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2007 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 28

An Interview with Monroe Price, page 36

Cardozo Turns Thirty Sporting a Top-to-Bottom Renovation, page 40

Judge Greenway Asks 2006 Graduates to Make Promises, page 44

Cardozo Student Volunteers Blog from New Orleans & Biloxi, page 46

Building a Real Estate Career, page 50

Alumni News, page 60

2007 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Michael E. Herz, Vice Dean, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, 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 …

Introduction, Kyron Huigens

Cardozo Law Review

No abstract provided.

Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero

Cardozo Law Review

No abstract provided.

The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger

Cardozo Law Review

No abstract provided.

The Nature And Rationale Of Punishment, Albin Eser

Cardozo Law Review

No abstract provided.

Criminal Responsibility And The Disappearing Person, Stephen J. Morse

Cardozo Law Review

No abstract provided.

The Jurisprudence Of Punishment, Kyron J. Huigens

Articles

No abstract provided.

Reforming Punishment Of Financial Reporting Fraud, Samuel W. Buell

Cardozo Law Review

No abstract provided.

Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix

Cardozo Law Review

No abstract provided.

The Distribution Of Fraud Enforcement, Darryl K. Brown

Cardozo Law Review

No abstract provided.

Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein

Cardozo Journal of Conflict Resolution

In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.

Restorative Justice In Post-Disaster Situations: Untapped Potential, Maria R. Volpe

Cardozo Journal of Conflict Resolution

Post-disaster situations can provide a wide range of opportunities for restorative justice. Depending on the nature of the disaster, man-made or natural, the potential of using restorative justice practices to assist in rescue, recovery, and rebuilding efforts can be significant. The challenges, however, can be even more significant.

My interest in examining restorative justice efforts in post-disaster situations grew out of my earlier research on dispute resolution responses to 9/11. In the aftermath of the 9/11 terrorist attacks, countless questions arose about the role and relevance of dispute resolvers. 9/11 also triggered a wide range of hate crimes, which seemed …

Exploring The Limits Of The Restorative Justice Paradigm: Restorative Justice And White-Collar Crime, Zvi D. Gabbay

Cardozo Journal of Conflict Resolution

Part I of this article introduces the restorative justice paradigm. It defines restorative justice and its basic values and principles and presents two theories which illustrate the goals of restorative interventions and the basic requirements for their commencement. Part II introduces white-collar crime and focuses on high-profile white-collar crime committed by corporate executives. This part discusses the centrality of white-collar crime within the criminal justice system and society in general and reviews the latest developments in legislation and sentencing policies on white-collar crime. Part III argues that the restorative justice paradigm should be applied to high-profile white-collar crime as a …

2007-2009 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

It's All About the People, p. 5

Imagine Yourself at Cardozo, p. 10

How Do You Learn the Law at Cardozo?, p. 12

The First-Year Program, p. 13

The Upper-Level Program, p. 16

Becoming a Professional: The Practical Part of the Curriculum, p. 28

Clinics, p. 30

Externships/Internships, p. 33

Publications and Moot Court Honor Society, p. 37

Student Life/Real Time, p. 42

New York City, p. 46

Faculty, p. 53

Alumni Network: Among Cardozo's Strongest Assets, p. 75

Career Services and You: Partnership for Success, p. 77

Center for Public Service Law Helps You Help Others, p. 81 …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges and prospects of legal reform aimed at addressing domestic violence against women in Nigeria. It highlights the inadequacy of current laws, the cultural and societal barriers that discourage victims from seeking redress, and the need for comprehensive legal and systemic changes to protect women's rights. The analysis emphasizes the importance of addressing economic, cultural, and educational disparities to create a more just and equitable legal framework.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Working Towards Restorative Justice In Ethiopia: Integrating Traditional Conflict Resolution Systems With The Formal Legal System, Julie Macfarlane

Cardozo Journal of Conflict Resolution

This paper considers how the multiple realities of dispute resolution in any environment affect the work of conflict resolution practitioners. Conflict resolution practitioners are almost always invited in by representatives of the formal legal system, and their work generally focuses on managing - and perhaps reforming - this system. In practice, they cannot ignore the existence of parallel informal systems of conflict resolution that may undermine or distract from the formal state system. These may include structured alternatives to law, such as religious tribunals or community mediation programs. There may be other, more informal but equally significant family or community-based …

Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities And Pitfalls, Mark S. Umbreit, Betty Vos, Robert B. Coates, Elizabeth Lightfoot

Cardozo Journal of Conflict Resolution

This article provides an overview of the restorative justice movement in the twenty-first century. In Section II we offer a summary of the movement's distinguishing characteristics, its history and development, and what it looks like in practice. Section III is focused on restorative justice dialogue, the most widely practiced and extensively researched modality of the restorative justice movement. We present a review of current restorative justice dialogue research and an examination of public policy support for such dialogue across the United States. In Section IV we turn to continuing issues, including pitfalls, opportunities, and questions for the future.

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske

Cardozo Journal of Conflict Resolution

Thank you for the opportunity to speak to you today. I want to begin by telling you how I got into the restorative justice field. I served as a judge for almost twenty years, and nine of those years were in criminal court. My last assignment before going to the Wisconsin Supreme Court was to preside full-time over sexual assault and homicide cases. During the time I spent as a trial court judge, I regularly taught classes at prisons in Wisconsin. About ten years ago, I became involved in a restorative justice program in the Green Bay Correctional Institution, a …

Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis

Cardozo Journal of Conflict Resolution

This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …

Restorative Justice And The Pre-Conditions For Grace: Taking Victim's Needs Seriously, Ellen Waldman

Cardozo Journal of Conflict Resolution

This essay surveys the question of victim need from a different vantage point. It takes as its starting point the voices of actual victims as recorded by researchers in the field. It reports on three studies and the linkage they uncover between victim distress and attitudes toward justice and reconciliation. What they reveal belies a simple notion of victim need and suggests that restorativists should move warily as they seek to reshape the criminal justice system into more harmony-producing forms. Victim-offender encounters, truth-telling, and moves toward apology and reconciliation are appealing in the abstract; but data suggests that victims whose …

Innocence, Race, And The Death Penalty, Barry Scheck

Articles

The article argues that the death penalty in the United States is deeply flawed due to systemic issues such as wrongful convictions, racial disparities, and procedural failures. It emphasizes the critical role of DNA exonerations in revealing these injustices and advocates for reforms to address the root causes of wrongful convictions, including inadequate legal representation and flawed forensic science. The article also highlights the moral and financial costs of capital punishment, urging its abolition.

Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant, Emily C. Lieberman

Cardozo Public Law, Policy & Ethics Journal

The note argues that the current legal framework for forcibly medicating mentally ill criminal defendants, particularly pre-trial detainees, often violates their constitutional rights. It contends that the reliance on "dangerousness" as a criterion for forced medication is too vague and easily abused, leading to inconsistent and unconstitutional applications. The analysis advocates for stricter standards, clearer definitions of dangerousness, and heightened judicial scrutiny to protect the rights of mentally ill defendants.

Healing A Fractured Community: The Use Of Community Sentencing Circles In Response To Hate Crimes, Brian Sapir

Cardozo Journal of Conflict Resolution

As with any social construct, the American criminal justice system is a constantly adapting and evolving mechanism that is influenced by politics, current events, and societal "hot-button" topics. Over the last century legal professionals, academics, and crime victims have voiced their dissatisfaction with certain aspects of traditional criminal justice systems. The failure of severe punishments to deter crime, the increasing occurrence of repeat offenders, and the growing costs of incarceration were all issues some saw as weaknesses in the criminal justice system. Moreover, at the heart of many people's dissatisfaction with the system was the seemingly complete exclusion of the …

Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell

Cardozo Journal of Conflict Resolution

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Milstein V. Chief Military Prosecutor, Edna Arbel, Aharon Barak, Edmond E. Levy

Translated Opinions

Facts: The appellant was convicted of the offence of using dangerous drugs while he was serving in the IDF. During his interrogation by the police, he confessed to using the drugs, but in his trial he pleaded not guilty and exercised his right to remain silent and not to testify in his own defence.

Following the case law of the Supreme Court, a defendant cannot be convicted solely on the basis of a confession, even when it is freely and willingly given. ‘Something extra’ is required in order to convict him. The District Court Martial and the Appeals Court Martial …