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Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler

Cardozo Journal of International and Comparative Law

The note examines the systematic sexual enslavement and gender-based violence perpetrated by ISIS against Yazidi women and girls, emphasizing the legal and jurisdictional challenges in prosecuting these crimes under international law. It argues that while the International Criminal Court (ICC) lacks jurisdiction over Iraq and Syria, alternative mechanisms such as ad hoc tribunals, hybrid courts, or prosecutions in foreign national courts offer feasible pathways to justice for the victims

A Principled Strategy For Addressing The Incarceration Crisis: Redefining Excessive Imprisonment As A Human Rights Abuse, Mirko Bagaric, Sandeep Gopalan, Marissa R. Florio

Cardozo Law Review

In July 2015, Barack Obama became the first sitting U.S. President to visit a U.S. prison. The visit was largely symbolic. What is not symbolic is the reason for the visit. Sentencing policy and practice in the United States is fundamentally broken, to the point that it is an intellectual and normative wasteland. This has resulted in the United States becoming the world's most (gratuitously) punitive country. The imprisonment of over two million Americans is perhaps the most pressing domestic moral issue of our time. Further, the prison system is in a state of crisis due to the unsustainable cost …

2017 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Rabbi Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Presiding:

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

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

David P. Samson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law, Class of 1993

Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Vanita Gupta, President and CEO, The Leadership Conference on Civil and Human Rights; …

Cardozo Law News Brief: April 27, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Lela Love

Campus News:

• Cardozo Law Event "Measures for Justice" Looks at Bringing Greater Transparency to Criminal Justice System

Students News:

• Vanita Gupta, Obama's Deputy Assistant Attorney General for Civil Rights, to Speak at Commencement

Alumni:

• Alumnus Iddo Arad '00 Named One of Hollywood's Top 100 Attorneys

Events:

• Implementing the New DFS Cybersecurity Regulation

Measures For Justice: Bringing More Transparency To The Criminal Justice System, Jacob Burns Center For Ethics In The Practice Of Law

2017 Event Invitations

No abstract provided.

Cardozo Law News Brief: April 20, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Kate Shaw
• Myriam E. Gilles
• Edwin Rekosh

Events:

• Shabbat Dinner at Cardozo Law
• Bringing More Transparency to the Criminal Justice System
• World Intellectual Property Day
• Implementing the New DFS Cybersecurity Regulation

Cardozo Law News Brief: April 13, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Richard Weisberg
• Jocelyn Getgen Kestenbaum

Clinics:

• Cardozo Clinic at the Epicenter of Progress: New York State Becomes First in Nation to Provide Lawyers for All Immigrants Facing Deportation

Events:

• Critical Race Theory Workshop Series
• Confront or Conform? Broadcast Deals with New Media
• Shabbat Dinner at Cardozo Law
• Bringing More Transparency to the Criminal Justice System

Cardozo Law News Brief: April 6, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Jocelyn Getgen Kestenbaum
• Jessica Roth
• Edward Zelinsky
• Michel Rosenfeld
• Michael Wildes

Campus News:

• Cardozo's Public Service Auction a Huge Success
• Federal Judges' Panel at Cardozo Law: Costs and More Costs
• Senator Claire McCaskill Visits Cardozo
• Faculty and Students Talk About Representing Immigrants in Dilley, Texas During Annual Plesent Lecture

Clinics:

• Civil Rights Clinic Students Travel to Angola Prison During Investigation of Solitary Confinement Case

Events:

• How Lives Matter/What Lives Matter
• Bringing More Transparency to the Criminal Justice System

I Am Not Law Enforcement! Why The Special Needs Exception To The Fourth Amendment Should Apply To Caseworkers Investigating Allegations Of Child Abuse, Lauren Kobrick

Cardozo Law Review

The note examines the application of the Fourth Amendment's special needs doctrine in child abuse investigations, advocating for the adoption of a primary purpose test to determine the doctrine's applicability. It critiques the inconsistent approaches across circuits and proposes this test to clarify when warrantless searches and seizures by caseworkers are constitutional, ensuring a balance between child protection and Fourth Amendment protections.

The Role Of Legal Advocates In Transnational Judicial Dialogue: The Abolition Of The Mandatory Death Penalty And The Evolution Of International Law, Andrew Novak

Cardozo Journal of International and Comparative Law

The article examines the role of transnational legal citation and advocacy in shaping constitutional norms, particularly in the context of the death penalty. It argues that lawyers and human rights advocates are driving a global consensus against the mandatory death penalty by strategically citing international and foreign jurisprudence. This process highlights the interplay between domestic and international law, demonstrating how transnational legal discourse can influence law reform and the abolition of practices deemed cruel and degrading.

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

The "Csi Effect": Tv Crime Dramas' Impact On Justice, Michael Johnson

Cardozo Public Law, Policy & Ethics Journal

The note examines the "CSI Effect," a phenomenon where crime dramas like *CSI* influence jurors' expectations, potentially affecting trial outcomes. It explores whether this effect exists, its implications, and proposes solutions to mitigate its impact on the criminal justice system.

Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and public health tensions surrounding childhood vaccination mandates, emphasizing the balance between individual rights and societal interests. It argues that while states have the authority to compel vaccinations under their police powers, the proliferation of nonmedical exemptions, particularly philosophical ones, undermines herd immunity and public health. The analysis advocates for stricter criteria for religious exemptions and educational measures to address vaccine hesitancy, while cautioning against eliminating religious exemptions entirely to avoid public backlash.

When An Educational Process Becomes A Kangaroo Court: University Judicial Proceedings In Cases Of Sexual Assault, Rachel Azarow

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Conviction Integrity Units Revisited, Barry Scheck

Articles

“Conviction Integrity Unit” has become a brand name that has good public relations value for an elected official. But what does it really mean? Is it just a fashion accessory, a flashy but empty appellation intended to convey the idea that the office is extremely serious about correcting wrongful convictions and holding its own members accountable for errors or acts of misconduct, but really is not? Is conviction integrity nothing more than a passing fad, a nebulous slogan without real meaning that is good for propaganda purposes, but will not bring about any serious change in the way business is …

Cardozo Law News Brief: March 30, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Julie Suk

Campus News:

• Panelists Discuss Constitutional Provisions at Cardozo Law
• Purchase Cardozo Law Merchandise Online!

Clinics:

• The NY Times: Lawsuit Filed by Cardozo's Civil Rights Clinic and Professor Betsy Ginsberg, Among Other Organizations, Challenges Solitary Confinement for Death Row Inmates in Louisiana

Students:

• LL.M. Team Wins Top Honors at Moot Competition

Video:

• 25th Annual Public Service Law Auction

Events:

• Talking Politics with Senator Claire McCaskill
• The Challenges Facing Law Students and Practitioners with Disabilities
• 25th Annual Public Service Auction
• Shifting Immigration Policy - The Effects on Families and Children in Detention
• The Constitutional Right of Private Citizens …

Panel Highlights Standards For Fair Trials, Benjamin N. Cardozo School Of Law

Cardozo News 2017

No abstract provided.

Protecting Fair Trials In High Profile Criminal Cases, Jacob Burns Center For Ethics In The Practice Of Law, Aba Criminal Justice Section

2017 Event Invitations

No abstract provided.

Taxstone And The American Justice System’S War Against Hip-Hop, Gow Mosby Jr.

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The well-known podcast personality Daryl Campbell a.k.a. Taxstone was recently arrested on January 16, 2017 on federal charges of Possession of a Firearm by a Convicted Felon and Receipt of a Firearm in Interstate Commerce. The arrest is related to the May 2016 shooting in the green room of a T.I. concert at Irving Plaza. The incident resulted in the rapper Troy Ave being wounded and claimed the life of his body guard Ronald McPhatter. As a follower of Taxstone or Troy Ave may know, both have “beef” with each other.

This post was originally published on the Cardozo Arts …

A Cjr Conversation: Criminal Justice Reform And The New Administration, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2016–2017 Flyers

No abstract provided.

A Conversation On Criminal Justice And Procedures Under The Trump Administration, Cardozo Center For Rights And Justice

2017 Event Invitations

No abstract provided.

Film Screening: Rikers, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2016–2017 Flyers

No abstract provided.

Cardozo School Of Law Prepares Students For Shifting Legal Landscape In Trump Administration's First Days, Benjamin N. Cardozo School Of Law

Cardozo News 2017

No abstract provided.

Court Transparency And The First Amendment, David S. Ardia

Cardozo Law Review

"Publicity is the very soul of justice," legal philosopher Jeremy Bentham once warned.1 Regrettably, lady justice is at risk of losing her soul. In courts across the country, secrecy is increasingly the norm. Indeed, the extent of secrecy in American courts is astonishing, especially given the assumption by many that the First Amendment guarantees a right of public access to the courts. In reality, the United States Supreme Court has explicitly held only that there is a First Amendment right of public access to criminal trials and pre-trial proceedings. The Court has never addressed the question of whether there is …

Responsibly Irresponsible?: An Analysis Of The Medically Noncompliant Offender’S Federal Insanity Defense, Geoffrey Andreu

Cardozo Law Review de•novo

This Note will argue that the federal judiciary should not consider a defendant’s failure to take prescription medication when evaluating that defendant’s insanity defense unless the legislature specifically amends the statute governing the insanity defense.

Zealous And Effective Advocacy: An Assessment Of The Constitutional Right To Counsel Within A Drug Court Proceeding, Sarah Kirschenheiter

Cardozo Law Review de•novo

This Note will proceed in three parts. Part I will explain the drug court model by detailing the key components of drug courts in general and by providing an outline of the three predominant drug court models. Additionally, this Part will provide an overview of the right to counsel in traditional criminal proceedings, including probation revocation hearings. Part II will contemplate why the non-traditional stages of a drug court proceeding may constitutionally require counsel and why the defense attorney’s role within the context of drug court is problematic. Using the standards that govern traditional criminal proceedings, Part III will argue …

The Costs Of Trumped-Up Immigration Enforcement Measures, Kari Hong

Cardozo Law Review de•novo

Currently, our country spends $18 billion each year on immigration enforcement, which is nearly $4 billion more than the combined budgets of the FBI, DEA, Secret Service, and ATF. President Trump hopes to substantially increase that annual number with his proposed heightened enforcement measures that result in more arrests, more ICE officers roaming our streets, airports, and courtrooms, more detentions, more deportations, and more wall. This essay begins by examining each of these measures that were outlined in the new executive orders and concludes that all are expensive, ineffective, unnecessary, and inhumane.

A New Chapter In Natural Resource-Seeking Investment: Using Shared Decisions System Design ("Sdsd") To Strengthen Investor-State And Community Relationships, Mariana Hernandez Crespo Gonstead

Cardozo Journal of Conflict Resolution

The time is here. The Latin American region cannot wait any longer; there is simply too much at stake: too many lives, too much potential, and, ultimately, too much waste. The discourse must change from focusing on Investor-State Dispute Settlement ("ISDS") at the international level to addressing the structural and systemic issues at the local level. This shift will strengthen the investor-State relationship and lead not only to the retention, but also the expansion of the Foreign Direct Investment ("FDI").

The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas

Cardozo Journal of Conflict Resolution

In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.

Can Mediation Deliver Justice?, Sherif Elnegahy

Cardozo Journal of Conflict Resolution

Can mediation deliver justice? This article seeks to answer this controversial question by exploring the idea of justice through a number of perspectives, including the historical, philosophical, and religious perspectives. After reaching an understanding on the idea of justice, the article discusses two main means of delivering justice: formal justice-including an analysis of its strength and limitations-and creative justice. The article proceeds to demonstrate the relationship between mediation and justice and mediation's ability to deliver several justice outcomes, which include procedural justice, distributive justice, and restorative justice. The article concludes by highlighting the possible challenges that can accrue when attempting …