Courts Commons^™

Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley

Cardozo Journal of Conflict Resolution

At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best and worst of times, the seasons of Light and Darkness. It is the best of times, the season of Light and a time of joy in honoring human connections, as mediation is widely embraced in the public and private sectors. From government agencies and courts to corporations and United Nations peacemaking units, mediation offers a vision of hope in the midst of drowning bureaucracies, clogged dockets, corporate scandals and …

Involved, Empowered And Inspired: How Mediating Halakhic Prenuptial Agreements Honors Jewish And American Law And Builds Happy Families, Lara Traum

Cardozo Journal of Conflict Resolution

This Note discusses the pitfalls of existing halakhic prenuptial protocols and advances the use of mediation in the prenuptial drafting process. Section II of this Note provides a history of Jewish marital and divorce law, explaining the significance of halakhic legal documents and religious arbitration units. Section III examines the unresolved relationship between Jewish and American systems, discusses the advent of American prenuptial agreements, and highlights the shortcomings of existing prenuptial agreements in the Orthodox Jewish community. Section IV proposes that prenuptial mediation best honors halakha, American law, and individual interests.

The Myth Of Obsolete Obscenity, Jennifer M. Kinsley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond

Cardozo Journal of Equal Rights & Social Justice

Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety by reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts are. This Article posits that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only …

Unauthorized Practice Of Law And Meaningful Access To The Courts: Is Law Too Important To Be Left To Lawyers?, Matthew Longobardi

Cardozo Law Review

No abstract provided.

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

When A U.S. Domestic Court Can Enjoin A Foreign Court Proceeding, Samantha Koeninger, Richard Bales

Cardozo Journal of International and Comparative Law

A federal court, at its discretion, may enjoin a parallel proceeding in a foreign court. Currently, there is a split among the federal courts of appeals as to the circumstances under which an anti-suit injunction should be granted. The Fifth, Seventh, and Ninth Circuits have adopted the "liberal approach." These courts have found that a court may enjoin a foreign proceeding if the parallel litigation is vexatious and duplicative. In contrast, the First, Second, Third, Sixth, Eighth, and D.C. Circuits have adopted the "restrictive approach." These courts require a higher standard, and have found that if the parallel litigation is …

Contempt, Status, And The Criminalization Of Non-Conforming Girls, Cynthia Godsoe

Cardozo Law Review

No abstract provided.

The Critical Nature Of Verbal Leaks And Nonverbal Signals During Bargaining Interactions, Charles B. Craver

Cardozo Journal of Conflict Resolution

When individuals negotiate, they communicate with each other in person, over the telephone, or through e-mail and text exchanges. Proficient negotiators carefully prepare for such interactions, and they endeavor to choose their words carefully to convey the precise messages they intend to communicate. Despite these efforts, however, they frequently include inadvertent modifiers that undermine what they appear to be saying. Persons who listen carefully for such "verbal leaks" can gain a significant bargaining advantage.

Informed Consent In Mediation: Promoting Pro Se Parties' Informed Settlement Choice While Honoring The Mediator's Ethical Duties, Michael T. Colatrella Jr.

Cardozo Journal of Conflict Resolution

In explaining the proper role of informed consent in mediation, this Article will proceed as follows: Part II will examine mediation's core ethical values of self-determination, impartiality and promoting a quality process. Part III will explore the meaning and origins of the informed consent doctrine; and, in Part IV, analyze the application of informed consent policies and principles to mediation in the light of mediation's core ethical values. Part V will explore ways that mediators can promote informed outcome consent within the existing ethical framework and recommend legislative reform that will help clarify the mediator's proper role of promoting fair …

The War On Drugs Is Over (If You Want It): State Drug Courts As An Alternative To Criminal Courts For Low-Level Nonviolent Drug Offenders, Blake Courlang

Cardozo Journal of Conflict Resolution

Part I of this Note describes the social, political, and legal reasons behind the rise of mandatory minimum sentencing in the 1980s and their path towards becoming advisory in the 2000s, as held by the Supreme Court in United States v. Booker. Part II provides a description of drug courts and argues for the use of drug courts as an alternative to the criminal sanctions for all nonviolent, low-level drug offenders. As part of this discussion, this Note examines the use of mandatory minimum sentencing post-Booker and the procedural method of divesting federal jurisdiction of nonviolent, low-level drug offenses …

Nlrb V. Noel Canning Presents A Nonjusticiable Political Question, Victor Williams

Cardozo Law Review de•novo

This Article argues that the Noel Canning challenge to the President’s use of his recess appointment authority presents a nonjusticiable political question. The work draws from arguments developed for this author’s Supreme Court amicus briefs in Noel Canning, other amicus briefs lodged during the past year for related actions in the Third, Fourth, Seventh, Ninth, and D.C. Circuits, and a variety of this author’s commentary on federal appointments.

The Aftermath Of Hobby Lobby: Hsas And Hras As The Least Restrictive Means, Edward A. Zelinsky

Articles

In Burwell v. Hobby Lobby Stores, Inc., the United States Supreme Court held that the Religious Freedom Restoration Act of 1993 (RFRA) does not require closely-held corporations’ employer-sponsored medical plans to provide forms of contraception that shareholders of such corporations object to on religious grounds. The question now raised is how the President, Congress, and the departments of Health and Human Services (HHS), Treasury and Labor, ought to respond to the Hobby Lobby decision.

The Courts And National Security: The Ordeal Of The State Secrets Privilege, David Rudenstine

Articles

The state secrets privilege, originally established in United States v. Reynolds, has evolved into a powerful tool for the Executive to shield actions from judicial scrutiny, undermining the rule of law and constitutional checks and balances. This expansion, driven by judicial deference and circuit court interpretations, now prioritizes national security over accountability, threatening core legal principles. The article argues for reform to balance national security concerns with judicial oversight and individual rights.

Engaging Men As Fathers: The Courts, The Law, And Father-Absence In Low-Income Families, Laurie S. Kohn

Cardozo Law Review

No abstract provided.

Caressing The Big Fish? A Critique Of Icc Trial Chamber V(A)'S Decision To Grant Ruto's Request For Excusal From Continuous Presence At Trial, Thomas Obel Hansen

Cardozo Journal of International and Comparative Law

The article critiques the ICC Trial Chamber V(a)'s decision to excuse William Ruto from continuous presence at his trial, arguing that this decision misinterprets Articles 63 and 27 of the Rome Statute. The Chamber's reliance on "exceptional circumstances" and Ruto's official status as Vice President of Kenya undermines the principle of equality before the law and sets a problematic precedent for future cases involving high-ranking officials.

Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle

Cardozo Journal of International and Comparative Law

The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.

Banished For Life: Deportation Of Juvenile Offenders As Cruel And Unusual Punishment, Beth Caldwell

Cardozo Law Review

No abstract provided.

Hess V. Chief Of General Staff, Edna Arbel, Hanan Melcer, Yoram Danziger

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.] 

A petition to direct the introduction of a military order prohibiting the use of white phosphorus for any purpose in settled areas and other civilian sites, as well as any use of arms containing white phosphorus in any situation in which there is an alternative weapon that is less dangerous to humans and that is capable of achieving an equal or similar military advantage. …

The Irony Of A Faustian Bargain: A Reconsideration Of The Supreme Court's 1953 United States V. Reynolds Decision, David Rudenstine

Cardozo Law Review

No abstract provided.

Tel Aviv-Jaffa District Commander V. Israel Internet Association, Uzi Vogelman, Asher Grunis, Noam Sohlberg

Translated Opinions

Facts: In August 2010, the Israel Police ordered major Israeli Internet access providers to block access to eight gambling websites operating outside the State of Israel. The orders were based on section 229 of the Penal Law that permits the District Police Commander to order the closure of any illegal gaming, lottery, or gambling place. The access providers complied with the orders and the Israel Internet Association petitioned the Administrative Affairs Court against the District Commander, contesting the closure, in the interests of Israeli web-users and the general public. The Internet access providers did not petition against the closure of …

Doe Co., Ltd V. Doe, Uzi Vogelman, Isaac Amit, Esther Hayut

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.]

The Supreme Court (Justice Vogelman, Justices Hayut and Amit, concurring) granted leave to appeal, upheld the appeal and ruled as follows.

The Court considered the proceedings on the premise that the provisions of section 70(e1) of the Courts Act [Consolidated Version], 5744-1984 (hereinafter – the “Act”), which refers to a “suspect” as defined in section 70(e2) of the Act “as someone against whom a …

Dispute System Design: A Comparative Study Of India, Israel And California, Janet Martinez, Sheila Purcell, Hagit Shaked-Gvili, Mohan Mehta

Cardozo Journal of Conflict Resolution

Alternative dispute resolution ("ADR") is practiced around the world with myriad approaches, though not without common ground. In an increasingly interconnected world, the sharing of this knowledge and experience has become a natural and even necessary step in the evolution of ADR. Professor Frank Sander, of Harvard Law School, spoke at the Pound Conference in 1976 and posed the notion of the multi-door courthouse, a concept that led to the development of ADR process options in courts throughout the country.

Arbitration And The Future Of Delaware's Corporate Law Franchise, Brian Jm Quinn

Cardozo Journal of Conflict Resolution

On September 9, 2011, Skyworks Solutions, Inc. ("Skyworks") and Advanced Analogic Technologies Incorporation ("AATI") entered into a merger agreement. The agreement included an uncommon provision with respect to dispute resolution. In part, that provision stated, "the parties hereto agree that any and all disputes arising under or related in any way to this Agreement or the Transactions shall be resolved solely in arbitration before the Court of Chancery of the State of Delaware. " Until AATI later sought specific performance of the merger agreement via arbitration pursuant to that provision, little notice had been paid by outside observers to the …

The International Criminal Court Ten Years Later: Appraisal And Prospects, Joseph M. Isanga

Cardozo Journal of International and Comparative Law

The International Criminal Court (ICC) faces significant challenges in achieving its objectives of deterrence, retribution, and ending impunity, primarily due to slow procedures, lack of state cooperation, and perceptions of bias. While the ICC has made qualitative contributions to international criminal law, its effectiveness is undermined by procedural inefficiencies, political interference, and limited enforcement mechanisms. The court's reliance on the complementarity principle and state cooperation highlights the tension between its judicial and political roles, with its future success contingent on addressing these systemic issues.

Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson

Cardozo Journal of International and Comparative Law

The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.

Born Lost: Stateless Children In International Surrogacy Arrangements, Tina Lin

Cardozo Journal of International and Comparative Law

The note examines the legal and humanitarian challenges posed by statelessness in children born through international surrogacy arrangements, particularly in countries like India and Ukraine, where lax regulations and conflicting nationality laws create legal limbo for surrogate children. It argues that the best interests of the child should guide legal reforms and judicial decisions to prevent statelessness and ensure citizenship rights. The analysis emphasizes the need for domestic and international legal frameworks to address the gaps in nationality acquisition and surrogacy regulation.

Tzedek Tzedek Tirdofi: How Female Religious Court Advocates Can Mitigate A Lack Of Judicial Review Of The American Beth Din System, Raquel J. Greenberg

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Increasing Referrals To Small Claims Mediation Programs: Models To Improve Access To Justice, Heather Scheiwe Kulp

Cardozo Journal of Conflict Resolution

The justice system is in crisis. In 2011, 85% of Connecticut's family court cases had at least one self-represented litigant. In Massachusetts, 92% of parties appearing in housing cases are selfrepresented. New York saw self-representation in 97% of child support cases. Although judges and attorneys are learning to adapt to this new reality, the strain is felt strongly by bench and bar alike.

This article explores a service that many courts already offer-small claims mediation-and studies how courts may more effectively refer parties to such services. Specifically, this article identifies six primary models courts use to refer parties to small …

State Courts Or Adr In Nazi-Era Art Disputes: A Choice "More Apparent Than Real"?, Christa Roodt

Cardozo Journal of Conflict Resolution

This article explores the first and arguably most important procedural choice a party can make when instituting a claim in respect to Nazi-era art, namely between alternative dispute resolution ("ADR") and state court litigation. A sound analysis of the meeting points and potential conflicts of processes involving administrative bodies, ADR fora and the judiciary can contribute to more effective law reform.