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Testing The Boundaries Of Torture: Forced Circumcision As A Crime Against Humanity, Marina Coriale

Cardozo International & Comparative Law Review (CICLR) Blog

Female genital mutilation (FGM) has history that extends across countless cultures and regions, impacting women and girls around the world still searching for redress and reparations. Knowing this, the international community should understand the necessity of providing a space for FGM survivors in the International Criminal Court (ICC).

This post was originally published on the Cardozo International & Comparative Law Review on December 4, 2023. The original post can be accessed via the Archived Link button above.

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

Perlmutter Center For Legal Justice Wins Clemency Appeal For Its First Client, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Just two days after his release from decades in prison, Bruce Bryan visited Cardozo students to thank them for their efforts in aiding his clemency case.

Civil Rights Clinic Wins Historic Louisiana Case Ending Solitary Confinement Of Individuals Awaiting Death Sentences, Betsy Ginsberg, Cardozo Civil Rights Clinic

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Should an incarcerated person who has been sentenced to death be required to live out the rest of his or her life in solitary confinement? Not according to the Cardozo Civil Rights Clinic, which recently won a historic settlement changing policy in Louisiana prisons.

Clemency: A Tool For Extreme And Discriminatory Sentences, Benjamin N. Cardozo School Of Law

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

For Joaquin Winfield, April 7, 2023, will forever be a day to remember. That is when he was granted clemency by New York Gov. Kathy Hochul after serving 26 years in prison for possession of 4.6 ounces of crack. The disparity in sentences given to people from different races for similar crimes has been widely written about in recent years. Winfield was sentenced under the now-repealed Rockefeller Drug Laws of the 1970s and 1980s. He was sentenced to 37.5 years to life, one of the longest prison sentences in …

2023 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Gloria Steinem Accepts Cardozo's International Advocate for Peace Award, page 3

Ukrainian Professor Dmytro Vovk Finds a Safe Haven at Cardozo, page 14

Nargis Baran Escapes Afghanistan with Help from Three New York City Law Schools, page 16

Faculty in the Media, page 18

Faculty Scholarship, page 22

Speaking of Law, page 29

A Career of Spirit, page 30

Reframing Crime and Punishment, page 34

Protecting Human Rights Around the World, page 44

Defending LGBTQ+ Civil Rights, page 49

Commencement '23, page 52

Student Briefs, page 54

Alumni events, in Paris, …

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Juvenile Genetic Privacy In New York: Dna Collection And Maintenance Post-Francis O., Cassidy Moon

Cardozo Journal of Equal Rights & Social Justice

The note argues that the compulsory collection and indefinite maintenance of juvenile forensic DNA profiles violate the Fourth Amendment's protection against unreasonable searches and seizures. It asserts that such practices are particularly problematic for minors due to their heightened privacy interests, the low recidivism rates among juveniles, and the contradiction with the juvenile justice system's focus on rehabilitation and confidentiality. The note advocates for legislative reforms, such as New York Senate Bills 998 and 3104, to address these issues and protect juveniles' privacy rights.

2023 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2023 issue of the CLIHHR Newsletter honors the legacy of Benjamin B. Ferencz and reflects on the Institute’s continued commitment to international justice and atrocity prevention. It features tributes to Ferencz’s life and work, updates on student and clinic achievements, including success at the Clara Barton International Humanitarian Law Competition, international fieldwork in Argentina and India, major conferences on sexual and gender-based crimes, faculty engagement in global legal advocacy, and partnerships advancing survivor-centered and intersectional justice. The newsletter highlights CLIHHR’s dedication to human rights education, accountability, and global collaboration.

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.

The Drug Policy Reform Act: Analyzing The Potential Future Of United States Federal Drug Policy, Justin Danziger

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

Brief Of Exonerees As Amici Curiae In Support Of Appellant, Derrick Hamilton

Perlmutter Center Briefs

Amici includes a group of wrongfully convicted individuals who spent years ( for most, decades) in prison for crimes they did not commit. They submit this brief in support of Damien Echols' appeal to the Supreme Court of Arkansas out of concern that, left uncorrected, the decision below would undermine the fundamental right to prove one's innocence and as such suffer the consequences left. Additionally, exonerees suffer beyond anyone's imagination and this Court should not ignore the voices of those who have been similarly situated to that of Damien Echols.

Amici understands all too well the importance of such safeguards. …

Cardozo Celebrates The Class Of 2023, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law celebrated the Class of 2023, whose graduates embarked upon their academic journey in the midst of the pandemic, during its graduation ceremony at Lincoln Center on June 5.

2023 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Hon. Joseph A. Greenaway Jr., United States Court of Appeals for the Third Circuit

Student Remarks:

Xènia Campàs Gené, LL.M. Class Speaker, Class of 2023

Talia Heller, J.D. Class Speaker, Class of 2023

Student Bar Association Awards:

Hannah Petitti, SBA President, …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

Survival Homicide, Michal Buchhandler-Raphael

Cardozo Law Review

A significant number of women who are incarcerated in American prisons for homicide offenses have been subjected to various forms of domestic abuse, including physical, sexual, and psychological abuse. This Article coins the term “survival homicide” to refer to cases where survivors of substantial and repeated domestic abuse kill abusive intimate partners or other abusive family members in circumstances where the abuse significantly contributed to their act. Abuse survivors are often prosecuted for murder and are over-punished by the criminal legal system.

Existing legal frameworks underlying survival homicide rest on exercising considerable discretion by various institutional actors, including prosecutors, juries, …

A Proportionality Analysis Should Govern Home Rule Disputes, Darien Shanske, David A. Carrillo

Cardozo Law Review

Despite more than a century of reform, state constitutional law governing the state–local relationship remains unsatisfactory. Current doctrine governing intrastate federalism struggles with the same issues as the more familiar interstate federalism doctrine does: in both contexts courts have failed to choose between categorization and balancing. Two recent trends highlight this unsatisfactory pocket of state constitutional jurisprudence. One is hyperpreemption, where punitive state laws override local regulations and invade traditional zones of local police power. The other pressure point is the nationwide housing crisis, which provokes intrastate conflict when state governments act to preempt local zoning to permit more, denser, …

Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in May 2023 to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). It provides legal and strategic recommendations on investigating and prosecuting crimes of sexual and gender-based violence, with an emphasis on survivor-centered approaches and international legal standards. The submission highlights the importance of addressing such crimes within the framework of international justice.

May 2023 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The May 2023 Annual Report prepared for The Laura and Isaac Perlmutter Foundation highlights the achievements of the Perlmutter Center for Legal Justice in its first year. The report covers events, partnerships with organizations like Legal Aid, and the launch of initiatives such as the Forensic Science Education Program. It introduces key staff members and emphasizes the Center's mission to promote justice by addressing unreliable forensic science, educating legal professionals, and providing services through the Freedom and Clemency Clinics. Overall, the report showcases the Center's commitment to advancing legal justice and making a positive impact.

Cardozo Law News Brief: April 28, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Emmanuel Arnaud
• Young Ran (Christine) Kim
• Rachel Landy
• Deborah Pearlstein
• Michael Pollack
• Anthony Sebok

Campus News:

• Perlmutter Center for Legal Justice at Cardozo School of Law Celebrates Release of Bruce Bryant Following Clemency Victory

Events:

• Class of 2023 Commencement

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Articles

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

Bruce Bryant, Released After 30 Years In Prison With The Help Of The Perlmutter Center For Legal Justice At Cardozo Law, Visits And Thanks Cardozo Students, Benjamin N. Cardozo School Of Law

Cardozo News 2023

In an emotional visit to the Cardozo Law campus on April 26, two days after his release from prison, Bruce Bryant thanked students from The Perlmutter Forensic Science Freedom Field Clinic who helped him win clemency.

A round of applause echoed through the hallway as he arrived with Josh Dubin, the executive director of The Perlmutter Center for Legal Justice at Cardozo Law.

Perlmutter Center For Legal Justice At Cardozo School Of Law Celebrates Release Of Bruce Bryant Following Clemency Victory, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

It was a day of jubilation for Bruce Bryant, the first client of The Perlmutter Center for Legal Justice at Cardozo School of Law as he celebrated his release from prison on April 24th, after New York State Governor Kathy Hochul granted him clemency in December.

Battling Batson: State V. Andujar And New Jersey's Efforts To Fix A Broken Doctrine, Eli Shahar

Cardozo Law Review

No abstract provided.

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel

Cardozo International & Comparative Law Review

The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …