Digital Commons Network^™

The Use Of Litigation Screenings In Mass Torts: A Formula For Fraud?, Lester Brickman

Articles

The article critically examines the pervasive abuse of litigation screenings in mass tort cases, revealing a system driven by financial exploitation where medical evaluations are manipulated to generate lawsuits. These screenings, often designed to produce false positives, undermine the integrity of the legal system by creating a flood of specious claims. The analysis highlights how lawyers, doctors, and screening companies exploit legal loopholes and financial incentives, leading to billions of dollars in settlements and eroding public trust in the civil justice system.

The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Raising The Bars: A Comparative Look At Treatment Standards For Mentally Ill Prisoners In The United States, United Kingdom, And Australia, Kim P. Turner

Cardozo Journal of International and Comparative Law

The note examines the treatment of mentally ill prisoners in the United States, the United Kingdom, and Australia, highlighting the disparity in mental health care within their prison systems. It argues that while the U.K. and Australia have integrated international human rights standards into their policies, the U.S. lags behind, relying on an outdated Eighth Amendment framework that fails to meet contemporary human rights expectations. The author advocates for the U.S. to reevaluate its approach, aligning it with international standards to ensure adequate mental health care for prisoners.

Are We Fighting The Right War?, Alyssa Greenspan

Cardozo Journal of International and Comparative Law

No abstract provided.

2008 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:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Hon. Dennis Jacobs, Chief Judge, US Court …

The Simpsons, 24, And The Law: How Homer Simpson And Jack Bauer Influence Congressional Lawmaking And Judicial Reasoning, Steven Keslowitz

Cardozo Law Review

No abstract provided.

Rethinking Child Advocacy After Roper V. Simmons: "Kids Are Just Different" And "Kids Are Like Adults" Advocacy Strategies, Elisa Poncz

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between two competing arguments in juvenile law: "kids are just different" and "kids are like adults." It critiques the binary approach often used in child advocacy and proposes a more nuanced, patchwork strategy that combines both perspectives to better serve the diverse needs of juveniles. The analysis focuses on key legal contexts, including the death penalty, life without parole, and minors' rights in medical decision-making, education, and internet access. The author argues that a balanced approach is essential to address the complexities of juvenile rights and responsibilities.

Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald

Cardozo Journal of International and Comparative Law

The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb

Cardozo Law Review

No abstract provided.

Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross

Cardozo Journal of Conflict Resolution

It is not unusual for a disaster or crisis to give rise to increasing tensions, interpersonal disputes and general conflict; however, even after an unexpected disaster of the magnitude of the 9/11 attacks, mobilizing conflict resolution services was not a priority for conflict professionals. In the wake of 9/11, mediators, arbitrators and other conflict resolvers were primarily concerned, like their fellow citizens, with their own safety and the safety of their families. When the fear of harm from additional attacks eventually subsided, many who had not been directly affected turned their attention to assisting those less fortunate who had lost …

Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield

Cardozo Journal of Equal Rights & Social Justice

The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Taking Stock: Adr Responses In Post-Disaster Situations, Maria R. Volpe

Cardozo Journal of Conflict Resolution

As the use of innovative dispute resolution processes becomes more widespread and diverse, it is understandable and perhaps even inevitable that dispute resolvers will continue to explore ways to apply their knowledge, skills, and expertise in new and challenging settings. One of the contexts that dispute resolvers have paid increasing attention to since September 11th has been post-disaster situations. Despite this observation, however, dispute resolution experts continue to struggle with how to respond. While many professions, particularly those which provide emergency or essential rescue, evacuation, recovery, relocation, repair, rebuilding, and survival-related services have readily identified roles in post disaster situations, …

2008 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 20

An Interview with Max Frankel, page 26

Going Global: Legal Lessons on Location, page 31

With J.D.s in Hand Alumni Pursue Something Different, page 38

Alumni News, page 48

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 14, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Mischief And Mayhem: A Symposium On Legal Issues Affecting Youth In The Child Welfare And Juvenile Justice Systems

Cardozo Journal of Equal Rights & Social Justice

February 21, 2008 at the Benjamin N. Cardozo School of Law

A Systemic Perspective Of Adr In Latin America: Enhancing The Shadow Of The Law Through Citizen Participation, Mariana Hernández Crespo

Cardozo Journal of Conflict Resolution

Part I of this article addresses the issue of a pale shadow of the law in Latin America. Part II reviews the disjointed legal reform efforts in Latin America, and suggests that a systemic perspective could effectively link and strengthen judicial reform efforts and the promotion of ADR. Part III describes the three elements of a systemic reform framework for the enhancement of the shadow of the law in Latin America: sustainable domestic laws, a functional enforcement mechanism, and supportive social norms. This article concludes that enhancing the shadow of the law through citizen participation is essential to optimize dispute …

Criminal Manifestos And The Media, Arlen Pyenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum

Cardozo Journal of Equal Rights & Social Justice

The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson

Cardozo Law Review

No abstract provided.

It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger

Cardozo Law Review

No abstract provided.

Regulating "Rent-A-Cops" Post-9/11: Why The Private Security Officer Employment Authorization Act Fails To Address Homeland Security Concerns, Ian Patrick Mcginley

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Private Security Officer Employment Authorization Act (PSOEAA) for its limited scope in addressing homeland security concerns related to private security officers. While the Act introduces a background check system, it fails to adequately address terrorist infiltration, training, and cooperation with public law enforcement. The analysis argues that federal regulation, led by the Department of Homeland Security (DHS), is necessary to enhance the private security industry's role in homeland security. A grant-based regulatory scheme is proposed to incentivize training, cooperation, and improved screening processes for private security officers, particularly those guarding critical infrastructure.

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

Can The Iraqi Special Tribunal Further Reconciliation In Iraq?, Anna Triponel

Cardozo Journal of International and Comparative Law

This article aims to answer the question of whether the Iraqi Special Tribunal has the potential to reconcile the Iraqi community with its past, and if so, whether this potential has been fulfilled.

The first section looks at lessons learned from previous international criminal tribunals to assess their potential to reconcile a community with its past. In theory, international criminal law has the opportunity to impact diverse goals crucial for the reconciliation process, namely installing a sense of justice in victims, playing a deterrent effect on wrongdoers, providing a statement of the facts, acknowledging officially what happened, and providing an …

The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan

Cardozo Public Law, Policy & Ethics Journal

The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.

Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein

Articles

This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …