Courts Commons^™

Anti-Disruption Statutory Construction, Jonathan H. Adler

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory interpretation, characterizing it as a form of "Burkean minimalism." This approach prioritizes judicial restraint, avoiding disruptive outcomes and maintaining stability in the law, even if it requires departing from the plain meaning of statutory text. Roberts' decisions often reflect a pragmatic willingness to reinterpret statutes to prevent significant disruptions, uphold legislative enactments, and preserve constitutional harmony, rather than adhering strictly to textualist or doctrinal purity.

Summary Reversals In The Roberts Court, Edward A. Hartnett

Cardozo Law Review

The article examines the use of summary reversals by the Roberts Court, arguing that these decisions—where the Court reverses lower court rulings without full briefing or oral argument—serve important administrative functions and address specific types of errors, despite longstanding criticism. The author identifies patterns in the areas of law and types of errors targeted by these reversals, concluding that the practice persists due to its utility in maintaining judicial hierarchy and efficiency, even as critics question its propriety.

Where Techs Rush In, Courts Should Fear To Tread: How Courts Should Respond To The Changing Economics Of Today, Melanie Defiore

Cardozo Law Review

No abstract provided.

Till V. Scs Credit Corporation: A "Prime-Plus-Plus" Method Tilling Courts To Consider Efficient Market Evidence, Emma J. Guido

Cardozo Law Review

No abstract provided.

Redefining Protected "Opposition" Activity In Employment Retaliation Cases, Craig Robert Senn

Cardozo Law Review

Over the last decade, retaliation claims under our federal employment discrimination laws - such as Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act of 1990 (ADA), and the Age Discrimination in Employment Act of 1967 (ADEA) - have skyrocketed. In that period, these claims have increased in number by over fifty percent and now rank as the single most popular claim filed with the Equal Employment Opportunity Commission (EEOC).

A critical element in these retaliation claims is the presence of "protected activity" by the whistleblowing employee. One type of protected activity is …

The Mann Act And Crossing State Lines: Maybe You Should Have Known, Alison Gross

Cardozo Law Review

No abstract provided.

Creditor Claims For Postpetition Attorneys' Fees Incurred In Bankruptcy Litigation And The Role Of State Law, Laith Hamdan

Cardozo Law Review

No abstract provided.

Cracking The Code: Implementing Internet Accessibility Through The Americans With Disabilities Act, Carly Schiff

Cardozo Law Review

No abstract provided.

International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Enigma Of Wynne, Edward A. Zelinsky

Articles

The five-justice Wynne majority used that case to make a major statement about the dormant Commerce Clause. In many respects, Wynne is an enigma that perpetuates an inherent problem of the Courts dormant Commerce Clause doctrine: the Court declares some ill-defined taxes as unconstitutionally discriminatory because they encourage in-state investment, while other economically equivalent taxes and government programs that similarly encourage intrastate economic activity are apparently acceptable under the dormant Commerce Clause.

Wynne is thus more important than the immediate situation it addresses, and will have consequences beyond the immediate circumstances it addresses. A decision as enigmatic as it is …

Broken Windows Policing And Community Courts: An Unholy Alliance, Robin Steinberg, Skylar Albertson

Cardozo Law Review

No abstract provided.

Introduction: Broken Windows: Restoring Social Order Or Damaging And Depleting New York's Poor Communities Of Color?, Jonathan Oberman, Kendea Johnson

Cardozo Law Review

No abstract provided.

Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba

Cardozo Journal of Conflict Resolution

Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …

A Survey Of Beliefs And Priorities About Access To Justice Of Family Law: The Search For A Multidisciplinary Perspective, Peter Salem, Michael Saini

Cardozo Journal of Conflict Resolution

Within the last decade, the term "Access to Justice" has grown in popularity among legal commentators, scholars, family justice reformers, government policy makers, and the media. But with all of this new attention, there remains no common understanding or definition of Access to Justice and its potential implications for children and families in domestic relation courts. The purpose of this cross-sectional online survey was to explore the meaning of Access to Justice according to legal, mental health, and dispute resolution professionals in various countries. The sample included 442 respondents (e.g., judges, lawyers, custody evaluators, mediators, family court services, court administrators, …

Multicultural Adr And Family Law: A Brief Introduction To The Complexities Of Religious Arbitration, Michael J. Broyde

Cardozo Journal of Conflict Resolution

Recent polls indicate that the U.S. population is getting less religious and more secular. This seems to mirror the nation'sand its laws'-movement away from reflecting certain traditional values. While these movements have left some members of the religious population in a precarious situation, surrounded by a society whose values are changing before their eyes, it has also caused the religious to cling tighter to their respective faiths and become more entrenched in the values they assert.

Resolving Multicultural Family Disputes In New York: A Clash Of Courts And Cultures, Alla Roytberg

Cardozo Journal of Conflict Resolution

In this Article, I will discuss my experiences with litigated cases involving multi-cultural families. I will then analyze how issues of cultural sensitivity can be addressed and honored during a mediation between the parties, with the help of an experienced, culturally sensitive mediator.

Introduction: New Models For Prosecutorial Accountability, Russell Shapiro

Cardozo Law Review de•novo

The criminal justice system in the United States was established on a simple notion: “that it is better that ten guilty persons escape, than that one innocent suffer.” It is for this reason that a prosecutor’s burden at trial is so demanding, requiring proof beyond a reasonable doubt. Yet, while a vast majority of prosecutors are committed to the highest ethical standards, with troubling frequency, some high profile exonerations shed light on systemic problems, most often involving failures by prosecutors and other law enforcement officials to disclose exculpatory and impeachment evidence as required by Brady v. Maryland.

To address …

Taiwan's Path To Independence: Resolving The "One China" Dispute, Kristine Yeh Koopman

Cardozo Journal of Conflict Resolution

This Note discusses the historical and legal contexts within which Taiwan is arguably its own state, and advances the notion that members of the international community must finally take a definitive stance as to whether Taiwan is its own sovereign state in order to resolve the "one China" dispute, rather than choosing to remain supposedly impartial. Section II of this Note provides an overview of Taiwan's path to statehood, democracy, and independence. Section III then examines the status of Taiwan in international settings and legal contexts, and highlights Taiwan's claims of independence, as well as China's claims for reunification. Lastly, …

Tweeting #Justice: Audio-Visual Coverage Of Court Proceedings In A World Of Shifting Technology, Itay Ravid

Cardozo Arts & Entertainment Law Journal

The debate over whether to allow cameras into courtrooms refuses to fade away. In 2015 alone, U.S. federal courts completed a five-year experiment with cameras in courts, New Zealand published new guidelines for audio-visual coverage, and Scotland completely revised its former broadcast policy. These jurisdictions, and others around the globe, constantly struggle to design model practices that successfully balance freedom of the press, transparency, and public access to information, with rights to a fair trial and privacy. The constant need to rethink coverage policies can be attributed in large part to the advancement of technology, providing the media innovative tools …

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.

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.

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

Articles

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …

Taxing Legalized Marijuana: How Courts Should Treat Drug Tax Statutes In Light Of The Fifth Amendment's Self-Incrimination Clause And Executive Non-Enforcement Of The Controlled Substances Act, Joseph A. Goldstein

Cardozo Law Review

No abstract provided.

Hashavim H.P.S. Business Information, Ltd. V. The Courts' Administration, Elyakim Rubinstein, Esther Hayut, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

This case concerned a petition challenging the decision of the Courts Administration (the Respondent) making access to its judgment database contingent upon signing a “guarantee” that comprised, inter alia, a prohibition upon indexing the information in a manner that would allow it to be found through web search engines such as Google and Bing. The Petitioner is a commercial company whose primary activity is …

Stern V. Verifone Holdings, Inc., Asher Grunis, Noam Sohlberg, Uzi Vogelman

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

Facts: A U.S. court approved a settlement in a class action that was filed against the Respondent, a U.S. company, and which concerned trade in securities. According to the terms of the settlement, it applies to the members of the represented class who are located both in and outside of the U.S. The Petitioner filed a motion for class certification against the Respondent …

International Law And National Courts: Between Mutual Empowerment And Mutual Weakening, Osnat Grady Schwartz

Cardozo Journal of International and Comparative Law

Over the past two decades, national courts have increasingly engaged with international law in fields and cases they used to avoid before. This Article argues that national courts' voluntary/discretionary application of international law and their greater openness to it are incentivized by the power offered to courts by international law. It empowers them directly - through making them direct subjects of it, advancing the rule of law, and offering institutional backup in the form of international courts and tribunals - and indirectly - by offering them a normative tool kit to be used in their decisions and amplify their legitimacy. …

Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers

Cardozo Journal of International and Comparative Law

The article examines the evolving concept of "specific direction" in accomplice liability for war crimes under international law, highlighting the conflicting approaches of the ICTY and ICC. It advocates for the ICC to adopt a clear, intent-based standard to ensure accountability and consistency, avoiding the ambiguities of "specific direction."

The Case For Prosecuting Arms Traffickers In The International Criminal Court, Leigh Rome

Cardozo Law Review

No abstract provided.

The Legitimacy Crisis And The Future Of Courts, Orna Rabinovich-Einy

Cardozo Journal of Conflict Resolution

There is an overall legitimacy crisis in courts. The sources of this crisis have, to a large extent, been misconstrued. While there has been significant writing depicting the diminished quality, effectiveness, and fairness of courts, these phenomena have, for the most part, been viewed as distinct problems that warrant discrete solutions. This article shows that these problems are all manifestations of an overall legitimacy crisis that stems from the blurring of the originally stark distinctions between courts and alternatives. Traditionally, formal and informal dispute resolution processes had their own sources of legitimacy, each grounded in their respective distinctive (often opposing) …

Death By Discovery, Delay, And Disempowerment: Legal Authority For Arbitrators To Provide A Cost-Effective And Expeditious Process, Tracey B. Frisch

Cardozo Journal of Conflict Resolution

Whether warranted or not, despite statistics to the contrary, arbitration in recent years has become a punching bag for criticism that it has begun to mirror the type of scorched earth discovery practices and delays seen in litigation. Why is this? Is it because parties are not actively participating in the arbitration process and instead have allowed their outside counsels to use the litigationstyle discovery and delay tactics with which counsel feel most comfortable? Maybe. Do parties themselves want protracted discovery and a drawn out arbitration process? Some, perhaps. Has arbitration become a victim of its own success, attracting more …