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Articles 241 - 270 of 546
Full-Text Articles in Courts
Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts, James Fantau
Cardozo Journal of International and Comparative Law
The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.
The Demise Of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
The Demise Of Class Actions Will Not Be Televised, Benjamin Sachs-Michaels
Cardozo Journal of Conflict Resolution
As evidenced by two recent Cardozo Journal of Conflict Resolution articles, class action waivers in arbitration clauses are currently a hot topic in the field of conflict resolution. With increasing frequency, arbitrators and courts are presented with class action waivers in compulsory arbitration agreements prohibiting the aggregation of claims. This Note argues that some courts have reversed course in their treatment of class action waivers contained in arbitration clauses. There is a new movement to find class waivers, and the arbitration clauses that harbor them, unenforceable. This Note further argues that while plaintiffs uniformly oppose class action waivers, defendants widely …
Alternative Dispute Resolution Expands Into Pre-Trial Practice: An Introduction To The Role Of E-Neutrals, Allison O. Skinner
Alternative Dispute Resolution Expands Into Pre-Trial Practice: An Introduction To The Role Of E-Neutrals, Allison O. Skinner
Cardozo Journal of Conflict Resolution
Alternative dispute resolution is a viable tool for case management. The use of a third party neutral for resolving discovery disputes and related pre-trial issues offers litigants an alternative for managing the pre-trial phase of a lawsuit in an efficient manner. Alternative dispute resolution is expanding into pre-trial practice in response to two forces: 1) Judicial budgetary constraints; and 2) E-discovery. Both factors require litigants to approach discovery in a manner that meets Federal Rule of Civil Procedure 1-"just, speedy and inexpensive determination of every action and proceeding"-and Federal Rule of Civil Procedure 37-"Failure to Make Disclosures or to Cooperate …
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
Cardozo Journal of Conflict Resolution
This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
Cardozo Journal of Conflict Resolution
This Note argues that the ECJ's West Tankers decision to ban an anti-suit injunction in Europe, coupled with the recent European Commission's reform proposals to govern arbitration within the jurisdictional framework of the Brussels Regulation No. 44/ 2001 ("Brussels Regulation"), directly clash with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and practically amount to a blanket rule that bars English courts from upholding arbitration agreements.
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Use Of The Intent Doctrine To Expand The Rights Of Intended Homosexual Male Parents In Surrogacy Custody Disputes, Perri Koll
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the expansion of parental rights for homosexual male couples through surrogacy by promoting the intent doctrine and amending existing laws. It highlights the inconsistency in legal approaches across states and suggests that recognizing intended parenthood, regardless of sexual orientation, is essential for equality. The proposed solutions include adopting the intent doctrine nationwide and revising the Uniform Parentage Act to include same-sex couples.
Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López
Is The "Post" In Post-Racial The "Blind" In Colorblind?, Ian F. Haney López
Cardozo Law Review
No abstract provided.
Israel Oil Refineries Ltd. V. New Hampshire Insurance, Edna Arbel, Elyakim Rubinstein, Eliezer Rivlin
Israel Oil Refineries Ltd. V. New Hampshire Insurance, Edna Arbel, Elyakim Rubinstein, Eliezer Rivlin
Translated Opinions
Facts: The Tel Aviv District Court granted a petition for the recognition of a judgment rendered by an English court, which had declared that an insurance policy issued by the respondent (New Hampshire Insurance) to an Israeli company, Oil Refineries Ltd. – the appellant – was void on the grounds that a substantial matter had not been disclosed to the issuer. The respondent brought the action in the English court after its sibling company (AIG Europe, which had underwritten the policy) had been served a third party notice in an Israeli proceeding brought against the appellant. The District Court …
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig
Cardozo Law Review
No abstract provided.
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
Cardozo Law Review
No abstract provided.
The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial, Christian Delage
The Place Of The Filmed Witness: From Nuremberg To The Khmer Rouge Trial, Christian Delage
Cardozo Law Review
No abstract provided.
Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield
Shakespeare On Screen: A Window To The Soul Of Law, Paul Raffield
Cardozo Law Review
No abstract provided.
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
A Practical Framework For Preventing "Mistrial By Twitter", Ebony Nicolas
A Practical Framework For Preventing "Mistrial By Twitter", Ebony Nicolas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Child Custody: Don't Worry, A Bet Din Can Get It Right, Jeffrey Haberman
Child Custody: Don't Worry, A Bet Din Can Get It Right, Jeffrey Haberman
Cardozo Journal of Conflict Resolution
This Note aims to explore the reasoning behind the state's reluctance to accept arbitration, including that of the bet din, as a means of resolving child custody disputes. The Note highlights the advantages of arbitration, both in general and when used to determine child custody. The Note examines the arguments proffered by the courts to justify the view that they, and not outside arbitrators, best resolve child custody battles. This Note argues that when two parties agree to arbitrate their divorce settlement before a bet din, the award should be given the same deference as a bet din's resolution of …
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa
Cardozo Journal of Equal Rights & Social Justice
The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Cardozo Law Review
No abstract provided.
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Disclosure Of Juror Identities To The Press: Who Will Speak For The Jurors?, Kenneth J. Melilli
Cardozo Public Law, Policy & Ethics Journal
The article argues that courts misapply the First Amendment right of access by disclosing juror identities, which can lead to harassment. It advocates for concealing juror information to protect them, similar to how soldiers are protected after service. The solution proposed is to respect jurors' preferences regarding disclosure.
Privacy In The Age Of Tracking Technology: Why G.P.S. Technology Should Not Be Used To Track Process Servers, Talia E. Neri
Privacy In The Age Of Tracking Technology: Why G.P.S. Technology Should Not Be Used To Track Process Servers, Talia E. Neri
Cardozo Public Law, Policy & Ethics Journal
The article argues that the expansion of GPS technology in the process service industry and workplace surveillance raises significant Fourth Amendment concerns, as it erodes privacy expectations and creates a chilling effect on personal autonomy. While courts have upheld the use of GPS in certain employment contexts, the author contends that such surveillance often outweighs its benefits, particularly when less intrusive alternatives are available. The analysis critiques the legal standards governing surveillance, particularly the "readily available" standard from United States v. Kyllo, and advocates for a more balanced approach that prioritizes privacy protections.
The Future For Collected Prosecutorial Evidence At The International Criminal Tribunal For Rwanda, Gerda Visser
The Future For Collected Prosecutorial Evidence At The International Criminal Tribunal For Rwanda, Gerda Visser
Cardozo Public Law, Policy & Ethics Journal
The article focuses on the International Criminal Tribunal for Rwanda (ICTR) and its Office of the Prosecutor (OTP), emphasizing the need to balance the preservation of sensitive information with the public's right to access historical records. It highlights the ICTR's role in developing international criminal law standards and the challenges of managing its vast archive, particularly regarding witness protection, privacy, and future prosecutions. The article proposes establishing an international judicial archive with a legal reviewing body to oversee access to the OTP database, ensuring transparency while safeguarding sensitive data.
Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky
Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky
Cardozo Journal of International and Comparative Law
The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.
Making The Interests Of The Child Paramount: Representation For Children In The Hague Convention On The Civil Aspects Of International Child Abduction, Elizabeth Pitman
Making The Interests Of The Child Paramount: Representation For Children In The Hague Convention On The Civil Aspects Of International Child Abduction, Elizabeth Pitman
Cardozo Journal of International and Comparative Law
The Hague Convention on the Civil Aspects of International Child Abduction, while innovative in addressing child welfare, fails to ensure children's independent representation in proceedings, undermining their ability to voice their interests. This Note advocates for amending the Convention to require legal representation for children in all cases, aligning it with the United Nations Convention on the Rights of the Child (CRC), which guarantees children the right to express their views in judicial proceedings. The absence of such representation leads to incomplete records and inadequate protection of children's best interests, as highlighted by cases like Arianna Adan. Ensuring independent …
From The Chair, Lela P. Love
Islamic Headscarves And Slippery Slopes, Murat Borovali
Islamic Headscarves And Slippery Slopes, Murat Borovali
Cardozo Law Review
No abstract provided.
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Cardozo Law Review
No abstract provided.
Religious Arguments And The United States Supreme Court: A Review Of Amicus Curiae Briefs Filed By Religious Organizations, Andrew S. Mansfield
Religious Arguments And The United States Supreme Court: A Review Of Amicus Curiae Briefs Filed By Religious Organizations, Andrew S. Mansfield
Cardozo Public Law, Policy & Ethics Journal
The article examines the role of religious organizations in shaping legal arguments before the Supreme Court, particularly in cases involving morally charged issues. It highlights the tension between the Court's avoidance of explicit religious discussions in its decisions and the significant influence of religious amicus briefs. The analysis reveals two primary approaches: limiting religion's role in government and advocating for religion's active participation in public life to define a common good. The Court's silence on religious matters contrasts with the substantial religious arguments presented in briefs, which often emphasize ethical and legal perspectives rooted in religious beliefs.
Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', Barbara Shapiro
Changing Language, Unchanging Standard: From 'Satisfied Conscience' To 'Moral Certainty' And 'Beyond Reasonable Doubt', Barbara Shapiro
Cardozo Journal of International and Comparative Law
The article explores the historical evolution of the "beyond reasonable doubt" standard in Anglo-American law, tracing its roots to earlier concepts such as "satisfied conscience" and "moral certainty." These ideas, influenced by Christian casuistry and Enlightenment thought, were integral to the development of legal evidence standards. The standard became a cornerstone of criminal jurisprudence, reflecting a shift from religious to secular language while maintaining a high threshold for conviction.
Purposivism And Institutional Competence In Statutory Interpretation, Michael Herz
Purposivism And Institutional Competence In Statutory Interpretation, Michael Herz
Articles
No abstract provided.