Law Commons^™

A Meaningful Floor For "Meaningful Human Control", Rebecca Crootof

Law Faculty Publications

To the extent there is any consensus among States, ban advocates, and ban skeptics regarding the regulation of autonomous weapon systems (AWS), it is grounded in the idea that all weaponry should be subject to "meaningful human control." This "intuitively appealing" principle is immensely popular, and numerous States have explicitly declared their support for it or questioned the lawfulness of weapons that operate without such control. Lack of opposition has led some to conclude that it is either a newly developed customary norm or a preexisting, recently exposed rule of customary international law, already binding on all States.

But this …

Consent Is Not Enough: Why States Must Respect The Intensity Threshold In Transnational Conflict, Rebecca Crootof

Law Faculty Publications

It is widely accepted that a state cannot treat a struggle with an organized non-state actor as an armed conflict until the violence crosses a minimum threshold of intensity. For instance, during the recent standoff at the Oregon wildlife refuge, the U.S. government could have lawfully used force pursuant to its domestic law enforcement and human rights obligations, but President Obama could not have ordered a drone strike on the protesters. The reason for this uncontroversial rule is simple—not every riot or civil disturbance should be treated like a war.

But what if President Obama had invited Canada to bomb …

Change Without Consent: How Customary International Law Modifies Treaties, Rebecca Crootof

Law Faculty Publications

In 1903, Panama ceded its sovereign rights over the Panama Canal to the United States in perpetuity. The 1930 London Naval Treaty required submarines to comply with the contemporary law of war, including the prohibition on neutralizing enemy merchant vessels without having first ensured the safety of their passengers and crew. In 1945, the United Nations Charter prohibited its members from threatening or using force against another state, save for two limited exceptions. And, in 1969, Spain and Morocco concluded a permanent fisheries convention, setting the limit of their territorial seas at twelve miles.

Some of these treaties were bilateral …

Virginia Practice Series: Jury Instructions, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

Virginia Practice Series-Jury Instructions is a continuation and update of previous editions, which won widespread approval among the bench and bar for almost 40 years.

As in the past, this book is primarily confined to the most common areas of jury trial work, torts and criminal law. Where possible, the language of the instructions is taken directly from reported cases or case records. Where this is not possible, we have set out instructions that should meet both the general rules regarding the form of instructions and the specific substantive legal rules. In the latter cases, close attention has been paid …

Changes To Bankruptcy Forms And Pending Bankruptcy Rule Changes, Kathleen Klepfer

Law Faculty Publications

Nearly every form used by the bankruptcy courts went through a significant overhaul in December as part of a seven-year project designed to streamline the filing process. The voluntary petition—old Form B1—has now been split into three separate forms: B101 for individual debtors, B201 for nonindividual debtors, and B401 for foreign proceedings. This overhaul altered the format of most additional forms and schedules, including the internal “director’s forms,” all of which are now available on the court’s main form page. Because most form numbers changed as well, the courts have provided a conversion chart that aligns the old and new …

Guiding Griswold: Reevaluating National Organizations' Role In The Connecticut Birth Control Cases, Allison Day

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Myth Of Gender Equality In Turkey: Her Name Or Sir-Name?, Joseph Zand, Bahar Öcal Apaydın

Cardozo Journal of Equal Rights & Social Justice

Gender equality is one of the most contentious matters in the contemporary Turkish society. Unlike in many other parts of the developed world, Turkish women still struggle to use their maiden name, as well as to pass it on to their children upon marriage. A woman's surname is of crucial importance to her identity. Despite the fact that Turkey is a part of the European Civil Law tradition and the Turkish Civil Code has a specific provision regarding women's surnames, Turkey has failed to grant its female population a choice in relation to their surname after marriage. The European Court …

Adult Entertainment Film Contracts: To Enforce Or Not To Enforce?, Elizabeth Lin

Cardozo Journal of Equal Rights & Social Justice

The note argues that adult entertainment film contracts should be enforceable, as the consideration—whether in the form of performance, waiver of privacy, or sexual intercourse—meets legal standards. It posits that evolving social norms and legal precedents, such as the legalization of adult entertainment and the enforceability of cohabitation agreements, support the validity of these contracts, despite historical opposition due to public policy concerns.

Religion's Power Over Reproductive Care: State Religious Freedom Restoration Laws And Abortion, Sophia Martin Schechner

Cardozo Journal of Equal Rights & Social Justice

The note argues that state Religious Freedom Restoration Acts (RFRAs), such as those in Missouri and Alabama, can be strategically used by pro-choice advocates to challenge restrictive informed consent laws for abortion, as these laws may violate the Establishment Clause and unduly burden women's religious freedom. By leveraging state RFRAs, advocates can resist reproductive care restrictions imposed by such laws, offering a novel legal strategy to protect abortion access.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 22, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison

Cardozo Journal of Equal Rights & Social Justice

This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …

"A Trial Of Strength In Scenes Of Violence": Building A Case For The Prenatal Rights Of Willing Fathers Towards Custody, Anton Sorkin

Cardozo Journal of Equal Rights & Social Justice

In the 1920s, family law jurisprudence saw the development of a fundamental right to direct the upbringing and education of children by parents. However, in the aftermath of Roe v. Wade, the Supreme Court began a trajectory that culminated in what would amount to a total deprivation of a father's prenatal rights despite an absence of judicial review of these matters. This evolution has created a grave injustice and a violation of the rule of law, in addition to facilitating the breakdown offamily oneness in our culture. While proponents like Lynne Marie Kohm, Michael J Higdon, Mary Totz, and Matthew …

Dirty Laws: A Critique Of The Audiovisual Media Services Regulations 2014 And Section 63 Of The Criminal Justice And Immigration Act 2008, Daniel Haley

Cardozo Journal of Equal Rights & Social Justice

The United Kingdom's recently enacted anti-pornography laws, the Audiovisual Media Services Regulations 2014 and section 63 of the Criminal Justice and Immigration Act 2008, are inconsistent with the European Convention on Human Rights, United Kingdom case law, and United Kingdom public policy. The Audiovisual Media Services Regulations 2014, which bans the sale of a wide array of domestically produced pornography, and the Criminal Justice and Immigration Act 2008, which criminalizes the possession of "extreme pornography, " are among the most restrictive anti-pornography laws in the democratic world. These laws were passed in response to the rise of the Internet, which …

Panel Ii: Fleeing Violence From The Middle East And North Africa, Alice Farmer, Zaid Hydari, Edwin Rekosh, Thomas Streinz

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Cutting Female Genital Mutilation From The United States: A European-Influenced Proposal To Alter State And Federal Legal Responses When Affording Relief To Somali Victims In Minnesota, Pooja Shah

Cardozo Journal of Equal Rights & Social Justice

The note advocates for a comprehensive legal and public health approach to combat Female Genital Mutilation (FGM) in the United States, particularly focusing on Somali immigrants in Minnesota. It highlights the inadequacies of current federal and state laws in addressing FGM and proposes a new legislative framework inspired by European models to strengthen penalties, improve enforcement, and raise awareness.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Law & Gender, Vol. 23, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Book, Chapter, And Verse: The Rise And Rise Of The Freedom Of Conscience Movement Post-Windsor And Obergefell, Martina E. Cartwright

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Property's Immortality, Shelly Kreiczer-Levy

Cardozo Journal of Equal Rights & Social Justice

The law ofpost most-mortem transfers assumes an autonomous individual, free to will their property as they see fit. This Article offers a relational critique of this legal reality, and highlights the implications ofsuch a critique for gender equality. Although property's role in supporting relationships and facilitating cooperation has long been celebrated, post-mortem transfers pose a challenge to relational legal theory. It is commonly held that death puts a stop to all relationships and defies all relational commitments. This Article builds on a different perception of death, and argues that the need to transcend mortality is profoundly relational. Property-related projects can …

Rectifying A Wrongful Reaction: Policy Alternatives To Family Detention And Expedited Migration Proceedings Without Representation For Unaccompanied Minors And Other Migrants Seeking Asylum, Noquel A. Matos

Cardozo Journal of Equal Rights & Social Justice

The note critiques the U.S. government's response to the 2014 surge in unaccompanied minors and family units fleeing violence in Central America, arguing that policies such as detention and expedited deportations violated legal and moral obligations. It highlights the Flores v. Johnson case as a pivotal moment in addressing inhumane detention conditions and advocates for policy reforms to restore the U.S. commitment to protecting asylum seekers.

A Limited Right To Be Forgotten To Protect The Privacy Rights Of Juvenile Offenders, Danyaw Chen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of a right to be forgotten for juvenile offenders in the U.S., inspired by the EU's approach, to protect their privacy and future prospects in the digital age. It critiques the U.S. system for inadequate protection of juvenile privacy and proposes a mechanism to remove certain search results related to juvenile offenses, while addressing constitutional challenges and balancing privacy rights with free speech.

Parental Kidnapping: An Epidemic That Is Escalating, Michael Samson

Cardozo Journal of Equal Rights & Social Justice

The note examines the complex legal and emotional challenges surrounding international parental child abduction, emphasizing the limitations of existing legal frameworks like The Hague Convention and the need for a more comprehensive approach to address this growing issue. It highlights the psychological and jurisdictional complexities involved, particularly when countries like China and Russia are not signatories to the Convention. The analysis advocates for stronger enforcement mechanisms, international cooperation, and preventive measures to protect children and families affected by such abductions.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 23, Iss. 2

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Housing Intersex Juvenile Offenders, Janae Hunte

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.

Everything Old Is New Again: Will Narrow Networks Succeed Where Hmos Failed?, Deborah R. Farringer

Law Faculty Scholarship

As health insurers try to navigate the new limitations set forth under the ACA, including prohibitions on denying individuals with pre-existing conditions and limitations on the rating of patients, insurers are looking towards models that will enable them to control costs without access to their usual tools. What they have developed is not so much a new insurance model, but actually a concept that first arose during the rise of managed care; that is, limited provider networks utilized within health maintenance organizations (“HMOs”). These “new” insurance products, often referred to as narrow networks or high-performance networks, offer beneficiaries a more …

The Meaning Of The Constitution And The Selection Of Judges, Harold See

Law Faculty Scholarship

In the ongoing debate over the best method for choosing judges, the focus has been on the perceived drawbacks of judicial election without commensurate consideration of either the advantages of popular elections or the disadvantages of the commission system-usually styled the "Missouri plan" or "merit selection." One such consideration is the means of defining the judicial power.

Racial Profiling: A Persistent Civil Rights Challenge Even In The Twenty-First Century, Ronnie A. Dunn

Case Western Reserve Law Review

This article examines the existence of racial profiling in traffic ticketing data.

The Return Of Coverture, Allison Anna Tait

Law Faculty Publications

Once, the notion that husbands and wives were equal partners in marriage seemed outlandish and unnatural. Today, the marriage narrative has been reversed and the prevailing attitude is that marriage has become an increasingly equitable institution. This is the story that Justice Kennedy told in Obergefell v. Hodges, in which he described marriage as an evolving institution that has adapted in response to social change such that discriminatory marriage rules no longer apply. Coverture exemplifies this change: marriage used to be deeply shaped by coverture rules and now it is not. While celebrating the demise of coverture, however, the …