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Articles 601 - 630 of 795
Full-Text Articles in Criminal Procedure
Killing The Object: Psychosis And The Criminal Act, Linda Belau
Killing The Object: Psychosis And The Criminal Act, Linda Belau
Cardozo Law Review
No abstract provided.
The Smell Of A Murderer: How Not To Give Way On Your Enjoyment, Parveen Adams
The Smell Of A Murderer: How Not To Give Way On Your Enjoyment, Parveen Adams
Cardozo Law Review
No abstract provided.
Lacan And The Discourse Of Science In Law, David S. Caudill
Lacan And The Discourse Of Science In Law, David S. Caudill
Cardozo Law Review
No abstract provided.
The Real Of Crime: Psychoanalysis And Infanticide, Renata Salecl
The Real Of Crime: Psychoanalysis And Infanticide, Renata Salecl
Cardozo Law Review
No abstract provided.
Cultural Heritage And Identity, Lucille A. Roussin
Cultural Heritage And Identity, Lucille A. Roussin
Cardozo Journal of International and Comparative Law
The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.
Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello
Justice Under Attack: The Federal Government's Assault On The Attorneyclient Privilege, Robert J. Anello
Cardozo Public Law, Policy & Ethics Journal
The article argues that the federal government, particularly through the Department of Justice, has launched a multi-faceted assault on the attorney-client privilege, undermining its protections. Recent laws, rules, and policies, such as the Attorney General's monitoring rules for inmate communications and the Department of Justice's guidelines pressuring corporations to waive privilege, threaten the confidentiality essential to the attorney-client relationship. These actions, often justified under the guise of national security and combating corporate fraud, erode constitutional rights and the adversarial system of justice.
Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill
Danger At The Edge Of Chaos: Predicting Violent Behavior In A Post-Daubert World, Erica Beecher-Monas, Edgar Garcia-Rill
Cardozo Law Review
No abstract provided.
Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian
Taint Teams And Firewalls: Thin Armor For Attorney-Client Privilege, Heidi Boghosian
Cardozo Public Law, Policy & Ethics Journal
The article argues that post-9/11 U.S. government policies, particularly the monitoring of attorney-client communications and the indictment of Lynne Stewart, significantly erode the attorney-client privilege and the Sixth Amendment right to effective counsel. These actions, justified under national security, undermine constitutional protections and set a dangerous precedent for legal representation, especially for controversial or politically sensitive cases.
A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray
A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray
Cardozo Public Law, Policy & Ethics Journal
The article critically examines New York’s Judiciary Law Article 19, which governs contempt powers, highlighting its complexities, contradictions, and need for reform. It argues that the law conflates criminal and civil contempt, creating confusion in procedure and substance, and that the judiciary’s inherent power to define crimes undermines legislative authority. Additionally, the article addresses the intersection of contempt law with constitutional rights, particularly the Sixth Amendment and news media privileges, emphasizing the need for clarity and modernization of the statute.
Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams
Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams
Cardozo Law Review
No abstract provided.
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Cardozo Law Review
This paper examines the general structure and conditions of legal interpretation that arise from confronting Gadamer's philosophical hermeneutics with a determinate conception of legal interpretation suggested by Kelsen's Pure Theory of Law. The Gadamerian question, "What defines legal interpretation as interpretation?", suggests that Kelsen's reference to legal norms as "schemes of interpretation" must be radicalized: a hermeneutic circularity or dialectic is at work in the law, such that the legal interpretation of reality also changes, to a lesser or greater extent, the principle of interpretation - the legal norm. The Kelsenian question, "What defines interpretation as legal interpretation?", suggests …
From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke
From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke
Cardozo Law Review
No abstract provided.
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan
Cardozo Journal of Equal Rights & Social Justice
The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
The Silencing Of A Woman's Choice: Mandatory Arrest And No Drop Prosecution Policies In Domestic Violence Cases, Jessica Dayton
Cardozo Journal of Equal Rights & Social Justice
The article critiques mandatory arrest and no-drop prosecution policies in domestic violence cases, arguing that these policies undermine the autonomy of women by taking away their right to make decisions about their own safety and legal actions. The author advocates for a more flexible, victim-centered approach that respects each woman's unique circumstances and empowers her to make informed choices.
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
The Closet Becomes Darker For The Abused: A Perspective On Lesbian Partner Abuse, Marnie J. Franklin
Cardozo Journal of Equal Rights & Social Justice
The article argues that lesbian partner abuse is systematically overlooked in both academic discourse and legal systems, which predominantly rely on heteronormative frameworks that fail to account for same-sex relationships. This exclusion perpetuates the marginalization of abused lesbians, who face unique barriers due to societal homophobia, internalized shame, and the legal system's reliance on heterosexual models of domestic violence.
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Creating A New Tango: Re-Imagining Gender, Phyllis Goldfarb
Cardozo Journal of Equal Rights & Social Justice
The article explores how feminist legal theory is applied and developed through case studies and media analysis, emphasizing the interplay between theory and practice. It highlights the need to challenge traditional gender hierarchies and the role of media in shaping gender perceptions, advocating for a reimagined understanding of gender roles.
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
The Fault Lines Of Domestic Violence Enforcement, Josephine Ross
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
Cardozo Journal of Equal Rights & Social Justice
The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.
The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti
The Andrea Yates Trial: What Is Wrong With This Picture?, Marie Galanti
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the Andrea Yates trial, arguing that it highlights significant flaws in the legal system, media coverage, and societal attitudes toward mental illness and gender roles. The trial underscores the ambiguity in legal definitions of insanity, the unequal treatment of mothers who commit infanticide, and the problematic intersection of law and media, which can undermine justice and perpetuate harmful stereotypes. The case serves as a cautionary tale about the failure of the legal system to address mental health adequately and the media's role in sensationalizing tragedy for public consumption.
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Articles
No abstract provided.
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Harris, Ring, And The Future Of Relevant Conduct Sentencing, Kyron J. Huigens
Articles
No abstract provided.
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
Articles
No abstract provided.
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies
Cardozo Law Review
No abstract provided.
Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh
Virtual Child Pornography: Criminal Conduct Or Protected Speech?, Daniel S. Armagh
Cardozo Law Review
No abstract provided.
Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft
Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft
Cardozo Law Review
No abstract provided.
Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts
Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts
Cardozo Law Review
No abstract provided.
Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter
Cardozo Law Review
No abstract provided.
The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand
The Blooding Of America: Privacy And The Dna Dragnet, Jeffrey S. Grand
Cardozo Law Review
No abstract provided.
Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway
Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway
Cardozo Law Review
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.