Law Commons^™

Reimagining The Successful Attorney Archetype, Amanda L. Kool

South Dakota Law Review

No abstract provided.

Leveraging Technology And Law School Pro Se Clinics To Enhance Rural Access To The Courts, Marilyn Trefz, Kelly Collinsworth

South Dakota Law Review

No abstract provided.

Indigent Legal Services In South Dakota: A History, Benjamin Titus

South Dakota Law Review

No abstract provided.

Revising The Indian Plenary Power Doctrine, M. Henry Ishitani, Alexandra Fay

Michigan Journal of Race and Law

The federal Indian law doctrine of Congressional plenary power is long overdue for an overhaul. Since its troubling nineteenth-century origins in Kagama v. United States (1886), plenary power has justified invasive Congressional interventions and undermined Tribal sovereignty. The doctrine's legal basis remains a constitutional conundrum. This Article considers the Court's recent engagement with plenary power in Haaland v. Brackeen (2023). It argues that the Brackeen opinions may signal judicial readiness to reevaluate the doctrine. The Article takes ahold of Justice Gorsuch's critical assessment and runs with it, ultimately proposing a method for cleaning up this destructive and constitutionally dubious line …

Lest We Be Lemmings, Claire Wright

Faculty Articles

Lest We Be Lemmings concerns global warming, which is the most grave threat facing humanity today. In this article, I first: (1) discuss how the U.S. Congress and the U.S. Executive Branch, for decades, have been aware of the existence of global warming and its main cause – the burning of fossil fuels and emission of CO₂ - but have consistently failed to regulate the fossil fuel industry, reduce the lucrative subsidies that they provide to the fossil fuel industry, and hold the fossil fuel industry responsible for global warming; (2) explain how the fossil fuel industry, for decades, …

Municipal Abortion Bans: When Local Control Clashes With State Power, Laura D. Hermer

American University Journal of Gender, Social Policy & the Law

Anti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.

This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will …

The Implications Of Artificial Intelligence In The Criminal Justice System, Natalie Garay

Honors Undergraduate Theses

This thesis focuses on artificial intelligence's recent implications on the criminal justice system regarding its admissibility as evidence in civil and criminal cases. One of the main concerns surrounding artificial intelligence is determining the validity of AI application; application refers to the accuracy "AI measures, classifies, or predicts what it is designed to" (Article: Artificial Intelligence as Evidence by Paul W. Grimm, Maura R. Grossman & Gordon V.Cormack.(https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1349&context=njtip). Privacy law will also be analyzed in this analysis. Is evidence recorded without the individual's consent or knowledge acceptable in determining an individual's guilt? This analysis will primarily focus on …

Elements Of The Criminal Minds, Kelsie A. Esposito Ms.

Honors Undergraduate Theses

Studying human behavior and societal dynamics has captivated scholars across time. From ancient philosophers like Plato to contemporary researchers, the quest to comprehend our distinctiveness and the mechanisms that enable harmonious coexistence remains paramount. This thesis examines the enigmatic realm of the “criminal class,” looking at their identity and actions and the cognitive processes underpinning their behavior. Focusing on violent criminal offenders, this thesis seeks to provide greater meaning and understanding of the criminal mind.

Centering Students’ Rights In Our Democracy: A Case Study From Maryland’S Eastern Shore, Samantha C. Pownall

Articles & Chapters

No abstract provided.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

The Chinese Balloon Incident And Partisanism In International Law, Samuli Seppänen

Cardozo International & Comparative Law Review

This Article discusses the implications of the February 2023 Chinese balloon incident for understanding Chinese foreign policy elites' approaches to international law. It argues that the Chinese balloon incident fits the perception of a globally ambitious and activist China. At the same time, the ethically ambiguous context offoreign surveillance flights problematizes the stark dichotomies between authoritarian and liberal approaches to international law. Chinese legal arguments in the Chinese balloon incident followed the Cold War-era playbook of diplomatic exchanges on unauthorized flights in foreign airspace. Moreover, the Chinese commentary on U.S. conduct in the Chinese balloon incident in some ways resembled …

Authoritarian International Law: An Unfinished Research Odyssey, Roda Mushkat

Cardozo International & Comparative Law Review

The concept-rich international legal space has expanded in the past few years by incorporating the notion that there is a distinct form of internationalaw possessing authoritarian traits. This notion stands in contrast with the time-honored mainstream variant which is assumed to have liberal-democratic roots and dispositions. A product of the current decade, authoritarian international law has nevertheless left a palpable mark on international legal theory and is believed to have materially reshaped the international legal landscape. The primary aim of this Article is to summarize the achievements made in analyzing the dimensions of this new concept and its considerable practical …

Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan

Cardozo International & Comparative Law Review

Judges oftenface lawyer misbehavior in court. Such misbehavior, and the way judges address it, are pressing issues, which challenge all courts. However, the current literature on the legal profession and legal education lacks a systemic analysis of judges' perceptions of lawyers' behavior in their courtrooms, of the ways in which judges are influenced by lawyers' misbehavior, and of the ways in which they respond to it. This Article fills this gap by empirically analyzing judges' perceptions of lawyers' misbehavior, how it influences judges' work environments, the methods they use to cope with it, and the constraints they face in dealing …

Are Holocaust Denial Laws And Critical Race Theory Bans The Same?, Rob Kahn

Cardozo International & Comparative Law Review

Florida's education rules list Holocaust denial and critical race theory ("CRT") as "theories that distort the past." This is not a fair comparison. Holocaust denial laws and CRT bans are analytically distinguishable. Holocaust denial laws were originally intended to fight hate, and this is the only reason they might be legitimate today. By contrast, CRT bans, for all their well-meaning language aboutprotecting childrenfrom race-based accusations of guilt, intend to silence the past. Indeed, the CRT bans are uncannily similar to the laws used in Turkey to ban discussion of the Armenian Genocide in schools. While one might reject both sets …

Enhancing Fairness And Compassion In Military Disciplinary Proceedings, Rinat Kitai-Sangero

Cardozo International & Comparative Law Review

This Article critically assesses the disciplinary proceedings carried out by judicial officers within the military, shedding light on the absence of crucial procedural guarantees, such as the right to legal representation and an impartial judge. After comparing the Israeli disciplinary proceedings with the Summary Court-Martial system in the United States and considering arguments used to justify the lack of procedural guarantees, the Article emphasizes the emotional distress experienced by soldiers who feel powerless due to power imbalances with their commanders and the severity ofprison sentences they may face. While the Article primarily focuses on the Israeli army, its main arguments …

Reuniting "Active" And "Direct" Participation: The International Criminal Court's Dph Divorce In Lubanga, Josef Danczuk

Cardozo International & Comparative Law Review

Throughout treaty-making processes and turn-of-the-century international criminal tribunal decisions, scholars and judges alike determined that the terms "direct" and "active," when referring to participation in hostilities, were synonymous. However, the International Criminal Court ("ICC'), in interpreting the Rome Statute in the Lubanga case, determined that they were not, creating disparity between interpretations of the same terms within International Criminal Law ("ICL") and the Law of Armed Conflict ("LOAC"). Not only is the ICC's interpretation legally wrong, it is also practically unworkable and distorts the well-established doctrine of DPH as defined in LOAC. Lubanga may have broadened protectionfor child soldiers, but …

Constructing A Taxonomy Of Financial Consumer Protection Policy And Assessing The New Consumer Duty In The United Kingdom's Financial Sector, Iris H-Y Chiu, Wai-Yee Wan

Cardozo International & Comparative Law Review

The article critically examines the UK's Consumer Duty, introduced by the Financial Conduct Authority (FCA), arguing that while it represents a significant step in financial consumer protection, it falls short in addressing welfare outcomes and distributive justice. The Duty focuses on consumer empowerment but neglects key aspects of consumer citizenship, such as access to essential financial services and guarantees of product quality. The article proposes a taxonomy of consumer protection levels to evaluate the Duty's effectiveness and advocates for a more robust framework that prioritizes financial inclusion and long-term consumer welfare.

One Size Does Fit All: A Quasi-Federal Solution To The Euro-Centric Structural Shortcomings Of The Icc, Anivesh Bharadwaj

Cardozo International & Comparative Law Review

The article critiques the International Criminal Court's (ICC) centralized structure in The Hague, arguing that it undermines transparency, accessibility, and legitimacy, particularly for victims and witnesses in remote regions. The author proposes a "quasi-federal" framework to decentralize the Court, enabling regional proceedings while maintaining a central Appeals Chamber and Presidency. This restructuring aims to address structural flaws, enhance deterrence, and improve justice delivery by bringing proceedings closer to affected communities.

Battling The Form: A Front-End Approach To Default-Use Noncompetes, Rachel Arnow-Richman

University of Florida Journal of Law & Public Policy

A growing consensus holds that employer overuse of noncompete agreements adversely affects workers and the economy. But there is little agreement on how best to regulate these instruments. States have experimented with an array of idiosyncratic reforms that capture the most egregious misuses, while the Federal Trade Commission (FTC), has issued an outright ban that would prohibit all employee noncompetes and comparable instruments nationwide.

This Article argues that any effective reform strategy must target what it terms “default-use” noncompetes—boilerplate restraints imposed by employers as a matter of course without close consideration of their underlying justification. Some unlawful noncompetes are clearly …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 42 (2023-24)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Lost In Translation: The Limits Of Explainability In Al, Hofit Wasserman-Rozen, Ran Gilad-Bachrach, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

As artificial intelligence becomes more prevalent, regulators are increasingly turning to legal measures, like "a right to explanation," to protect against potential risks raised by AI systems. However, are eXplainable AI (XAI) tools-the artificial intelligence tools that provide such explanations-up for the task?

This paper critically examines XAI's potential to facilitate the right to explanation by applying the prism of explanation's role in law to different stakeholders. Inspecting the underlying functions of reason-giving reveals different objectives for each of the stakeholders involved. From the perspective of a decision-subject, reason-giving facilitates due process and acknowledges human agency. From a decision-maker's perspective, …

Keynote Address: Adjudicating Art, Amy Adler

Cardozo Arts & Entertainment Law Journal

The keynote address critiques the Supreme Court's decision in Andy Warhol Foundation v. Goldsmith for its flawed approach to interpreting the meaning of art in copyright law, particularly in the context of fair use. It argues that courts are ill-equipped to determine the meaning of art, as art often resists reduction to discrete messages or meanings. The Court's reliance on visual analysis and its failure to provide clear guidance on how to assess meaning exacerbate these problems, leading to confusion in lower courts and potentially stifling artistic expression.

International Law Goes To War In Ukraine, Oona Hathaway

Emory International Law Review

No abstract provided.

Consumer Justice: Do Europeans Know Something We Do Not?, Magdalena Tulibacka

Emory International Law Review

No abstract provided.

Comparative Reasoning In Court Rulings In The Aftermath Of Dieselgate, Maria José Azar-Baud

Emory International Law Review

No abstract provided.

Mythical Adverse Effect, Naveen Thomas

Faculty Scholarship

No abstract provided.

Temporary Protection For Ukrainians In The European Union: Why Now And When Again, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Racing And Erasing Parental Rights, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Kinship Care And Adoption Myopia, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

The Case For Waivable Employee Rights: A Contrarian View, William Corbett

Journal Articles

No abstract provided.