Courts Commons^™

Preface By The Special Editor: A Benediction, An Exhortation, Michael Pantazakos

Cardozo Law Review

In honor of Arthur Jacobson, may we study the works offered herein with both diligence and delight as a living benediction.

Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman

Cardozo Law Review

In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by …

Settling In The Shadow Of Sex: Gender Bias In Marital Asset Division, Jennifer Bennett Shinall

Cardozo Law Review

Divorce has a long history of economically disempowering women. From the time of coverture to the era of modern divorce reform, women have been persistently disadvantaged by divorce relative to men. Family law scholars have long attributed this disadvantage to the continued prevalence of traditional gender roles and the failure of current marital asset division laws to account adequately for this prevalence. In spite of the progress made by the women's movement over the past half-century, married, heterosexual women endure as the primary caretaker in the majority of households, and married, heterosexual men endure as the primary breadwinners. Undoubtedly, women …

Reconstructing The Rule Of Lenity, David S. Romantz

Cardozo Law Review

No abstract provided.

Widening The Lens: Refocusing The Litigation Cost-And-Delay Narrative, Arthur R. Miller

Cardozo Law Review

No abstract provided.

Marbury V. Madison In The U.K.: Brexit And The Creation Of Judicial Supremacy, David Campbell

Cardozo Law Review

The article argues that the UK Supreme Court's decision in *Miller* (R (Miller) v. Secretary of State for Exiting the European Union) marks a significant shift in the UK's constitutional framework, establishing judicial supremacy akin to the US Supreme Court's role following *Marbury v. Madison*. This shift occurred through the court's assertion of authority to instruct Parliament, challenging the traditional sovereignty of Parliament and creating a de facto constitutional court without explicit public or political debate.

The Core Case For Weak-Form Judicial Review, Rosalind Dixon

Cardozo Law Review

This Article contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is "weak"-or broad but non-final-rather than "strong"-form in nature. Judicial review of this kind, the article argues, can help counter blockages in the legislative process-such as legislative "blind spots" and "burdens of inertia"-that can otherwise impair the enjoyment of individual rights even of a kind recognized by democratic majorities. This, the Article suggests, provides an important, if contingent, outcome-based case in favor of courts exercising powers of weak-form review. The case for weak judicial review of …

Court Transparency And The First Amendment, David S. Ardia

Cardozo Law Review

"Publicity is the very soul of justice," legal philosopher Jeremy Bentham once warned.1 Regrettably, lady justice is at risk of losing her soul. In courts across the country, secrecy is increasingly the norm. Indeed, the extent of secrecy in American courts is astonishing, especially given the assumption by many that the First Amendment guarantees a right of public access to the courts. In reality, the United States Supreme Court has explicitly held only that there is a First Amendment right of public access to criminal trials and pre-trial proceedings. The Court has never addressed the question of whether there is …

The Chief Justice And Statutory Construction: Holding The Government's Feet To The Fire, Pratik A. Shah

Cardozo Law Review

The article examines Chief Justice John Roberts' approach to statutory construction, highlighting his tendency to limit government overreach by narrowly interpreting statutes, particularly in federal criminal law and agency deference cases. His decisions reflect a commitment to curbing prosecutorial and agency discretion, ensuring the government operates within legal boundaries.

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.

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.

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.

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

Cardozo Law Review

No abstract provided.

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.

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

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

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.

A New Paradigm: Domicile As The Exclusive Basis For The Exercise Of General Jurisdiction Over Individual Defendants, Emily Eng

Cardozo Law Review

No abstract provided.

The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet

Cardozo Law Review

No abstract provided.

Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth

Cardozo Law Review

No abstract provided.

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Cardozo Law Review

No abstract provided.