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Criminal Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 691 - 720 of 862

Full-Text Articles in Criminal Law

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger Jan 2002

The Dangers Of Mediation In Domestic Violence Cases, Sarah Krieger

Cardozo Journal of Equal Rights & Social Justice

The note argues that mandatory mediation in family law cases involving domestic violence undermines the progress made by the battered women's movement by re-privatizing domestic violence issues. Mediation, while intended to resolve disputes amicably, fails to address the inherent power imbalance in abusive relationships and risks further victimizing survivors. The privatization of these disputes through mediation diminishes accountability for abusers and erodes legal protections for victims.

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Solving The Apprendi Puzzle, Kyron Huigens Jan 2002

Solving The Apprendi Puzzle, Kyron Huigens

Articles

No abstract provided.

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A Primer On Rough Sets: A New Approach To Drawing Conclusions From Data, Zdzisław Pawlak Jul 2001

A Primer On Rough Sets: A New Approach To Drawing Conclusions From Data, Zdzisław Pawlak

Cardozo Law Review

Rough set theory is a new mathematical approach to vague and uncertain data analysis. This Article explains basic concepts of the theory through a simple tutorial example and briefly outlines the application of the method to drawing conclusions from factual data. The presented approach can be used in some kind of legal reasoning.

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The Newness Of New Technology, Monroe E. Price Jul 2001

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

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True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman Jul 2001

True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman

Cardozo Law Review

No abstract provided.

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Causality And Responsibility, Glenn Shafer Jul 2001

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.

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Chinese Population Transfer In Tibet, John S. Hall Apr 2001

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

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Har-Shefi V. State Of Israel, Mishael Cheshin, Jacob Turkel, Eliezer Rivlin Feb 2001

Har-Shefi V. State Of Israel, Mishael Cheshin, Jacob Turkel, Eliezer Rivlin

Translated Opinions

Facts: The appellant Margalit Har-Shefi was tried before the Magistrate’s Court in Tel-Aviv-Jaffa and convicted of the offense of neglect to prevent a felony (and of another offense, of which she was acquitted).  It was held that although the appellant knew that a man named Yigal Amir was plotting to murder the Prime Minister of Israel, Yitzhak Rabin, she did not take reasonable means to prevent the commission of the felony.  The conviction was appealed to the District Court and the appeal was upheld by a majority of judges.  Leave was given to appeal the District’s Court’s decision.  The appellant …

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A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka Jan 2001

A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka

Cardozo Journal of International and Comparative Law

The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.

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The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel Jan 2001

The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel

Cardozo Journal of International and Comparative Law

The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.

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Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas Jan 2001

Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.

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White House Anti-Drug Policy: Statutory And Constitutional Implications, Ariel Berschadsky Jan 2001

White House Anti-Drug Policy: Statutory And Constitutional Implications, Ariel Berschadsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards Jan 2001

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.

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State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza Nov 2000

State Of Israel V. Kahane, Theodor Or, Aharon Barak, Shlomo Levin, Yaakov Kedmi, Dalia Dorner, Jacob Turkel, Eliahu Mazza

Translated Opinions

Facts: Further hearing in the judgment of the Supreme Court (President A.  Barak and Justices A. Goldberg and E. Mazza) dated March 2, 1998 in CA 6696/96 Benyamin Kahane v. State of Israel, in which Benyamin Kahane was acquitted of offenses based on sections 133 and 134(c) of the Penal Code 5737-1977.  The acquittal overturned a conviction in the District Court which in turn had overturned an acquittal in the Magistrate’s Court.  Two main issues were under consideration in the further hearing.  The first dealt with the characteristics of the protected value or values in the offense of sedition …

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Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo Nov 2000

Down On The Corner: An Analysis Of Gang-Related Antiloitering Laws, Jocelyn L. Santo

Cardozo Law Review

No abstract provided.

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Aes Systems V. Sa'ar, Aharon Barak, Eliezer Rivlin, Theodor Or Aug 2000

Aes Systems V. Sa'ar, Aharon Barak, Eliezer Rivlin, Theodor Or

Translated Opinions

Facts: Appellant No.1 developed independent computer word processing systems. Appellant no. 2 was the exclusive distributer of the systems in Israel, and also provided its customers in Israel with maintenance and repair services. The respondent had been an employed by the appellant as a computer technician, and had at the time of his employment, signed both an agreement not to compete with the appellant in anything related to the marketing and repair of Linear systems, as well as an “Agreement to Protect Confidentiality,” according to which he was obligated to maintain the absolute confidentiality of information that he may obtain …

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Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi Jun 2000

Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi

Translated Opinions

Facts: The applicant was convicted in the District Court in Tel-Aviv-Jaffa of two offenses: the commission of rape under section 345(A)(1) of the Penal Law 5737-1977 and the commission of sodomy, an offense under section 347(A) of the Penal Law.  The applicant was sentenced to four years in prison, of which three years were of actual imprisonment and one year was on probation.  In addition the court ordered the applicant to compensate the complainant in the amount of NIS 10,000.  At the time the conviction was handed down, at the request of the applicant’s counsel, the District Court stayed …

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Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter May 2000

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.

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Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman Apr 2000

Breard And Beyond: The Status Of Consular Notification And Access Under The Vienna Convention, Howard S. Schiffman

Cardozo Journal of International and Comparative Law

The article examines the challenges and implications of enforcing Article 36 of the Vienna Convention on Consular Relations in the U.S., focusing on whether individuals can seek remedies for violations in U.S. courts. It highlights the legal ambiguities surrounding the treaty's self-executing status and the barriers foreign states face in enforcing it domestically. The author emphasizes the need for improved U.S. compliance to protect its citizens abroad and maintain international legal order.

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Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid Apr 2000

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

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Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles Feb 2000

Breaking The Code Of Silence: Rediscovering "Custom" In Section 1983 Municipal Liability, Myriam E. Gilles

Articles

No abstract provided.

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Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein Jan 2000

Criminal And Civil Parental Liability Statutes: Would They Have Saved The 15 Who Died At Columbine?, Eric P. Ebenstein

Cardozo Journal of Equal Rights & Social Justice

The note argues that current parental liability statutes in the United States are insufficient to hold parents accountable for their children's violent acts, such as the Columbine High School massacre. It advocates for strengthening these laws, particularly by adopting a negligence standard, to incentivize parents to monitor their children's activities more effectively and prevent such tragedies.

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Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown Jan 2000

Video Voyeurism, Privacy, And The Internet: Exposing Peeping Toms In Cyberspace, Clay Calvert, Justin Brown

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Rethinking The Penalty Phase, Kyron Huigens Jan 2000

Rethinking The Penalty Phase, Kyron Huigens

Articles

This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …

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Panel Two Commentary, Marci A. Hamilton Jan 2000

Panel Two Commentary, Marci A. Hamilton

Articles

No abstract provided.

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How The Grinch Stole Chanukah, Isaac M. Jaroslawicz Dec 1999

How The Grinch Stole Chanukah, Isaac M. Jaroslawicz

Cardozo Law Review

No abstract provided.

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Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno Dec 1999

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.

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Conclusion, Jonathan S. Greene Oct 1999

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

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Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow Oct 1999

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow

Cardozo Journal of International and Comparative Law

The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …

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