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Articles 451 - 480 of 795
Full-Text Articles in Criminal Procedure
The Politicization Of The Designation Of Foreign Terrorist Organizations: The Effect On The Separation Of Powers, Julie B. Shapiro
The Politicization Of The Designation Of Foreign Terrorist Organizations: The Effect On The Separation Of Powers, Julie B. Shapiro
Cardozo Public Law, Policy & Ethics Journal
The article critiques the U.S. process for designating foreign terrorist organizations (FTOs) under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and subsequent amendments, arguing that the concentration of power in the Executive Branch undermines the separation of powers and risks politicization. The process, while intended to deter terrorism, often lacks transparency, adequate oversight, and judicial scrutiny, leading to potential misuse and unintended consequences, such as radicalizing targeted groups. The author advocates for reforms to restore constitutional principles and ensure the process remains effective and legitimate.
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Cardozo Journal of International and Comparative Law
The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.
Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner
Myspace In A Post-Grokster World: Digital Finger Pointing For Offenses Perpetrated Through Use Of Social Networking Sites After Mgm V. Grokster, Cheryl J. Eisner
Cardozo Public Law, Policy & Ethics Journal
The note examines the dismissal of a negligence lawsuit against MySpace, arguing that interactive computer services should not be held liable for offline harms committed by users. It emphasizes the importance of protecting such platforms under the Communications Decency Act (CDA) and highlights the need to balance free speech and technological development against concerns for user safety.
Comparative Treatment Of Human Trafficking In The United States & Israel: Financial Tools To Encourage Victim Rehabilitation And Prevent Trafficking, Sarah Leevan
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal frameworks addressing human trafficking in the United States and Israel, highlighting their efforts to combat trafficking through legislation and international cooperation. It emphasizes the need for both countries to enhance victim support and accountability for all parties involved in trafficking.
Redefining The Question: Applying A Hierarchical Structure To The Mens Rea Requirement For Section 875(C), Karen Rosenfield
Redefining The Question: Applying A Hierarchical Structure To The Mens Rea Requirement For Section 875(C), Karen Rosenfield
Cardozo Law Review
No abstract provided.
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner
Cardozo Law Review
No abstract provided.
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
Cardozo Law Review
No abstract provided.
Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb
Reconceiving Civil Protection Orders For Domestic Violence: Can Law Help End The Abuse Without Ending The Relationship?, Sally F. Goldfarb
Cardozo Law Review
No abstract provided.
Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho
Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho
Cardozo Journal of Equal Rights & Social Justice
The note argues that sex offender registration and notification laws, such as Megan's Law, disproportionately harm victims and offenders in cases of incest. It contends that incest is distinct from other sex crimes due to its familial nature and low recidivism rates, making its inclusion in public registries unnecessary and counterproductive. The psychological and social consequences of registration extend to victims, violating their privacy and perpetuating stigma. The note advocates for a shift in policy focus toward prevention, victim empowerment, and rehabilitation rather than punitive measures.
"The Public Gaze And The Prying Eye:" The South And The Privacy Doctrine In Nineteenth-Century Wife Abuse Cases, Jerome Nadelhaft
"The Public Gaze And The Prying Eye:" The South And The Privacy Doctrine In Nineteenth-Century Wife Abuse Cases, Jerome Nadelhaft
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum
Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum
Cardozo Journal of Equal Rights & Social Justice
The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.
Reporting Sexual Assault Of Women In The Military, Jodie Friedman
Reporting Sexual Assault Of Women In The Military, Jodie Friedman
Cardozo Journal of Equal Rights & Social Justice
The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.
Beyond Intention, Kimberly Kessler Ferzan
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Straddling The Civil-Criminal Divide: A Bifurcated Approach To Understanding The Nature Of Immigration Removal Proceedings, Peter L. Markowitz
Articles
The article challenges the traditional classification of removal proceedings as civil, arguing that expulsion, particularly for permanent residents, functions similarly to criminal punishment and should therefore be treated as criminal. It proposes a bifurcated approach distinguishing exclusion and expulsion, advocating for criminal protections in expulsion proceedings to align with historical and constitutional principles.
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Cardozo Law Review
No abstract provided.
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Implementing The Death Penalty: The Moral Implications Of Recent Advances In Neuropsychology, Peggy Sasso
Cardozo Law Review
No abstract provided.
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
It's Just Not Cricket: Is The Principle Of Reciprocity Being Honored In The U.S.-U.K. Extradition Treaty?, Richard Goldberger
Cardozo Law Review
No abstract provided.
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Search And Seizure On Steroids: United States V. Comprehensive Drug Testing And Its Consequences For Private Information Stored On Commercial Electronic Databases, Aaron Seiji Lowenstein
Cardozo Public Law, Policy & Ethics Journal
The Ninth Circuit's decision in United States v. Comprehensive Drug Testing erodes Fourth Amendment protections by allowing government agents to search and seize private information from commercial electronic databases without a warrant or particularized suspicion, raising significant concerns about privacy rights in the digital age. The ruling permits the government to retain and use evidence beyond the scope of the original warrant, undermining constitutional safeguards and disproportionately impacting industries like healthcare. The decision highlights the tension between law enforcement needs and individual privacy, with the dissent warning of far-reaching consequences for personal data security.
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
Cardozo Law Review
No abstract provided.
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb
Cardozo Law Review
No abstract provided.
The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan
The Practicability Of Amnesty As A Non-Prosecutory Alternative In Post-Conflict Uganda, Kathleen Ellen Macmillan
Cardozo Public Law, Policy & Ethics Journal
The note argues that amnesty can be a necessary and effective tool for achieving peace in conflict-ridden regions, even when the International Criminal Court (ICC) is involved. It focuses on Uganda's situation, where the government's amnesty offer to the Lords Resistance Army (LRA) was crucial for a ceasefire. The analysis suggests that the ICC should consider deferring to national processes, such as Uganda's Amnesty Act of 2000, to support transitional justice and reconciliation, rather than prioritizing prosecution. The note concludes that amnesty, integrated with traditional justice mechanisms, can be both legally permissible and morally justifiable in certain contexts.
The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton
The Waterloo For The So-Called Church Autonomy Theory: Widespread Clergy Abuse And Institutional Cover-Up, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor
Recalibrating Depravity In A Feingold Regime: Why New York Courts Should Maintain Register'S Approach To Depraved Indifference In Cases Of Murder By Abuse, Carrie L. Maylor
Cardozo Law Review
No abstract provided.
Pardon Me, But Can You Open That Door?: The Potential Effects Of Pardons On Subsequent Civil Suits By Pardonees Under Malicious Prosecution And Section 1983 - A Disciplined Approach To State Pardon Law, Joseph D. Mueller
Cardozo Law Review
No abstract provided.
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Articles
Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
Introduction, Kyron Huigens
Toward A Universal System Of Crime: Comments On George Fletcher's Grammar Of Criminal Law, Kai Ambos
Toward A Universal System Of Crime: Comments On George Fletcher's Grammar Of Criminal Law, Kai Ambos
Cardozo Law Review
No abstract provided.
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan
Cardozo Law Review
No abstract provided.
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Miranda Is Not Enough: A New Justification For Demanding "Strong Corroboration" To A Confession, Boaz Sangero
Cardozo Law Review
No abstract provided.