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Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld

Articles

The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.

A Constitutional Crisis In The Digital Age: Why The Fbi's "Carnivore" Does Not Defy The Fourth Amendment, Aaron Y. Strauss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger

Cardozo Journal of Equal Rights & Social Justice

The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.

Street Crime, Corporate Crime, And Theories Of Punishment: A Response To Brown, Kyron J. Huigens

Articles

In this response to Darryl Brown's important article, Street Crime, Corporate Crime, and the Contingency of Criminal Liability, Professor Huigens argues that Brown has chosen the wrong theory of punishment on which to rest his case for a more regulatory, less punitive, approach to street crime. Brown has chosen the best, most sophisticated consequentialist theory of punishment, as developed principally by Dan Kahan. However, consequentialist punishment theory of any kind has a significant drawback: it has no plausible conception of criminal fault. As a result, Brown is constrained to argue that the language of desert and retribution should be muted …

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

2001 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 13

Nietzsche Comes of Age in America, page 18

Cardozo: Enjoying a Transformation, page 20

Enjoying the Jobs of Their Lives: Alumni on the Bench, page 25

Alumni News & Notes, page 32

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Articles

The article advocates for federal legislation to address the wrongful conviction of innocent individuals, particularly through postconviction DNA testing. It emphasizes the urgent need for legal reforms to ensure access to DNA testing for all inmates, regardless of their sentence, and highlights the importance of preserving biological evidence, providing adequate funding for competent counsel, and leveraging technological advancements in DNA testing to exonerate the innocent and improve the criminal justice system.

Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier

Cardozo Law Review

No abstract provided.

Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles

Articles

In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.

Over the past 30 years, the Court's increasingly restrictive standing jurisprudence has effectively precluded private citizens from playing a meaningful role in public …

Women's Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

2001 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 11

Election 2000, page 15

Derrida on the Death Penalty, page 22

Ethics, Zealous Advocacy, and the Criminal Defense Attorney, page 24

Making a Real Difference in Criminal Law, page 28

Alumni News & Notes, page 34

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.

The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel

Cardozo Journal of International and Comparative Law

The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.

In-Prison Day Care: A Correctional Alternative For Women Offenders, Jessica Y. Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that traditional incarceration of mothers can have detrimental effects on both the women and their children, advocating for alternative correctional methods such as in-prison day care programs. These alternatives aim to maintain the mother-child bond, reduce recidivism, and mitigate the negative societal impacts of separating mothers from their children.

Cooley Innocence Project Kick-Off, Barry Scheck

Articles

The Innocence Project, through the use of DNA testing, has successfully exonerated numerous wrongfully convicted individuals, exposing systemic flaws in the criminal justice system. This has highlighted the need for legal reforms to address issues such as eyewitness misidentification, false confessions, and fraudulent forensic science, ultimately aiming to prevent future wrongful convictions.

Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo

Cardozo Law Review

No abstract provided.

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …

The Political Economy Of Global Multilateralism, John O. Mcginnis

Articles

Many conservatives (at the least the subset who are classical liberals) approve of global multilateral trade agreements and allied agreements that keep global capital markets open. Conservatives, however, tend to be openly skeptical of other global multilateral agreements, be they environmental accords, human rights conventions, military pacts, or an agreement on an international criminal court. In this paper I offer the beginnings of a framework of sound political economy that justifies these divergent intuitions and shows that they are rooted in more than just a reflexive liking for trade combined with a disdain for the environment, human rights, criminal justice, …

2000 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

An Interview with Associate Justice Sandra Day O’Connor, page 21

Did Elgin Cheat at Marbles?, page 25

Dream Field: Intellectual Property and New Media, page 31

Gift Planning: A Solution for Your Clients, page 36

Alumni News & Notes, page 38

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

The Dead End Of Deterrence, And Beyond, Kyron J. Huigens

Articles

No abstract provided.

The Bonds Of American Nationhood, Kenneth L. Karst

Cardozo Law Review

No abstract provided.

2000-2002 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Legal Studies at Cardozo, p. 8

Degree Requirements, p. 12

Courses, p. 14

The Lawyering Curriculum, p. 23

Faculty, p. 36

Student Resources, p. 48

Dr. Lillian and Dr. Rebecca Chutick Law Library, p. 49

The Center for Professional Development, p. 50

Public Interest Opportunities, p. 52

Employment, p. 54

Student Life, p. 56

Admissions, p. 63

Tuition & Student Finances, p. 63

Cardozo Administration and Board of Directors, p. 67

Academic Calendar, p. 72

Before Ucita: Licensing, Selling And Using Information Under The Proposal Formerly Known As U.C.C. Article 2b And Federal Database Protection Legislation, George A. Cooke Jr., Robert W. Gomulkiewicz, Justin Hughes, Raymond T. Nimmer, Pamela Samuelson, Marci A. Hamilton, Edward J. Davis, David Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reclaiming Our Public Schools: A Proposal For School-Wide Drug Testing, Joanna Raby

Cardozo Law Review

No abstract provided.

How The Grinch Stole Chanukah, Isaac M. Jaroslawicz

Cardozo Law Review

No abstract provided.

A Tribute To James B. Boskey, Lela P. Love

Articles

No abstract provided.

1999 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 Eric Herz, Senior Associate Dean, Benjamin N. Cardozo School of Law; Chief Marshal

Presiding:

Normal Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Adam Berner, Law and Mediation Offices of Adam Berner, Adjunct Professor, Benjamin N. Cardozo School of Law; Class of 1994

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Eliot Spitzer, Attorney General, State of New York

Remarks:

Kathryn O. Greenberg, Board of Directors, Benjamin N. Cardozo School …

1999 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

Coif Comes to Cardozo, page 18

Wigs, Coifs, and Other Idiosyncrasies of English Judicial Attire, page 20

New Media, Globalization, and Freedom of Speech are Focus of Squadron Program, page 25

An Interview with President Norman Lamm, page 30

Alumni News & Notes, page 34