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Table Of Contents - Cardozo Law Review, Volume 41, Issue 1

Cardozo Law Review

No abstract provided.

A Second Step Act For The States (And Counties, And Cities), John F. Pfaff

Cardozo Law Review

No abstract provided.

A Judge’S Attempt At Sentencing Inconsistency After Booker: Judge (Ret.) Mark W. Bennett’S Guidelines For Sentencing, Mark W. Bennett

Cardozo Law Review

No abstract provided.

Second Looks & Second Chances, Shon Hopwood

Cardozo Law Review

No abstract provided.

Universal Representation: Systemic Benefits And The Path Ahead, Lindsay Nash

Articles

At a time when politics, financial considerations, and a push for expediency put pressure on the US immigration system, it can be difficult to have faith in the adjudicatory process. Case resolution quotas, directives that constrain courts’ ability to render justice in individual cases, and executive decisions that contract immigration judges’ discretion contribute to an immigration system that looks less and less like judicial adjudication of some of the highest-stakes cases in our legal system and more like a ministerial claims-processing scheme. A ray of hope exists, however, in the proliferation of public defender–style systems that offer universal representation to …

Federal Criminal Risk Assessment, Brandon L. Garrett

Cardozo Law Review

No abstract provided.

The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy

Cardozo Law Review

No abstract provided.

The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan

Cardozo Law Review

No abstract provided.

Cardozo Law News Brief: August 8, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Christopher Buccafusco
• Jessica Roth
• Felix Wu
• Barry Scheck
• Samuel Weinstein
• Deborah Pearlstein

Campus News:

• Michael Wildes Talks About ICE raids on CNN
• Two Cardozo Alums Comment on Immigrants' Rights in Vice

Events:

• LLM Orientation
• JD 1L Orientation
• First Day of 1L Classes
• First Day of Upper-Level Classes

Child Marriage In America: An Interim Solution Pending A Total Ban, Raquel Wildes Genet

Cardozo Law Review

This Note explores child marriage in the United States. Part I considers the scope of child marriage and provides legal and historical background on marital age restrictions (also known as nonage statutes). Part II considers arguments for and against a total ban of child marriage that would create a blanket eighteen-plus-to-marry age requirement in states. Part III concludes that a total ban is not yet a perfect fit for all states. Instead, it argues that no marriage should be permitted when a party is under seventeen, with increasing flexibility and deference to the parties as the child ages so long …

We The People: These United Divided States, Catherine Powell

Cardozo Law Review

In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …

Professor Alex Reinert Named Max Freund Professor Of Litigation & Advocacy, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

Ask The Author: Interview With Justice John Paul Stevens, Katherine A. Shaw

Online Publications

Justice John Paul Stevens sat down for a wide-ranging telephone interview with Kate Shaw. The occasion was the recent publication of his memoir, “The Making of a Justice: Reflections on My First 94 Years” (Little, Brown and Company, 2019). A lightly edited transcript of the conversation follows.

Code Of Silence, Melissa Mortazavi

Cardozo Law Review

To read the literature on professional responsibility is to inhabit a world focused on what is said explicitly about what it means to be a lawyer: the aspirations of the canons, the commands of the Model Rules of Professional Responsibility, the clarifications of court and ethics opinions, and the guidance of the Restatement. However, it often neglects what is not said: spaces where silence reigns. This Article takes a different approach; it listens to the taciturn.

This Article draws insight from when the bar chooses to be silent in the face of widely known violations of the law of lawyering. …

Cardozo Announces Yearlong Event Series Marking 100th Anniversary Of The 19th Amendment, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

Cardozo Hosts 41st Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

2019 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

David Rudenstine, Sheldon H. Solow Professor of Law, Benjamin N. Cardozo School of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Jeremy Wieder, Rosh Yeshiva, Rabbi Isaac Elchanan Theological Seminary, Yeshiva University

Welcome:

Ira S. Dizengoff, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1992

Remarks:

Melanie Leslie, Dean, Dr. Samuel Belkin Professor of Law, Benjamin N. Cardozo School of Law; Class of 1991

Commencement …

Cardozo Launches Data-Focused Online Master Of Studies In Law Degree, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

Dean Melanie Leslie Announces Four New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo News 2019

No abstract provided.

The New York Commission On Prosecutorial Conduct, Benjamin N. Cardozo School Of Law

2018–2019 Flyers

No abstract provided.

The New York Commission On Prosecutorial Conduct: Background And Next Steps, Jacob Burns Center For Ethics In The Practice Of Law

2019 Event Invitations

No abstract provided.

Week Of April 15, 2019 - April 19, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Criminal Law Society (CCLS)
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Cardozo Law Revue
• Cardozo Office of Special Events
• Cardozo Tech Startup Clinic
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• New York Intellectual Property Law Association (NYIPLA)
• Women in Tech Law

Brief Of Amici Curiae Andrea Armstrong, Sharon Dolovich, Betsy Ginsberg, Michael B. Mushlin, Alexander A. Reinert, Laura Rovner, And Margo Schlanger In Support Of Plaintiff-Appellee, Betsy Ginsberg, Alexander A. Reinert

Amicus Briefs

Amici are legal scholars who study the treatment of incarcerated people under the Eighth Amendment to the United States Constitution. Writing and teaching about this topic is a central focus of their work. Amici have a shared interest in the lawful treatment of incarcerated men and women and fidelity to the principles established by the Supreme Court of the United States in Estelle v. Gamble, 429 U.S. 97 (1976). They believe that all people, regardless of their gender identity, are entitled to constitutionally adequate medical treatment consistent with the rule of Estelle.

Week Of April 8, 2019 - April 12, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo ADR Competition Honor Society
• Cardozo Art Law Society
• Cardozo Business Law Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo Law Review
• Cardozo Law Revue
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Moot Court Honor Society
• Cardozo Office of Special Events
• Cardozo OUTLaw
• Cardozo Public Service Scholars Program
• Cardozo Students for Human Rights
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy …

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

Pretext And Justification: Republicanism, Policing, And Race, Ekow N. Yankah

Cardozo Law Review

On April 4, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott's name joined a heartbreaking list of men of color killed by unjustified police violence. The video of the incident also broadcast to the world the spectacular violence always lurking beneath the surface of daily interactions between police and men of color.

The "Black Lives Matter" movement has fiercely insisted Scott's death not be viewed as an isolated incident but understood as woven into the fabric of American policing. American policing harms individual people of color, …

Defending White Space, Addie C. Rolnick

Cardozo Law Review

Police violence against minorities has generated a great deal of scholarly and public attention. Proposed solutions-ranging from body cameras to greater federal oversight to anti-bias training for police-likewise focus on violence as a problem of policing. Amid this national conversation, however, insufficient attention has been paid to private violence. This Article examines the relationship between race, self-defense laws, and modern residential segregation. The goal is to sketch the contours of an important but undertheorized relationship between residential segregation, private violence, and state criminal law. By describing the interplay between residential segregation and modern self-defense law, this Article reveals how criminal …

Re-Examining Custody And Incarceration Requirements In Postconviction Dna Testing Statutes, Ian J. Postman

Cardozo Law Review

Part I describes the history of custody and incarceration requirements in PC DNA testing statutes, as well as the interaction between those requirements and state sex offender registration acts. Part II analyzes a number of custody and incarceration requirements across various states. Part III proposes the elimination of custody requirements from PC DNA testing statutes and rebuts concerns about removing these requirements. Ultimately, this Note argues that custody and incarceration requirements specifically harm those who have been wrongly convicted of sex offenses, and the requirements' fundamental incongruity with the goals of PC DNA testing support their complete elimination from PC …

Living Illegal: Being Lgbt In Russia, Jeremy M. Tsuchitani-Watson

Cardozo International & Comparative Law Review

As lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) rights around the world continue a wave of progress, it is hard to imagine that the advances are being erased at the same pace. It is even harder to imagine this happening in a democratic society in a developed country. Finally, it is even more astounding that this is happening in a country that is considered a super power. However, it is happening, and has been happening since 2006.

For many reasons, the LGBTQ community has become a target of the Russian government; both the federal government and localized governments. …

The War On Affordable Housing?: How Anti-Drug Policies Put Families In Federally Subsidized Housing At Risk Of Eviction, And Methods For Mitigating These Collateral Consequences, Katherine Kuhl

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.