Digital Commons Network^™

Waiving Goodbye To Due Process: The Juvenile Waiver System, Rachel Jacobs

Cardozo Journal of Equal Rights & Social Justice

The juvenile waiver system is flawed as it arbitrarily subjects minors to adult criminal proceedings, disregarding their potential for rehabilitation and violating their due process rights. The system must be reformed to ensure fair, individualized assessments and protect juveniles' rights.

An Unlikely Feminist Icon?: Justice Harry A. Blackmun's Continuing Influence On Reproductive Rights Jurisprudence, Sarah Primrose

Cardozo Journal of Equal Rights & Social Justice

The article examines Justice Harry Blackmun's pivotal role in the landmark *Roe v. Wade* decision, which legalized abortion in the United States and significantly advanced women's reproductive rights. Despite his initial reluctance to take on the case, Blackmun's opinion established a woman's right to privacy under the Fourteenth Amendment, balancing this right against state interests. The decision has had profound and enduring implications for women's autonomy and equality, though it has also faced persistent challenges and critiques, including concerns about its constitutional basis and the arbitrariness of the trimester framework. The article highlights Blackmun's personal background and jurisprudential approach, emphasizing …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Criminalization In Shades Of Color: Prosecuting Pregnant Drugaddicted Women, Carla-Michelle Adams

Cardozo Journal of Equal Rights & Social Justice

The article argues that criminalizing pregnant women for drug use is both unconstitutional and ineffective. It contends that such prosecutions infringe upon fundamental rights, disproportionately affect minority women, and fail to address the root causes of addiction. The author advocates for a public health approach, emphasizing treatment over punishment to protect both the mother and the fetus.

Unlikely Partners: Tort Law As A Tool For Trans Activism, Courtney Sirwatka

Cardozo Journal of Equal Rights & Social Justice

The note argues that tort law reform and trans activism can mutually benefit each other by addressing systemic discrimination and advancing equality for trans individuals. It critiques the legal system for perpetuating discrimination through its emphasis on physical injury over emotional or sexual harm and its refusal to validate trans identities. The analysis proposes that recognizing sexual autonomy and reproduction as protected interests in tort law, along with legal education reforms, could legitimize trans narratives and lead to meaningful change.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Four Reforms For The Twenty-First Century, Barry C. Scheck

Articles

What follows are my top four suggestions for judicial action and advocacy that can result in urgently needed and readily achievable reforms. Ass the American Judicature Society and its members consider their agenda and mission for the coming years, each of these issues deserves their support.

Well-Being Analysis Vs. Cost-Benefit Analysis, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Articles

No abstract provided.

A Power And A Duty: Prosecutorial Discretion And Obligation In United States Sentencing Guideline § 3e1.1(B), Laura Waters

Cardozo Law Review

No abstract provided.

The Cultural Analysis Paradigm: Women And Synagogue Ritual As A Case Study, Roberta Rosenthal Kwall

Cardozo Law Review

This Article develops an original cultural analysis paradigm with significant implications for understanding the relationship between law and culture. It also illustrates how this relationship should inform the normative application of areas of law in which tensions exist between modern sensibilities and traditional practices steeped in cultural perspectives from other times. Indeed, the negotiation between preservation and change confronts all ancient cultural traditions in modernity. The specific application invoked in this Article concerns the issue of women being called to read publicly from the Torah, a subject of serious academic debate among observant Jews. The analysis demonstrates that the virtually …

Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang

Online Publications

The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.

In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

No abstract provided.

2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Campus News, page 3

Working for New Jobs, page 16

Faculty Briefs, page 18

Teaching Law Now, page 23

Alumni News & Advancement, Class Notes, page 34

Practicing Law Now, page 37

Studying Law Now, page 48

The White House … The Supreme Court … Guantanamo Bay, page 70

Looking Back, page 72

The Bush Administration And The Office Of Legal Counsel (Olc) Torture Memos: A Content Analysis Of The Response Of The Academic Legal Community, Arthur H. Garrison

Cardozo Public Law, Policy & Ethics Journal

The article critically examines the Office of Legal Counsel (OLC) torture memos authored by John Yoo and Jay Bybee in 2002, which were intended to justify interrogation techniques such as waterboarding post-9/11. These memos have been widely criticized for undermining human rights and international law, and for compromising the OLC's role in providing impartial legal advice. The memos' perceived advocacy for White House policies rather than objective analysis led to ethical breaches and procedural shortcomings, ultimately resulting in their withdrawal. The article emphasizes the crucial role of ethical standards and independence in legal institutions to prevent such abuses and maintain …

Masthead - Cardozo Public Law, Policy, And Ethics Journal, Vol. 11 (2012-13)

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Due Process And The Post-Padilla Landscape: Balancing The Severity Of Deportation As A Collateral Consequence With A Court's Traditionally Narrow Obligation In Accepting A Plea, Orrie A. Levy

Cardozo Public Law, Policy & Ethics Journal

The article examines the implications of the Supreme Court's decision in Padilla v. Kentucky, which established that defense attorneys must inform defendants of the immigration consequences of a guilty plea under the Sixth Amendment. It explores the tension between the Sixth Amendment right to effective assistance of counsel and the Fifth Amendment due process obligations of trial courts, highlighting that while Padilla mandates attorney advice on immigration consequences, courts are not required to inform defendants of such consequences. The article argues against extending due process obligations to include severe collateral consequences, emphasizing the impracticality of requiring courts to foresee …

Beyond The Core: Incorporating Transnational Crimes Into The Rome Statute, Regina Menachery Paulose

Cardozo Journal of International and Comparative Law

The article argues that the International Criminal Court (ICC) should expand its jurisdiction to include transnational organized crime, such as drug trafficking, counterfeiting, and arms trade, to address the growing global threat posed by these crimes. While the Rome Statute currently excludes such crimes, the ICC’s role as a court of last resort and its independence make it an ideal institution to prosecute transnational organized crime, fostering international cooperation and enhancing deterrence. The article advocates for a unified definition of transnational organized crime and the inclusion of select crimes from the United Nations Convention against Transnational Organized Crime (CATOC) and …

Neuroscience, Ptsd, And Sentencing Mitigation, Betsy J. Grey

Cardozo Law Review

No abstract provided.

Guilty Until Proven Innocent: Providing Effective Relief To The Actually Innocent In New York, Steven M. Cytryn

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Online Sexual Solicitation Of Minors: An Analysis Of The Average Predator, His Victims, What Is Being Done And Can Be Done To Decrease Occurrences Of Victimization, Elana T. Jacobs

Cardozo Public Law, Policy & Ethics Journal

The Internet, while a transformative tool for society, has become a breeding ground for online sexual solicitation of minors, with predators exploiting its anonymity to target vulnerable adolescents, particularly females aged 13 to 17. Despite efforts by government programs like the Internet Crimes Against Children Task Force and independent organizations, the lack of uniform sentencing guidelines and inconsistent data collection undermine deterrence and prevention. The note advocates for stricter sentencing, enhanced awareness campaigns, and improved data collection to combat this growing issue effectively.

Surveillance And Privacy At The London 2012 Olympics, Wells Crandall, Alexander A. Reinert, Michael Drury, Pete Fussey

Cardozo Journal of International and Comparative Law

Transcript of 20th Anniversary Symposiuim

2012 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, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

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

Welcome:

Leslie E. Payson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991

Remarks:

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

Commencement Address:

Jonathan Lippman, Chief Judge of the New York Court of Appeals

Presentation of …

Blacklisted: The Constitutionality Of The Federal System For Publishing Reports Of "Bad" Doctors In The National Practitioner Data Bank, Katharine A. Van Tassel

Cardozo Law Review

No abstract provided.

"By Some Other Means": Considering The Executive's Role In Fostering Subnational Human Rights Compliance, Risa E. Kaufman

Cardozo Law Review

The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States's human rights treaty commitments, with the federal government retaining ultimate responsibility. While the federal government's responsibility is clear, its options for fostering and facilitating subnational compliance have not been fully explicated. The United States's human rights treaty ratification practices and recent Supreme Court jurisprudence primarily constrain the executive's ability to compel state and local compliance without congressional authorization. In the absence of such congressional action, the …

Proportionality And Parole, Richard A. Bierschbach

Articles

Commentators analyzing the Supreme Court's watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles convicted of nonhomicide crimes, have generally done so in substantive proportionality terms, ignoring or downplaying parole in the process. This Article challenges that approach, focusing on the intersection of proportionality and parole as a jumping-off point. Taking parole seriously makes clear that Graham is difficult to understand solely in terms of substantive proportionality concepts like individual culpability and punishment severity. Instead, the decision can be seen as establishing a rule of constitutional criminal procedure, one that links the validity of …

Proportionality And Parole, Richard A. Bierschbach

Articles

Commentators analyzing the Supreme Court's watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles convicted of nonhomicide crimes, have generally done so in substantive proportionality terms, ignoring or downplaying parole in the process. This Article challenges that approach, focusing on the intersection of proportionality and parole as a jumping-off point. Taking parole seriously makes clear that Graham is difficult to understand solely in terms of substantive proportionality concepts like individual culpability and punishment severity. Instead, the decision can be seen as establishing a rule of constitutional criminal procedure, one that links the validity of …

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Cardozo Law Review

No abstract provided.

The Child Pornography Crusade And Its Net-Widening Effect, Melissa Hamilton

Cardozo Law Review

No abstract provided.

S-Comm: Shattering Communities, Hannah Weinstein

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Secure Communities program, initiated by the Department of Homeland Security (DHS) in 2008, operates unlawfully under the Administrative Procedure Act (APA) and raises significant constitutional concerns. By bypassing notice-and-comment requirements and failing to address public concerns, the program has led to racial profiling, pretextual arrests, and widespread detention of noncriminal individuals, undermining its stated goals and eroding community trust in law enforcement. The analysis calls for immediate cessation of the program and congressional funding due to its legal violations and harmful consequences.