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Yeshiva University, Cardozo School of Law

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Articles 331 - 360 of 546

Full-Text Articles in Courts

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse Jan 2006

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

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What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios Jan 2006

What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.

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Legal Dentistry: How Attorney's Fees And Certain Procedural Mechanisms Can Give Rule 68 The Necessary Teeth To Effectuate Its Purposes, Daniel Glimcher Jan 2006

Legal Dentistry: How Attorney's Fees And Certain Procedural Mechanisms Can Give Rule 68 The Necessary Teeth To Effectuate Its Purposes, Daniel Glimcher

Cardozo Law Review

No abstract provided.

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Section 1782(A) After Intel: Reconciling Policy Considerations And A Proposed Framework To Extend Judicial Assistance To International Arbitral Tribunals, Daniel A. Losk Nov 2005

Section 1782(A) After Intel: Reconciling Policy Considerations And A Proposed Framework To Extend Judicial Assistance To International Arbitral Tribunals, Daniel A. Losk

Cardozo Law Review

No abstract provided.

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Outsourcing And Collective Bargaining: A "Win-Win" For Employers And Employees, Shelby Silverman Oct 2005

Outsourcing And Collective Bargaining: A "Win-Win" For Employers And Employees, Shelby Silverman

Cardozo Journal of International and Comparative Law

The note argues that the National Labor Relations Act (NLRA) framework effectively promotes negotiation over outsourcing decisions, aligning with Congress's intent to foster industrial peace through collective bargaining. Despite challenges in modern labor markets, the legal framework encourages mutual negotiation, driven by uncertainty and the desire to avoid disputes.

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Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe Apr 2005

Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the Families for Teens Initiative, which focuses on engaging teenagers in the foster care system to identify and connect with family resources that are often overlooked. The initiative aims to prevent poor outcomes such as homelessness and incarceration by emphasizing the importance of maintaining family connections and providing normal developmental opportunities for teens.

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Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados Apr 2005

Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados

Cardozo Journal of International and Comparative Law

The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.

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The Role Of Courts In Preventing International Child Abduction, Deborah M. Zawadzki Apr 2005

The Role Of Courts In Preventing International Child Abduction, Deborah M. Zawadzki

Cardozo Journal of International and Comparative Law

The note argues that international child abduction is a growing issue exacerbated by globalization, with existing legal frameworks like the Hague Convention and the International Parental Kidnapping Crime Act (IPKCA) proving insufficient to address the problem. It advocates for a more proactive role for U.S. courts in preventing abductions through legislative support and comprehensive preventative measures, emphasizing the need for state-level reforms, such as Texas’s H.B. 1899, to fill gaps in current laws and protect children at risk

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Interrogation Warrants, Russell D. Covey Apr 2005

Interrogation Warrants, Russell D. Covey

Cardozo Law Review

No abstract provided.

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State Of Israel V. Peretz, Dorit Beinisch, Eliahu Mazza, Mishael Cheshin, Aharon Barak, Jacob Turkel, Eliezer Rivlin, Ayala Procaccia, Edmond E. Levy, Asher Grunis Mar 2005

State Of Israel V. Peretz, Dorit Beinisch, Eliahu Mazza, Mishael Cheshin, Aharon Barak, Jacob Turkel, Eliezer Rivlin, Ayala Procaccia, Edmond E. Levy, Asher Grunis

Translated Opinions

Facts: In two unrelated cases, the prosecution and the defence made a plea bargain in the trial court that was subsequently rejected by the trial court, and the respondents were given stricter sentences than the ones recommended to the court in the plea bargain. The respondents appealed against the strictness of the sentences. In the appeals, which were heard jointly, the state defended the sentences that were handed down by the trial courts, rather than the plea bargains that were originally made by the state. The appeals were allowed, but the court expressed different views on the question whether …

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The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin Mar 2005

The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin

Cardozo Law Review

No abstract provided.

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Worries In A Limitless World, Renata Salecl Feb 2005

Worries In A Limitless World, Renata Salecl

Cardozo Law Review

No abstract provided.

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Mediation And Justice: What Standards Govern?, Joseph B. Stulberg Jan 2005

Mediation And Justice: What Standards Govern?, Joseph B. Stulberg

Cardozo Journal of Conflict Resolution

I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.

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Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik Jan 2005

Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik

Cardozo Law Review

How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …

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Civil Rights Liability Of Private Entities, Barbara Kritchevsky Nov 2004

Civil Rights Liability Of Private Entities, Barbara Kritchevsky

Cardozo Law Review

No abstract provided.

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The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz Nov 2004

The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz

Cardozo Law Review

No abstract provided.

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The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker Apr 2004

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

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Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck Mar 2004

Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck

Cardozo Law Review

No abstract provided.

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The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh Jan 2004

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

This Article will consider mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article will outline how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation's citizens as "justice." The Article will then highlight particular aspects of the changing picture of the American civil justice system to suggest that today's sprawling and multitiered structure is increasingly disengaged from its democratic roots. Finally, the Article …

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Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn Jan 2004

Choosing Liberty Over Equality And Sacrificing Both: Equal Protection And Due Process In Lawrence V. Texas, Andrew J. Seligsohn

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas, arguing that the Court's reliance on substantive due process under the Due Process Clause, rather than the Equal Protection Clause, undermines the broader equality concerns faced by the LGBTQ+ community. By prioritizing liberty over equality, the Court missed an opportunity to establish a more robust legal foundation for future LGBTQ+ rights, leaving the decision vulnerable to challenge and failing to address the systemic discrimination against gays and lesbians.

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The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz Jan 2004

The Myth Of Habitual Residence: Why American Courts Should Adopt The Delvoye Standard For Habitual Residence Under The Hague Convention On The Civil Aspects Of International Child Abduction, Stephen E. Schwartz

Cardozo Journal of Equal Rights & Social Justice

The article critiques the challenges in determining "habitual residence" under the Hague Convention on the Civil Aspects of International Child Abduction (HCCAICA), particularly for neonates. It argues that existing standards, such as the settled purpose and Friedrich standards, are overly rigid and unsuitable for infants who cannot form intent. The Delvoye standard is proposed as a more flexible and age-appropriate solution, emphasizing mutual parental intent and adapting to the child's maturity. By adopting this standard, the article contends that courts can better align with HCCAICA's goals of preventing abduction, ensuring prompt returns, and reducing inconsistent rulings.

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Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin Jan 2004

Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon Jan 2004

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

The 1993 amendments to Rule 11 of the Federal Rules of Civil Procedure successfully reduced both the number of sanctions motions and the chilling effect on meritorious claims, contrary to initial concerns that weaker sanctions would increase frivolous filings. By introducing a safe harbor provision and altering the timing of Rule 11 motions, the amendments mitigated hindsight bias and encouraged the withdrawal of non-meritorious claims without penalty. Empirical evidence, including judicial surveys and a decline in sanctions motions, confirms the amendments' effectiveness in balancing deterrence of frivolous litigation with protection of legitimate claims.

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Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson Dec 2003

Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson

Cardozo Public Law, Policy & Ethics Journal

The article explores the role of transitional justice in post-conflict societies, with a focus on the United Nations' efforts to address war crimes and promote reconciliation. It highlights the establishment of the Sierra Leone Special Court and the Truth and Reconciliation Commission as key mechanisms for accountability and healing. The article argues that transitional justice is essential for national reconciliation, democracy, and long-term peace, emphasizing the importance of balancing justice with the need to avoid destabilizing fragile post-conflict societies.

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The Constitution In Crisis Times, Jack N. Rakove Dec 2003

The Constitution In Crisis Times, Jack N. Rakove

Cardozo Public Law, Policy & Ethics Journal

The article examines the challenges the U.S. Constitution faces during crises, particularly in the context of the post-9/11 "War on Terror." It argues that terrorism represents a persistent condition rather than a traditional war, requiring a balanced approach to security and civil liberties. The author emphasizes the importance of constitutional checks on executive power and the role of Congress in ensuring civil liberties are protected during crises.

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An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles Oct 2003

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.

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Censorship, Repression Or Denial?: Unpacking The Symptom Of People V. Wu, Penelope Pether Aug 2003

Censorship, Repression Or Denial?: Unpacking The Symptom Of People V. Wu, Penelope Pether

Cardozo Law Review

No abstract provided.

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Cultural Heritage And Identity, Lucille A. Roussin Jul 2003

Cultural Heritage And Identity, Lucille A. Roussin

Cardozo Journal of International and Comparative Law

The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.

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Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait Apr 2003

Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait

Cardozo Journal of International and Comparative Law

The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.

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In Schultz We Trust: The Future Of Criminal Prosecution For Importers Of Illicit Cultural Property Under The National Stolen Property Act, Robert S. Schwartz Apr 2003

In Schultz We Trust: The Future Of Criminal Prosecution For Importers Of Illicit Cultural Property Under The National Stolen Property Act, Robert S. Schwartz

Cardozo Journal of International and Comparative Law

The National Stolen Property Act (NSPA) is a cornerstone in prosecuting individuals involved in the illegal trade of cultural property, though its effectiveness is constrained by the requirement that source countries nationalize ownership of their cultural heritage. The Cultural Property Implementation Act (CPIA), as the U.S. implementation of the 1970 UNESCO Convention, introduces a certification system and criminal penalties for document falsification, potentially overlapping with the NSPA. The interplay between these laws, particularly in cases like *United States v. McClain* and *United States v. Schultz*, shapes the future of criminal prosecutions in cultural property cases, emphasizing the need to address …

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