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Cardozo Law News Brief: March 23, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Ekow N. Yankah
• Jessica Roth
• Anthony Sebok
• Christopher Buccafusco
• Aaron Wright

Campus News:

• For the Second Year in a Row, Cardozo Jumps 9 Places in the U.S. News Rankings
• Judge Patricia Millett to Deliver Keynote Address at Cardozo's Commencement Ceremony
• Cardozo Welcomes Dyer Ridley as Associate Dean of Institutional Advancement and Alumni Affairs
• Cardozo's IP Program Receives "A+" from preLaw Magazine
• Cardozo Welcomes Walter Shaub, Former Director of U.S. Office of Government Ethics

Events:

• The Fair Housing Act After 50 Years
• Screening of "1945"
• Cardozo Law - Columbia Law Spring 2018 Colloquium: Citizenship, Religion, Identity
• A Lunchtime Talk …

Learning From The Masters, Benjamin N. Cardozo School Of Law, Benedict Morelli Trial Team

2018 Event Invitations

No abstract provided.

Capital-Sentencing Law And The New Conservative Court, Scott W. Howe

Cardozo Law Review de•novo

With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes for prompt judicial abolition of the death penalty have vanished. Furthermore, existing Eighth Amendment doctrines that limit the death penalty could be in jeopardy. Historically, many advocates for abolition have criticized these doctrines. They claim that the Eighth Amendment prohibition on Cruel and Unusual Punishments requires “consistency” in capital selection and that current capital-sentencing doctrines do not satisfy—and sometimes conflict with— this requirement. However, these advocates failed to anticipate the need to defend these doctrines should judicial abolition become an impossibility and the rolling-back of current …

The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon

Cardozo Journal of Conflict Resolution

This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").

Valorizing Disobedience Within The Ranks: Law And Resistance In American Military Film, Amar Khoday

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Proposing A Federal Post-Natural Disaster Mediation Program, Michelle Shaykevich

Cardozo Journal of Conflict Resolution

Section II explores the history of state and federal natural disaster mediation programs. Currently, there are three primary disaster mediation processes used by states. First, and most common, are ad-hoc programs. These programs are developed after a natural disaster has occured. Second is a program utilized exclusively by North Carolina, whereby an institutional organization maintains a "state of readiness" in the event of a declared disaster. The third type is a mediation program that is run by the state but specifically excludes the mediation of flood insurance claims. Regarding federal post-natural disaster mediation programs, Section II discusses current legislative and …

Resolving The Circuit Split Over Consent Based Searches In Shared Living Spaces, Christopher Grimaldi

Cardozo International & Comparative Law Review

The note argues that the police, not citizens, should bear the responsibility of resolving ambiguities in consent to search cases under the Fourth Amendment. It advocates for a solution that aligns with Supreme Court precedent, particularly Rodriguez and Salinas-Cano, to ensure constitutional protections while maintaining efficient law enforcement. The proposed approach emphasizes the importance of police inquiry to clarify authority over jointly used property, balancing individual privacy rights with practical law enforcement needs.

The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy

Cardozo International & Comparative Law Review

The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.

The Violence Against Women Act, Implicit Bias, And Judicial Training, Lorena Espino-Piepp

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Violence Against Women Act (VAWA) must be amended to include implicit bias training for Family Court judges and staff to address the systemic barriers faced by undocumented Latina immigrant women in accessing justice. These women often face compounded discrimination based on race, ethnicity, and immigration status, which undermines their ability to obtain immigration relief through VAWA protections. The author contends that without such training, the judicial system perpetuates inequities, as judges and court personnel rely on stereotypes that disproportionately harm women of color.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Solitary Troubles, Alexander A. Reinert

Articles

Solitary confinement is one of the most severe forms of punishment that can be inflicted on human beings. In recent years, the use of extreme isolation in our prisons and jails has been questioned by correctional officials, medical experts, and reform advocates alike. Yet for nearly the entirety of American history, judicial regulation of the practice has been extremely limited. This Article explains why judges hesitate to question the use of solitary confinement, while also providing a path forward for greater scrutiny of the practice.

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

Articles

Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Articles

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

With Access And Justice For All, Sagit Mor

Cardozo Law Review

The article explores the intersection of the "right to access" and "access to justice," particularly for persons with disabilities, emphasizing how these concepts interact across various legal and social dimensions. It argues that the Convention on the Rights of Persons with Disabilities (CRPD) provides a comprehensive framework for addressing these issues, focusing on legal capacity, physical accessibility, and effective participation in legal proceedings. The analysis highlights the need to move beyond formal barriers to justice and address deeper structural and ideological challenges, including biased legal norms and the exclusion of disabled individuals from lawmaking processes. Ultimately, the article advocates for …

25 Years Of The Innocence Project: Impact On Law, Policy And The Courts, Cardozo Center For Rights And Justice

2017 Event Invitations

No abstract provided.

2017 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Cardozo and Yeshiva University Welcome New President, page 3

Top News & Events, page 4

Clinics News, page 9

The Independent Film Clinic: Lights, Camera, Transaction!, page 12

Faculty Briefs, page 14

In Brief, page 21

Coming to America, page 24

The Innocence Project Turns 25, page 34

Cardozo Law: Then & Now, page 36

Student News, page 39

Know What Your Work is Worth: Lessons from Prince’s Lawyer, page 40

Movers & Shakers, page 42

Alumni News & Class Notes, page 43

End Note, page 49

The Local Rules Revolution In Criminal Discovery, Daniel S. Mcconkie

Cardozo Law Review

Over the last few decades, federal district court judges throughout the country have used local rules to greatly expand pretrial criminal disclosure obligations, especially for prosecutors. These local criminal discovery rules both incentivize prosecutors to act as ministers of justice and empower judges to manage prosecutorial disclosures. This quiet revolution is now well underway, and the time has come to amend the Federal Rules of Criminal Procedure to bring these innovations to all the districts.

Commentators have long recognized that neither Supreme Court precedent nor the Federal Rules effectively require prosecutors to provide the defense with enough discovery to properly …

The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao

Cardozo International & Comparative Law Review

This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

"I'Ve Got My Mind Made Up": How Judicial Teleology In Cases Involving Biologically Based Evidence Violates Therapeutic Jurisprudence, Michael L. Perlin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the teleological reasoning employed by judges in cases involving biologically-based evidence, particularly in mental disability law. It argues that judges often prioritize pre-determined outcomes over evidence, leading to decisions that neglect valid scientific data and violate the principles of therapeutic jurisprudence.

The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of mandatory minimum sentences for rape offenses in states like New York, drawing on California's approach, to address lenient sentencing and ensure justice for victims. While acknowledging concerns about racial disparities and parallels to the War on Drugs, the author emphasizes the need for consistent and just sentencing to deter future offenses and reflect societal abhorrence of sexual assault.

The Culture Of Misdemeanor Courts, Jessica A. Roth

Articles

The misdemeanor courts that preside over the majority of criminal cases in the United States represent the “front porch” of our criminal justice system. These courts vary in myriad ways, including size, structure, and method of judicial appointment. Each also has its own culture – i.e., a settled way of doing things that reflects deeper assumptions about the court’s mission and its role in the community – which can assist or impede desired policy reforms. This Article, written for a Symposium issue of the Hofstra Law Review, draws upon the insights of organizational culture theory to explore how leaders can …

Redeeming The Pledge: Justice For All, Cardozo Center For Rights And Justice, New York State Bar Association

2017 Event Invitations

No abstract provided.

Suspension Representation Project, New Advocate Training, Suspension Advocacy Project (Srp)

2017–2018 Flyers

Do you want to develop your oral advocacy skills as a 1L? Come join us if you are interested in criminal justice, juvenile justice, access to education, or civil rights?

Week Of September 11, 2017 - September 15, 2017, Benjamin N. Cardozo School Of Law

Today at Cardozo 2017

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Advocates for Kids
• Cardozo Art Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Environmental Law Society (CELS)
• Cardozo Family Law Society
• Cardozo Law Revue
• Cardozo Moot Court Honor Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Alumni Affairs
• Cardozo Office of Career Services
• Cardozo Sports Law Society (CSLS)
• Cardozo Students for Human Rights
• Cardozo Tax Law Society
• Courtroom Advocates Project
• Heyman Center on Corporate Law and Governance
• Muslim Student Association
• Suspension Representation Project

Justice For The Yazidi Genocide, Cardozo Law Institute In Holocaust And Human Rights, Benjamin N. Cardozo School Of Law, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Benjamin N. Cardozo School Of Law, Human Rights Center University Of California, Berkeley, Center For Justice And Accountability

2017 Event Invitations

No abstract provided.

Data Collection And The Regulatory State, Hillary Green, James Cooper, Ahmed Ghappour, Felix Wu

Articles

The following remarks were given on January 27, 2017 during the Connecticut Law Review's symposium, "Privacy, Security & Power: The State of Digital Surveillance."

Alternatives To Immigration Detention, Fatma E. Marouf

Cardozo Law Review

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

Protecting Victims Of Human Trafficking: Creating Better Residency Visas, Efthimia Barbagiannis

Cardozo Journal of International and Comparative Law

The note critiques the international approach to combating human trafficking, arguing that efforts prioritize prosecution over victim protection, leading to inadequate support for victims and increased risks of re-trafficking. It advocates for residency visas tailored to victims' needs as a more effective protection strategy.