Digital Commons Network^™

Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton

Cardozo Law Review

Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …

Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank

Cardozo Law Review

No abstract provided.

2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 2

Questions for Prof. Max Minzner, page 16

Faculty Briefs, page 18

An Interview with Stanley Fish, page 22

Same-Sex Marriage in the US, page 28

Standing Up to the Vatican, page 32

A Summer of Public Service, page 36

Intellectual Property: Fast Forward, page 42

Alumni News & Notes, page 49

Cardozo Advancement, page 57

Endnote, page 60

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

2011 Cardozo Life (Issue 2), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

The Innocence Project at 20, page 4

Are You a Gladiator or a Peacemaker?, page 8

Top News & Events, Class Notes, page 12

News from Programs, Centers & Journals, page 16

Faculty Briefs, page 23

And… Action! The Indie Film Clinic’s First Scene, page 26

Immigration Justice: From Both Sides, page 28

Filling the Justice Gap, page 30

Alumni News & Advancement, page 34

Endnote, page 42

Looking Back, page 44

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Panel 1: Helping Victims Of Child Sex Abuse: Statutes Oflimitations Reform, Jeffrey Dion, Robert Hettleman, Karen Peterson, Asher Lipner, Mike Armstrong, Marci Hamilton

Cardozo Journal of Equal Rights & Social Justice

Symposium: Crimes Against Children (February 15, 2011)

Mediation: A Revolutionary Process That Is Replacing The American Judicial System, Richard M. Calkins

Cardozo Journal of Conflict Resolution

It has been said that the American judicial system is the finest yet devised by mankind. It seeks the truth in all instances and to do justice to all who enter its hallowed halls. Indeed, Americans not only have the right of access to civil courts but also to be judged by their peers in all federal courts and in most state courts. So fundamental is the right to trial by jury that it is enshrined in the Bill of Rights to the United States Constitution. The Seventh Amendment assures that all persons being heard in federal courts have the …

Can The Leopard Change His Spots?! Reflections On The 'Collaborative Law' Revolution And Collaborative Advocacy, Dafna Lavi

Cardozo Journal of Conflict Resolution

Much has been written about the social contribution of the ADR movement, and the many and diverse ways to implement it. This article focuses on collaborative law, one of the newer methods adopted by this movement, and observes that the full impact and implications of this movement have not yet been explored. One of the compelling implications discussed in this article is the collaborative law revolution.

This article presents both the observable and latent aspects of this revolution. According to this article, the main contribution of the revolution is in signaling a change in the design and conceptualization of the …

Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López

Cardozo Law Review

No abstract provided.

Is Ze An American Or A Foreigner? Male Or Female? Ze's Trapped!, Annette De La Torre

Cardozo Journal of Equal Rights & Social Justice

The note argues that the legal and medical frameworks governing the treatment of transgender and transsexual immigrant detainees in U.S. Immigration and Customs Enforcement (ICE) facilities are inadequate, leading to violations of their Eighth Amendment rights. It contends that the legal system's reliance on narrow medical definitions and outdated gender roles fails to protect these detainees from unsafe and inhumane conditions. The analysis emphasizes the need for comprehensive reforms to address housing, medical care, and staff training to ensure dignity and safety for transgender detainees.

Sending The Principal To The Warden's Office: Holding School Officials Criminally Liable For Failing To Report Cyberbullying, Scott Farbish

Cardozo Journal of Equal Rights & Social Justice

The note argues that current state anti-cyberbullying statutes are insufficient to protect students and that holding school officials criminally liable for failing to address cyberbullying incidents would be a more effective deterrent. It contends that while legislatures have made progress in addressing cyberbullying, the lack of clear definitions and comprehensive measures leaves victims without adequate remedies. The note proposes that criminal liability for school officials would incentivize proactive measures to prevent cyberbullying, particularly in cases where off-campus incidents disrupt the school environment.

Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Black Poor, Black Elites, And America's Prisons, James Forman Jr.

Cardozo Law Review

No abstract provided.

Mondrowitz V. State Of Israel, Ayala Procaccia, Miriam Naor, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

An appeal against the decision by the Jerusalem District Court whereby the State’s request to declare the appellant eligible for extradition to the United States, and this in order that he be criminally prosecuted for serious sex offenses against minors which he allegedly committed in the 1980s, must be granted. Until 1984, when he moved to Israel, the appellant was a resident and citizen …

Remodeling The Classified Information Procedures Act (Cipa), Afsheen John Radsan

Cardozo Law Review

No abstract provided.

Balancing Liberty, Dignity, And Safety: The Impact Of Domestic Violence Lethality Screening, Margaret E. Johnson

Cardozo Law Review

This Article undertakes the first ever analysis of the consequences of the justice and legal system's extensive use of lethality assessment tools for women subjected to abuse. An increasing number of states are now requiring their police, prosecutors, civil attorneys, advocates, service providers, and court personnel to assess women in order to obtain a score that indicates the woman's lethality risk because of domestic violence. The mandated danger assessment screen of all women subjected to violence focuses only on the risk of homicide and thereby limits the definition of what is domestic violence. In addition, the accompanying protocol for the …

Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis

Cardozo Law Review

No abstract provided.

I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Department Of Justice Discovery Abuse In Criminal Cases, Christopher R. Smith

Cardozo Public Law, Policy & Ethics Journal

The article argues that congressional oversight of DOJ discovery abuse is necessary to address systemic issues in prosecutorial misconduct and ensure justice. It contends that such oversight aligns with legislative goals, checks executive overreach, and avoids conflicts of interest inherent in other oversight mechanisms. While acknowledging potential separation of powers concerns and executive privilege claims, the analysis emphasizes that these should not preclude Congress from fulfilling its constitutional role in monitoring DOJ practices.

Receiverships In The Prison Litigation Context: Factors Necessary For An Effective Judicial Remedy Of Last Resort, Liat Weingart

Cardozo Public Law, Policy & Ethics Journal

This note examines the effectiveness of judicial receiverships as a last-resort remedy in institutional reform litigation, particularly in the context of prison systems. It argues that the success of receiverships depends on the court's ability to supervise effectively and ensure the receiver's independence from political influence. The analysis highlights that appointing executive agents as receivers often leads to conflicts of interest, undermining the remedy's effectiveness, and emphasizes the need for robust supervisory structures, such as Special Masters, to ensure accountability and alignment with court objectives.

Rethinking Children As Property: The Transitive Family, Kevin Noble Maillard

Cardozo Law Review

Despite the collective view in law and social practice that it is intrinsically taboo to consider human beings as chattel, the law persists in treating children as property. Applying principles of property, this Article examines paternity disputes to explain and critique the law's view of children as property of their parents. As evidenced in these conflicts, the Article demonstrates that legal paternity exposes a rhetoric of ownership, possession, and exchange. The law presumes that a child born to a married woman is fathered by her husband, even when irrefutable proof exists that another man fathered the child. Attempts by non-marital …

Mandatory Minimalism, Erik Luna, Paul G. Cassell

Cardozo Law Review

No abstract provided.

2010 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, Co-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:

The Honorable Cyrus R. Vance, Jr., New York County District Attorney

Alumni Greetings: …

Voices From The Field: An Inter-Professional Approach To Managing Critical Information

Cardozo Law Review

No abstract provided.

Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green

Cardozo Law Review

Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …

Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow

Cardozo Law Review

No abstract provided.

Foreword: New Perspectives On Brady And Other Disclosure Obligations: What Really Works?, Ellen Yaroshefsky

Cardozo Law Review

No abstract provided.

Emotionally Charged: The Prosecutorial Charging Decision And The Innocence Revolution, Daniel S. Medwed

Cardozo Law Review

No abstract provided.

New Perspectives On Brady And Other Disclosure Obligations: Report Of The Working Groups On Best Practices

Cardozo Law Review

No abstract provided.

Talking About Prosecutors, Alafair S. Burke

Cardozo Law Review

No abstract provided.