights Implications, Melissa Koppel

Cardozo Journal of Equal Rights & Social Justice

The note argues that the denial of Medication-Assisted Treatment (MAT) to prisoners with opioid use disorder (OUD) violates the Americans with Disabilities Act (ADA) and the Eighth Amendment of the U.S. Constitution. It contends that states must implement MAT programs in prisons to comply with federal law, reduce recidivism, and improve public health outcomes. The analysis emphasizes that MAT is a medically recognized standard of care for OUD and that withholding it constitutes discrimination and cruel and unusual punishment.

Post-Conviction Dna Testing In Death Row: A Constitutional Argument Under The Due Process Framework, Chi-Hsin Esther Engehart

Cardozo Journal of Equal Rights & Social Justice

The note argues that post-conviction DNA testing in death row cases should be recognized as a constitutional right under the procedural due process framework of the Fourteenth Amendment. It contends that the current reliance on the Eighth Amendment, which focuses on the morality and arbitrariness of the death penalty, fails to adequately address the critical issue of conviction accuracy. By applying the Mathews v. Eldridge balancing test, the note proposes that death row inmates should have a procedural due process right to DNA testing to ensure the accuracy of their convictions before execution.

A Constitutional Analysis Of A Proposal To Expand The Prison Nursery Programs, Lion Song

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding Prison Nursery Programs (PNPs) to include mothers who gave birth up to twelve months before incarceration, arguing that the current eligibility criteria, which exclude these mothers, violate the Equal Protection Clause of the Fourteenth Amendment. The author contends that these mothers are similarly situated to those who give birth while incarcerated and should be afforded the same opportunities to participate in PNPs, which promote maternal-infant bonding, reduce recidivism, and support child custody retention.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Cardozo Law News Brief: September 18, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Deborah Pearlstein
• Christopher Buccafusco
• Kathryn Miller
• Edward Zelinsky

Campus News:

• Dean of Career Services Carey Bertolet Grand Speaks to NY1 on Financial Burdens of Delayed Bar Exam
• Rudenstine Fellow Defends NYC’s Children

Events:

• CLIHHR Book Talk
• CJCR International Advocate for Peace Award

Cardozo Law News Brief: August 28, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Melanie Leslie
• Mark Sidel
• Joel Cohen
• Kate Levine
• Jessica Roth
• Ekow N. Yankah
• Edward Zelinksy

Campus News:

• Cardozo Faculty Set the Trend in Fashion Law with New Casebook: "The Business and Law of Fashion and Retail"
• Bobby Codjoe Joins Cardozo as Director of Diversity and Inclusion