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2014 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Clinics News, page 14

Faculty Briefs, page 15

A Conversation with the New Vice Dean, page 20

Game On, page 22

Life in the Box, page 38

Richard Weisberg, page 44

Conviction, page 50

Global Lawyering, page 56

Student Briefs, page 60

Alumni News & Class Notes, page 64

Advancement News, page 74

In Memoriam, page 79

End Note, page 80

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …

Prosecuting A Festival: Holding Electric Dance Music Festivals Liable For Drug-Related Deaths Occurring Therein, Rebecca Lomazow

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Death By Daubert: The Continued Attack On Private Antitrust, Christine P. Bartholomew

Cardozo Law Review

In 2011, with five words of dicta, the Supreme Court opened Pandora's Box for private antitrust enforcement. By suggesting trial courts must evaluate the admissibility of expert testimony at class certification, the Court placed a significant obstacle in the path of antitrust class actions. Following the Supreme Court's lead, most courts now permit parties to bring expert challenges far earlier than the traditional summary judgment or pre-trial timing. Premature rejection of expert testimony dooms budding private antitrust suits - cases that play an essential role in modern antitrust enforcement. The dangers for private antitrust plaintiffs are compounded by the Court's …

The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf

Cardozo Law Review

Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …

Mcsentencing: Mass Federal Sentencing And The Law Of Unintended Consequences, Melissa Hamilton

Cardozo Law Review

No abstract provided.

If Hard Drugs Were Legalized, Would More People Use Them?, David Borden

Cardozo Public Law, Policy & Ethics Journal

The article argues that criminal prohibition of drugs, including heroin, cocaine, and marijuana, causes significant harms such as public health crises, violent criminal activity, and civil liberties violations. It challenges predictions that legalization would lead to greatly increased drug use or harm, citing evidence that other factors, such as availability and social stigma, play a larger role in drug use decisions. The author advocates for ending prohibition and replacing it with regulation and public health programs tailored to each drug, emphasizing that legalization could reduce both individual and societal harm.

Ethics, Advocacy, And The Child Client, Suparna Malempati

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing children in abuse and neglect proceedings should act as traditional advocates, respecting the child's autonomy and adhering to ethical standards, rather than adopting a paternalistic role akin to a guardian ad litem. This approach ensures that children's voices are heard and their legal rights are protected.

The Mandatory Death Penalty In Ghana: A Comparative Constitutional Perspective On Dexter Johnson V. Republic, Andrew Novak

Cardozo Public Law, Policy & Ethics Journal

The article examines the Supreme Court of Ghana's decision to uphold the mandatory death penalty, contrasting it with the global trend towards abolition. It highlights the tension between the court's textual interpretation of the constitution and international human rights pressures, emphasizing the need for legislative reform to align with human rights standards.

Mandatory Life Without Parole Sentences For The Intellectually Disabled: A Violation Of The Eighth Amendment, Nick Bonham

Cardozo Public Law, Policy & Ethics Journal

The note argues that mandatory life without parole (LWOP) sentences for intellectually disabled individuals violate the Eighth Amendment's prohibition against cruel and unusual punishment. It contends that such sentences fail to account for the diminished culpability and rehabilitative potential of the intellectually disabled, rendering them disproportionate and unconstitutional. The analysis builds on precedents like Atkins v. Virginia, Graham v. Florida, and Miller v. Alabama, which established protections for groups with reduced moral responsibility. The note advocates for individualized sentencing to align with evolving standards of decency and constitutional safeguards.

I Thought He Had A Gun: Amending New York's Justification Statute To Prevent Police Officers From Mistakenly Shooting Unarmed Black Men, Toussaint Cummings

Cardozo Public Law, Policy & Ethics Journal

The note advocates for reforming the legal standards governing police use of deadly force, particularly in cases involving unarmed Black men. It argues that racial stereotypes and implicit biases significantly influence officers' decisions to shoot, leading to unjustified shootings. The author proposes eliminating the subjective component of the justification defense, focusing instead on objective reasonableness and incorporating social science research to address these biases. The reforms aim to hold police accountable and promote justice by valuing Black lives equally.

Cultural Pluralism In Criminal Defense: An Inner Conflict Of The Liberal Paradigm, Sam Beyea

Cardozo Public Law, Policy & Ethics Journal

The note critically examines the cultural defense in American jurisprudence, highlighting its controversial role in criminal cases. While proponents argue that it promotes individualized justice in a diverse society, critics contend that it undermines legal equality, perpetuates stereotypes, and erodes the moral and deterrent functions of criminal law. The analysis explores the tension between cultural plurality and the universal application of legal principles, ultimately advocating for a more constrained approach to the use of cultural evidence in criminal proceedings.

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi

Cardozo Law Review

No abstract provided.

A Theory Of Local Common Law, Annie Decker

Cardozo Law Review

No abstract provided.

2014 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President and Bravmann Family University Professor, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

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

Welcome:

Robert L. Perkal, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1981

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Preet Bharara, United States Attorney for the Southern District …

Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 35, Issue 3

Cardozo Law Review

No abstract provided.

In Search Of Meaningful Systemic Justice For Adolescents In New York, Jonathan Lippman

Cardozo Law Review

No abstract provided.

An Uncertain Privilege: Reexamining Garner V. Wolfinbarger And Its Effect On Attorney-Client Privilege, Benjamin Cooper

Cardozo Law Review

No abstract provided.

Contempt, Status, And The Criminalization Of Non-Conforming Girls, Cynthia Godsoe

Cardozo Law Review

No abstract provided.

Youth In The Adult Criminal Justice System, Liz Ryan

Cardozo Law Review

No abstract provided.

Reimagining The Role Of Defense Counsel For Adolescents In The Adult Criminal Court System: Bringing The Community And Policymakers Into The Process To Achieve The Goals Of Gideon, Nancy Ginsburg

Cardozo Law Review

No abstract provided.

Bringing The Best Of Both Worlds: Recommendations For Criminal Justice Reform For Older Adolescents, Lisa Schreibersdorf

Cardozo Law Review

No abstract provided.

Panel 1: Growing Up In Solitary: The Effects Ofextreme Isolation On Youth In New York's Prison, Dilcio Acosta, Brian Fischer, Scott Paltrowitz, Alisha Williams, Jennifer J. Parish

Cardozo Journal of Equal Rights & Social Justice

Symposium: Life in the Box: Youth in Solitary Confinement

Asbestos Lawsuits In Russia: Bring One If You Can, Anna Linetskaya

Cardozo Journal of International and Comparative Law

The note examines the challenges faced by asbestos victims in Russia in seeking legal redress, highlighting the barriers posed by the country's legal system, lack of regulatory oversight, and the dominance of the asbestos industry. It argues that despite the existence of tort law as a potential avenue for relief, numerous structural and procedural obstacles deter victims from pursuing claims, underscoring the need for legal reforms to improve access to justice.

Back To Basics: Special Domestic Violence Jurisdiction In The Violence Against Women Reactivation Act Of 2013 And The Expansion Of Inherent Tribal Sovereignty, Laura C. Sayler

Cardozo Law Review de•novo

Part I of this Note outlines the VAWA Reactivation Act of 2013, as well as the case law that it seeks partially to abrogate. Part II.A examines the delegation and inherent sovereignty theories more closely, and argues that inherent tribal sovereignty is the superior mechanism for validating the Act. Parts II.B, II.C, and II.D review the basic textual authority that should form the foundation of the Court’s analysis, and conclude that this authority supports recognition of inherent tribal sovereignty. Part III addresses counter arguments to this approach, and argues that, in upholding sections 904 and 905, the Court need not …

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Prisoner Facilitated Mediation: Bringing Peace To Prisons And Communities, Laurel Kaufer, Douglas E. Noll, Jessica Mayer

Cardozo Journal of Conflict Resolution

Prisons are too often places of conflict, violence, and fear. After spending years in such an environment Susan Russo and a group of like-minded inmates decided that they needed to take action. In 2007, Ms. Russo began sending over fifty handwritten letters to mediators throughout California, asking for assistance in setting up a conflict resolution program at the prison where she resided. Eventually, in 2009, one of her letters reached Laurel Kaufer, who, with her colleague Doug Noll, responded to Ms. Russo's request. Through their collaboration Prison of Peace ("POP") was born. POP employs an innovative method of prison conflict …

(I Can't Get No) Satisfaction: Using Restorative Justice To Satisfy Victims' Rights, Jessica M. Marshall

Cardozo Journal of Conflict Resolution

The responsibility of sentencing defendants is the most difficult task within the criminal justice system. As the Honorable Jed S. Rakoff noted above, a sentencing judge is faced with the role of taking a guilty defendant and determining what punishment her crime warrants. Incarceration? Probation? Time served? Each judge evaluates the specific offense's characteristics, such as the number of victims, amount of loss, and violence of the offense, against the specific offender's characteristics, such as family history, age, and military service. As part of this evaluation, the defendant, the Government, the Probation Office in the form of a Presentence Report, …

Steubenville And Beyond: The Constitutional Case For Comprehensive Sex Education, Kelly E. Mannion

Cardozo Journal of Equal Rights & Social Justice

The article argues that states are constitutionally required to provide comprehensive sex education to minors, as it is essential for their ability to exercise their constitutional rights to privacy, liberty, and autonomy. The denial of adequate sex education constitutes an undue burden on these rights and fails to meet legal standards for rationality and pedagogical interest. The right to receive information under the First Amendment, combined with the liberty right in sexual and reproductive choice under the Fourteenth Amendment, compels recognition of a state duty to provide such education.