Criminal Law Commons^™

Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill

Cardozo Journal of Conflict Resolution

No abstract provided.

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …

Plea Bargaining In Homicide Cases: An Empirical Exploration In One State, Michael O'Hear, Darren Wheelock

Cardozo Journal of Conflict Resolution

No abstract provided.

Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik

Cardozo Journal of Conflict Resolution

No abstract provided.

Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles

Seattle University Law Review

In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …

Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills

Seattle University Law Review

In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum

Seattle University Law Review

Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …

Criminal Law—Unfettered Discretion: Prosecutorial Discretion In The Aftermath Of Dobbs V. Jackson Women’S Health Org., Samual F. Pollock

University of Arkansas at Little Rock Law Review

No abstract provided.

Criminality And Inequity Under Canada's Legalization Of Cannabis: A Study Of Vancouver's Downtown Eastside, Stephanie Lake, Margot Young

All Faculty Publications

The origin of this essay reminds us of the importance of interdisciplinary collaboration to the development and assessment of public policy. It also demonstrates the serendipitous beginnings of many interesting inquiries. This collaboration was thus fortuitous: authors Lake and Young met during Lake’s doctoral dissertation defence. Young was on the examining committee. Lake presented a series of epidemiological studies (three of which are summarized below) involving the use of cannabis for therapeutic and harm reduction purposes among marginalized people who use drugs (PWUD) in Vancouver. Young’s lines of questioning involving the legal implications of Lake’s findings spurred the idea to …

The Visible Trial: Judicial Assessment As Adjudication, Tracey E. George, Albert H. Yoon

University of Colorado Law Review

Only a small fraction of lawsuits ends in trial—a phenomenon termed the “vanishing trial.” Critics of the declining trial rate see a remote, increasingly regressive judicial system. Defenders see a system that allows parties to resolve disputes independently. Analyzing criminal and civil filings in federal district court for the forty-year period from 1980 to 2019, we confirm a steady decline in the absolute and relative number of trials. We find, however, this emphasis on trial rate obscures courts’ vital role and ignores parties’ goals. Judges adjudicate disputes directly by ruling or effectively through other assessments of the parties’ cases. Even …

Bail And Mental Illness, Samuel Wiseman

Faculty Scholarship

In many parts of the United States, the bail system is strikingly unfair, imposing burdensome, and often unmeetable, financial conditions on pretrial liberty even for low-risk defendants. Reforms that reduce or eliminate cash bail and lower pretrial detention rates have made progress in recent years, but now face growing opposition even in generally progressive jurisdictions such as San Francisco and New York City. One source of this opposition is rising concern about crime—particularly crime associated with the unhoused, who disproportionately suffer from mental illness, including substance abuse disorder. This is not a coincidence, as one effect of a cash-bail system, …

Criminal Terms, Anna Roberts

Faculty Scholarship

No abstract provided.

Criminal Responsibility, Ken Levy

Book Sections

No abstract provided.

Bound To A Mast: Matelotage And The Queer Contract In Shakespeare's Twelfth Night And The Tempest, Agnese Palumbo

Comparative Literature M.A. Essays

Analyzing the language of a 1699 matelotage contract and locating that same terminology in Shakespeare’s maritime plays, this essay argues that there is a thematic and genealogical link between the contractual forms of homosocial union that existed during the premodern and early modern periods and the bonds shared by male characters in those plays where a “sea change” occurs. First, the essay delineates a history of matelotage and of contractual bonds; then, it establishes this homosocial dynamic as an additional point of inquiry for male relationships in Shakespeare. Critical attention has largely overlooked this queer contract, and prioritized a focus …

America Is Watching, But Are They Listening?, Nancy Kartos

Cardozo Arts & Entertainment Law Journal

The note examines the persistent issue of violence against Black people, particularly at the hands of police, and how social media has become a significant factor in hindering accountability. It draws historical parallels between past racial violence, such as lynchings during the Jim Crow era, and contemporary police brutality, highlighting how social media amplifies yet polarizes public discourse. The analysis critiques the legal system's failure to hold police accountable, with a focus on the doctrine of qualified immunity, and explores how political polarization exacerbates the problem. The note ultimately argues that without addressing these systemic and technological challenges, meaningful reform …

Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin

Cardozo Arts & Entertainment Law Journal

The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.

Beyond Problem-Solving Courts, Erin Collins

Law Faculty Publications

Problem-solving courts were borne out of a well-meaning experimentalist spirit, one that inspired judges to attempt to close the so-called “revolving door” to the courthouse by providing treatment instead of, or in addition to, incarceration. The problem-solving court movement is now more than thirty years old and the results of this experiment in court reform are underwhelming. Viewed in the most favorable light, studies suggest that problem-solving courts can modestly reduce the likelihood that some court participants will be arrested or convicted again. Meanwhile, the 40% to 60% of people who begin but do not complete problem-solving court programs often …

Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.

Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon

Cardozo Arts & Entertainment Law Journal

The increasing use of emojis in electronic communications, exacerbated by the COVID-19 pandemic, has introduced complexity into contract law due to the lack of standardized interpretation. Courts are encountering disputes over emoji meanings, highlighting the need for a uniform framework. The proposed Emoji Codebook aims to address this by categorizing emojis and providing consistent interpretations, aligning with existing laws like the UCC and E-SIGN Act to facilitate clearer contract formation and mitigate misunderstandings.

Implementing War Torts, Rebecca Crootof

Law Faculty Publications

Under the law of armed conflict, no entity is accountable for lawful acts in war that cause harm, and accountability mechanisms for unlawful acts (like war crimes) rarely create a right to compensation for victims. Accordingly, states now regularly create bespoke institutions, like the proposed International Claims Commission for Ukraine, to resolve mass claims associated with international crises. While helpful for specific and politically popular populations, these one-off institutions have limited jurisdiction and thus limited effect. Creating an international “war torts” regime—which would establish route to compensation for civilians harmed in armed conflict—would better address this accountability gap for all …

The Immigration Implications Of Presidential Pot Pardons, Jason A. Cade

Scholarly Works

This Essay examines the immigration implications of President Joe Biden’s Proclamation on October 6, 2022, pardoning most federal and D.C. offenders who committed the offense of simple marijuana possession. A late twentieth century interpretive shift by the Board of Immigration Appeals holds that pardons only prevent deportation for certain criminal history categories, which do not include controlled substance offenses, and thus far lower federal courts have deferred to the agency’s approach.Nevertheless, according to the analysis I offer, President Biden’s cannabis pardons should be deemed fully effective to eliminate all immigration penalties. All of the immigrant pardon cases to reach the …

A Guide To Mireille Delmas-Marty's “Compass”, Diane Marie Amann

Scholarly Works

This essay appears as the Afterword (pp. 55-64) to a volume featuring an important work by the late Mireille Delmas-Marty (1941-2022) titled A Compass of Possibilities: Global Governance and Legal Humanism. A Collège de France de Paris law professor and one of the pre-eminent legal thinkers of her generation, Delmas-Marty and the essay’s author were longtime colleagues and collaborators. The volume contains an English translation of a 2011 lecture by Delmas-Marty, originally titled “Une boussole des possibles: Gouvernance mondiale et humanismes juridiques.” Amann’s essay surveys that writing, in a manner designed to acquaint non-francophone lawyers and academics with Delmas-Marty’s …

Second Chances Part I - Federal Employment For Workers With Past Arrests Or Convictions, Benjamin David Pyle

Faculty Scholarship

In June 2021, President Biden signed Executive Order 14035 to advance diversity, equity, inclusion, and accessibility in the Federal workforce. This order called for an evaluation and expansion of Federal employment opportunities for formerly incarcerated persons.

Before this executive order, in fiscal year (FY) 2020, the U.S. Equal Employment Opportunity Commission (EEOC) formed a task force to identify vulnerable workers and determine ways to better serve them. The EEOC identified formerly incarcerated persons as one category of vulnerable workers due to the challenges they face in securing employment after their incarceration. In the FY 2017-2021 Strategic Enforcement Plan, the EEOC …

The Effects Of Gender Stereotypes And Types Of Crime On Perceptions Of Responsibility, Sentencing Severity, And Likelihood Of Recidivism, Spencer Hagenbuch

CMC Senior Theses

Past research has produced mixed findings regarding the roles of gender stereotypes in criminal sentencing. Usually, women receive preferential treatment; however, studies have shown that women receive harsher sentencing than men under certain circumstances. In light of these findings, we argued that the Chivalry and Paternalism thesis shows how women are exempted from harsh punishment when their crimes align with negative gender stereotypes, resulting in lenient treatment most of the time. Additionally, we argued that women receive harsher sentencing when their crimes violate positive gender stereotypes while men receive harsher sentencing when their crimes 1) violate positive gender stereotypes or …

Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato

CMC Senior Theses

Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …

When “Riot” Is In The Eye Of The Beholder: The Critical Need For Constitutional Clarity In Riot Laws, Nancy C. Marcus

Faculty Scholarship

In the twenty-first century, American streets are frequently filled with passionate protest and political dissent. Protesters of diverse backgrounds range from those waving flags or lying on the ground to re-enact police killings to those carrying lit torches or hand-made weapons. This Article addresses how, as between such groups, it may initially seem clear which has a propensity to engage in violent riots, but too often, “rioter” is in the eye of the beholder, with those both regulating and reporting on riots defining the term inconsistently. And ironically, while police brutality is often the subject of protests, non-violent protesters who …

Conditions Of Confinement In Nova Scotia Jails Designated For Men: East Coast Prison Justice Society Visiting Committee Annual Report 2021-2022, Sheila Wildeman, Harry Critchley, Hanna Garson, Laura Beach, Margaret-Anne Mchugh

Reports & Public Policy Documents

This is the second Annual Report of the East Coast Prison Justice Society (“ECPJS”) Visiting Committee (“VC”).

The purpose of the ECPJS VC is to bring increased accountability and transparency to the Nova Scotia correctional system in light of human rights standards, domestic and international. While the Elizabeth Fry Society of Mainland Nova Scotia provides human rights monitoring of conditions of incarceration experienced by women and non-binary people in federal prisons and provincial jails in the Atlantic region, and the federal Office of Correctional Investigator provides further oversight of conditions in federal prisons, there is no comparable independent oversight of …

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Faculty Scholarship

This article explores the potential of technology to improve access to justice (A2J) in criminal courts, specifically for nonviolent misdemeanor cases. Despite a push for innovation in courts, criminal courts have been slow to embrace change and technological innovation due to factors like constitutional constraints and funding limitations. This article argues that criminal courts need "virtual windows" alongside traditional "brick and mortar doors" to enhance A2J. It proposes a problem-solving approach focusing on misdemeanor cases, a high-volume category where technology can have a significant impact. The paper highlights the importance of ensuring defendants make "knowing and intelligent" pleas despite the …

Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott

Fordham Law Review

No abstract provided.