Digital Commons Network^™

The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter

Cardozo Law Review de•novo

This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.

Robo-Bureaucrat And The Administrative Separation Of Powers, Matthew Seipel

Cardozo Law Review de•novo

This Essay argues that the administrative state's use of artificial intelligence (AI) creates concentrated, unchecked power at the agency leadership level. The Essay draws from Professor Jon Michaels' theory of the administrative separation of powers, and it describes how AI in government disrupts this separation. To alleviate this concern, the Essay puts forward one modest proposal: Congress should amend federal public sector labor law to require collective bargaining over an agency’s decision to use AI.

The Dangers To The American Rule Of Law Will Outlast The Next Election, Paul Gowder

Cardozo Law Review de•novo

According to many constitutional lawyers and political scientists, the presidential administration of Donald Trump (for scholars on the left), or the response to that presidency (for scholars on the right) poses serious dangers to American constitutional democracy and the rule of law. However, this Essay argues that a more careful understanding of the contemporary dangers to the American rule of law are both broader-based and longer-term: inequality among the public, and epistemic polarization among the public as well as among legal elites (including constitutional law professors themselves), undermine the capacity of the American people to use the political tools available …

Child Vehicular Heatstroke Deaths: How The Criminal Legal System Punishes Grieving Parents Over A Neurobiological Response, Amanda Washabaugh

Cardozo Law Review de•novo

Twenty states have passed criminal statutes aimed at reducing heat stroke deaths resulting from a child being left in a vehicle. This Note examines those statutes and the legal theories of punishment they rely upon. The Note proposes that state legislatures repeal these statutes and instead increase funding for programs aimed at expanding awareness and technological advances focused on preventing these tragedies.

Rethinking The Role Of Courts In Resolving Family Conflicts, Jane C. Murphy

Cardozo Journal of Conflict Resolution

Family courts have been a central focus of the national problem-solving courts movement over the last three decades.' These courts have sought to replace the law and process-oriented adversary model with a more collaborative and interdisciplinary regime that de-emphasizes legal norms and focuses on therapeutic goals. While the new paradigm may be an improvement over its more adversarial predecessor, it presents significant risks for many who appear in these courts.2 A growing consensus is emerging among scholars, policy makers, and family law practitioners that the focus for much of family dispute resolution should shift from courts to the community.

This …

Get Out Of Jail Free Testimony And Other Examples Of Interest-Based Bargaining In The Criminal Justice System, Michael Rogers, Maria Garrett, Aaron Dekel

Cardozo Journal of Conflict Resolution

If you do the crime, you must do the time. Well, upon reflection, maybe not always. In the O.J. Simpson Las Vegas robbery case, his accomplices (the "O.Js") who cooperated with the prosecutor following their arrests were all sentenced to probation. The crime of robbery, particularly aggravated robbery, usually results in a lengthy prison sentence. So, why not here? That is because a criminal's most valuable, tradable currency is information. And, in this case, the O.J.s furthered the prosecutor's interest of convicting the bigger fish, or the higher priority defendant, by providing information and testimony to materially assist in convicting …

Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon

Cardozo Journal of Conflict Resolution

No abstract provided.

Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe

Cardozo Journal of Conflict Resolution

No abstract provided.

Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood

Cardozo Journal of Conflict Resolution

This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …

The Cultural Constraints Of Legal Transplantation A Ten-Year Retrospective, James L. Nolan Jr.

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 22, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Overrepresented Yet Overlooked: Lgbtq Survivors Of Trafficking And The Imperative For The Nordic Approach To Sex Trafficking Laws In The United States, Claire Mooney

Cardozo Journal of Equal Rights & Social Justice

The note argues that LGBTQ survivors of human trafficking are disproportionately affected by inadequate legal frameworks and societal discrimination. It advocates for the adoption of the Nordic Model in the U.S., which criminalizes the purchase of sex while decriminalizing its sale, to better address the needs of LGBTQ survivors and align with international human rights standards.

Gatekeeping The Profession, Christopher Williams

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. model of legal education functions as a racial gatekeeper, perpetuating inequality by adopting and exacerbating societal prejudices. It highlights how structural mechanisms within legal education, such as standardized testing, admission processes, and socialization, disproportionately exclude and marginalize students of color, particularly black students, mirroring the experiences of Dalits in India's legal education system. The author introduces the concept of "adoptive prejudice," where legal education systems adapt and embed societal hierarchies, leading to systemic exclusion and disparity.

Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

Articles

Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

After Ice: A New Humane & Effective Immigration Enforcement Paradigm, Peter L. Markowitz

Articles

In recent years, as the U.S. Immigration and Customs Enforcement Agency's ("ICE') brutal tactics have devasted communities across the nation, a growing chorus of activists and policymakers have begun calling for the agency to be abolished. Abolish ICE advocates have made a compelling case for the irredeemable deficiencies of ICE; they have exposed the core injustices that lay at the heart of our current enforcement scheme, and they have proposed specific and thoughtful changes that are both defensible and achievable. However, these changes tend to focus on a negative vision of what we need to eliminate in our current enforcement …

Cardozo Law News Brief: December 6, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• David Rudenstine
• Samuel Weinstein
• Lindsay Nash
• Kate Shaw
• Suzanne Stone
• Michel Rosenfeld

Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick

Cardozo Law Review

No abstract provided.

From Decarceration To E-Carceration, Chaz Arnett

Cardozo Law Review

Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …

Cardozo Law News Brief: November 22, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Kyron Huigens
• Deborah Pearlstein
• Gabor Rona
• Stewart Sterk
• Richard Weisberg
• Christopher Buccafusco
• Suzanne Stone
• Lela Love
• Michel Rosenfeld
• Paul Gugliuzza

Campus News:

• Cardozo Ranked #22 in Hein Scholarship Rankings
• 10th Annual BALLSA Dinner Meets Fundraising Goal
• Intellectual Property Experts Discuss Modern Challenges in Music Law

Events:

• Lunchtime Conversation with Zeid Ra'ad Al Hussein, Former UN High Commissioner for Human Rights
• Lunchtime Talk with Diana Kearney: Strategic Litigation Against The Administration's Migration Policies

Week Of November 18, 2019 - November 22, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo South Asian Law Students Association (SALSA)
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Indie Film Clinic
• Innocence Project Clinic
• Intellectual Property Law Society (IPLS)
• Public Interest Law Student Association (PILSA)
• Real Estate Law Association (RELA)
• The Recording Academy

Cardozo Law News Brief: November 1, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Deborah Pearlstein
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Paul Gugliuzza
• Ngozi Okidegbe

Campus News:

• Floersheimer Center Event Celebrates Professor Stanley Fish and Free Speech
• ACS Hosts "Rigged" Screening and Panel

Events:

• Distinguished Lecture in IP
• Antitrust in the Modern Economy
• The FAME Center Presents: One of Us
• International Comparative Policy and Ethics Law Review Fall Symposium
• 60 Years of Real Estate Wisdom Stephen Siegel in conversation with Professor Stewart Sterk

Innovations In Justice: Experiments In Restorative Processes, Cardozo Journal Of Conflict Resolution

2019 Event Invitations

No abstract provided.

Burns Center Panel Covers Legal Ethics In The #Metoo Era, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

The State Of Juvenile Diversion In Kosovo, Jason R. Tashea

Cardozo International & Comparative Law Review

Through original, in-country interviews and research, this Article will introduce Kosovo's current juvenile diversion system and the need for its continued improvement. Kosovo-Europe 's youngest country-has instituted juvenile diversion, mediation, and educational alternatives to the traditional criminal justice system. This is positive progress, since research shows that children are developmentally more susceptible to reform and reeducation than adults. Thus, rehabilitating a child instead ofpunishing him lessens the chance the child will recommit a crime. However, there is evidence-informed by interviews with national and local stakeholders-that there is still room for procedural and statutory changes to expand the adoption, use, and …

Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Power Matters: Power Configuration And The Death Of American Law, Otis Grant

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Karma And The United States Government: How Mass Incarceration Policies Created An Ailing And Costly Aging Population In The Prison System And How Can Civil Legal Services Assist The Elderly After Release, Korina Rud

Cardozo Journal of Equal Rights & Social Justice

The note argues that mass incarceration policies in the U.S. have led to a growing population of elderly inmates, resulting in significant financial and health burdens. The author emphasizes the critical role of civil legal services in assisting these individuals post-release, particularly in addressing challenges related to employment, housing, and healthcare. The central argument is that tailored legal aid can mitigate the unique struggles faced by elderly ex-offenders, thereby reducing recidivism and improving community integration.

A Judge's Attempt At Sentencing Consistency After Booker: Judge Jack B. Weinstein's Guidelines For Sentencing, Carolin E. Guentert, Ryan H. Gerber

Cardozo Law Review

No abstract provided.