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Articles 181 - 210 of 862
Full-Text Articles in Criminal Law
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder
Corruption Abroad: From Conflict To Co-Operation: A Comparison Of French And American Law And Practice, Fred Einbinder
Cardozo International & Comparative Law Review
The article examines the divergent approaches of France and the United States in combating corporate foreign corruption, highlighting their shared commitment to addressing the issue but differing legal frameworks and practices. While the U.S. employs participatory, lawyer-led systems with tools like plea bargaining and whistleblowing, France's inquisitorial, state-centric model has historically resisted such practices. The enactment of Sapin 2 in France marks a shift toward integrating American-style anti-corruption mechanisms, such as the Convention Judiciaire d'Intérêt Public (CJIP), while preserving core principles of French criminal law. The analysis underscores the challenges and opportunities of cross-border enforcement and the evolving cooperation between …
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Cardozo International & Comparative Law Review
The United States appears to be going through a crisis of corruption. However, it is hard to know whether this is a matter of appearance or if the country is at risk of high levels of corruption making a comeback. The Article applies the equilibrium model of corruptionthe leading social science account of how corruption operates-to the current U.S. system, and shows that the United States may indeed be backsliding. The potential for corruption to creep back up is due to more than the political moment. Rather, it is the result ofpolitics combined with the relatively powerless institutional controls for …
Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick
Healers Or Dealers: The Effect Of Doctors Committing Health Care Fraud On The Opioid Epidemic, Peri Novick
Cardozo International & Comparative Law Review
The note argues that doctors who commit healthcare fraud by improperly prescribing opioids for personal gain should be held criminally liable for patient deaths resulting from their actions. It emphasizes that these physicians, often operating as "pill mills," violate ethical and legal standards, contributing significantly to the opioid epidemic. The analysis advocates for stronger legal enforcement and accountability to address this issue effectively.
Not Far Enough: The Rising Elderly Prison Population And Criminal Justice And Prison Reform Following The First Step Act Of 2018, Johnny Thach
Cardozo Journal of Equal Rights & Social Justice
The First Step Act of 2018, while representing a modest advancement in criminal justice reform, falls short of achieving meaningful change, particularly for elderly prisoners and those with disabilities. Despite its provisions for compassionate release and recidivism assessment, the Act is criticized for its restrictive eligibility criteria, lack of retroactive sentencing reforms, and insufficient oversight of the Bureau of Prisons (BOP). The note argues that the Act’s limitations perpetuate systemic issues, such as inadequate medical care and high mortality rates among elderly prisoners, highlighting the need for more comprehensive reforms to address these concerns effectively.
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
A Third-Party Doctrine For Digital Metadata, H. Brian Holland
Cardozo Law Review
No abstract provided.
Strategies For Emergency Release Of Incarcerated People During Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, Meg Tiley
Strategies For Emergency Release Of Incarcerated People During Covid-19 Outbreak, Sara Alvarez, Andrew Kopke, Mariel Stein, Meg Tiley
Student Articles & Notes
Students in Cardozo's Criminal Defense Clinic partnered with the Office of the Appellate Defender to outline legal strategies to advocate for the release of incarcerated people who are vulnerable to harm from COVID-19.
Get Out Of Jail Free Testimony And Other Examples Of Interest-Based Bargaining In The Criminal Justice System, Michael Rogers, Maria Garrett, Aaron Dekel
Get Out Of Jail Free Testimony And Other Examples Of Interest-Based Bargaining In The Criminal Justice System, Michael Rogers, Maria Garrett, Aaron Dekel
Cardozo Journal of Conflict Resolution
If you do the crime, you must do the time. Well, upon reflection, maybe not always. In the O.J. Simpson Las Vegas robbery case, his accomplices (the "O.Js") who cooperated with the prosecutor following their arrests were all sentenced to probation. The crime of robbery, particularly aggravated robbery, usually results in a lengthy prison sentence. So, why not here? That is because a criminal's most valuable, tradable currency is information. And, in this case, the O.J.s furthered the prosecutor's interest of convicting the bigger fish, or the higher priority defendant, by providing information and testimony to materially assist in convicting …
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Have Problem-Solving Courts Changed The Practice Of Law?, Cynthia Alkon
Cardozo Journal of Conflict Resolution
No abstract provided.
Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe
Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe
Cardozo Journal of Conflict Resolution
No abstract provided.
Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood
Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood
Cardozo Journal of Conflict Resolution
This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …
Arbitrating With The Mafia: Why Civil Rico Statutes Are Improperly Used And How Class Action Arbitration May Provide Just Compensation For Forgotten Victims, Max Steinberg
Cardozo Journal of Conflict Resolution
From the nineteenth century onward, the United States has been overwhelmed by the rise of organized crime. For generations, criminal organizations have "infiltrated the social and economic fabric" of society and committed heinous crimes in almost every way imaginable. For decades, pop culture and Hollywood have been infatuated with criminal organizations. Movies, television shows, books, and podcasts have portrayed these organizations as interesting and complex entities. In most cinematic programs, the leaders of these mob organizations are the protagonists. Hollywood may portray fictional mob bosses as such, but in reality, their organizations often contain ruthless murderers. What seems to get …
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Cardozo Arts & Entertainment Law Journal
The note examines the transformative impact of digital platforms on traditional media and the legal challenges arising from this shift, advocating for updated regulations to ensure accessibility, fairness, and public interest. It argues that the rapid evolution of technology has outpaced regulatory frameworks, necessitating reforms to address media consolidation, accessibility for individuals with disabilities, and the role of the FCC in overseeing new media platforms.
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
Cardozo Law Review de•novo
This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.
Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky
Where Drugs Are Involved, Universities Offer Education And Rehabilitation, While The Juvenile Justice System Offers Detention And Punishment: Why Juvenile Drug Courts Are The Answer, Samantha Balanevsky
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Katz In The Cradle: The Second Justice Harlan And Reasonable Expectations Of Privacy In Electronic Transactional Information, Zachary Silver
Cardozo Law Review
No abstract provided.
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Killer's Code: Familial Dna Searches Through Third-Party Databases Under Carpenter, Jesse Kitnick
Cardozo Law Review
No abstract provided.
From Decarceration To E-Carceration, Chaz Arnett
From Decarceration To E-Carceration, Chaz Arnett
Cardozo Law Review
Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to theircommunities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of …
The Right To Stay: The Suspension Clause, Constitutional Avoidance, And Federal District Court Jurisdiction To Grant Stays Of Removal Despite 8 U.S.C. Sec. 1252(G), Yael Ben Tov
Cardozo Law Review
No abstract provided.
Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo
Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo
Cardozo International & Comparative Law Review
Former U.S. National Security Advisor John R. Bolton has announced that as an official Trump Administration national security policy, the USA will not support the International Criminal Court (ICC) and instead will work for its demise. At issue here is a concept of global justice versus insistence on US global hegemony and a Pax Americana. Here, the author argues against Bolton's position rejecting the legitimacy of international law and the ICC. Bolton 's appeal to a principle of consent must yield to a principle of salience, as defended by Ronald Dworkin; a concept ofjustice, as advocated by Amartya Sen; and …
The State Of Juvenile Diversion In Kosovo, Jason R. Tashea
The State Of Juvenile Diversion In Kosovo, Jason R. Tashea
Cardozo International & Comparative Law Review
Through original, in-country interviews and research, this Article will introduce Kosovo's current juvenile diversion system and the need for its continued improvement. Kosovo-Europe 's youngest country-has instituted juvenile diversion, mediation, and educational alternatives to the traditional criminal justice system. This is positive progress, since research shows that children are developmentally more susceptible to reform and reeducation than adults. Thus, rehabilitating a child instead ofpunishing him lessens the chance the child will recommit a crime. However, there is evidence-informed by interviews with national and local stakeholders-that there is still room for procedural and statutory changes to expand the adoption, use, and …
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Climate Of Fear: Admission Of Prior Bad Acts To Establish Coercion In Human Trafficking Cases, Masha Simonova
Cardozo Journal of Equal Rights & Social Justice
The article argues that evidence of a defendant's prior bad acts, such as gang membership or violent behavior, should be admissible in human trafficking cases to establish coercion. This evidence is crucial for demonstrating the "climate of fear" created by traffickers, which is central to proving coercion under the Trafficking Victims Protection Act (TVPA). The author contends that such evidence is not only intrinsic to the crime but also admissible under Federal Rule of Evidence 404(b) for permissible purposes, such as proving intent, knowledge, or modus operandi.
Federal Criminal Risk Assessment, Brandon L. Garrett
Federal Criminal Risk Assessment, Brandon L. Garrett
Cardozo Law Review
No abstract provided.
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
Cardozo Law Review
No abstract provided.
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
Cardozo Law Review
No abstract provided.
The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan
The Right To Appointed Counsel: The Case For Unaccompanied Immigrant Children, Amanda Kavita Sewanan
Cardozo Law Review
No abstract provided.
We The People: These United Divided States, Catherine Powell
We The People: These United Divided States, Catherine Powell
Cardozo Law Review
In the wake of President Trump's announcement that he will withdraw the United States from the 2015 Paris Agreement on climate change, then-California Governor Jerry Brown called on the President to fight climate change or to "get out of the way" while the rest of the world works to reduce emissions and invest in clean energy. Similarly, former New York City Mayor Michael Bloomberg-now a United Nations (U.N.) Special Envoy for Cities and Climate Change-said, "If Washington won't lead, then mayors and governors will." Indeed, Trump's threat to withdraw has not only been met with widespread criticism and derision abroad …
Arthur Jacobson And The Normativity Of Jewish Law, Uriel Procaccia
Arthur Jacobson And The Normativity Of Jewish Law, Uriel Procaccia
Cardozo Law Review
Arthur Jacobson has been for several decades a leading expert in contract law; he was recruited to edit the supplement of the most respected treatise on the subject, Corbin on Contracts, and has shared his expertise, to great acclaim, with generations of colleagues and students. His interest in Jewish Law, on the other hand, is of a more recent vintage. But it appears that since this recent calling took a grip on his mind it captured his intellectual curiosity to the point of dominating the rich array of his other inquisitive interests with the sole exception, perhaps, of his …
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
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 …
Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield
Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield
Cardozo International & Comparative Law Review
The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.