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Yeshiva University, Cardozo School of Law

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Articles 691 - 720 of 795

Full-Text Articles in Criminal Procedure

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth Sep 1997

Warren E. Buffett On Corporate Constituency Laws And Other Newfangled Ideas: An Imaginary Conversation, Bevis Longstreth

Cardozo Law Review

No abstract provided.


Dividends, Noncontractibility, And Corporate Law, William W. Bratton Sep 1997

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Cardozo Law Review

No abstract provided.


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Sep 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Cardozo Law Review

No abstract provided.


Reflections On The Pricing Of Shares, Robert W. Hamilton Sep 1997

Reflections On The Pricing Of Shares, Robert W. Hamilton

Cardozo Law Review

No abstract provided.


Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola Apr 1997

Finding The Truth In An American Criminal Trial: Some Observations, Frank J. Macchiarola

Cardozo Journal of International and Comparative Law

The article critiques the American adversarial criminal trial system, arguing that its focus on procedure and individual rights often hinders the pursuit of truth. While the system is deeply rooted in American cultural values, such as distrust of government and a commitment to individual liberties, its emphasis on adversarial contest rather than truth-seeking leads to inefficiencies and public dissatisfaction. The author highlights the tension between the system's theoretical commitment to justice and its practical limitations, particularly as illustrated by high-profile cases like the O.J. Simpson trial.


America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith Apr 1997

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.


A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp Jan 1997

A Case Of Misplaced Priorities: A Proposed Solution To Resolve The Apparent Conflict Between Sections 507 And 1113 Of The Bankruptcy Code, Steven Kropp

Cardozo Law Review

A single corporate bankruptcy is like a pebble thrown into a pond: the ripples keep extending out. Every bankruptcy filing has negative consequences for the corporation's creditors, including its workers. Indeed, a corporate bankruptcy may push many small creditors over the financial brink and even force some of them to file for bankruptcy.


Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Peter Westen Nov 1996

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Peter Westen

Cardozo Law Review

This Response to Professor Schafer's essay, "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, is divided into two parts. First, it raises some questions about the three things Professor Schafer attempts to do in her essay. Second, this Response discusses an issue that several commentators have remarked upon over the years-namely, that criminal procedure is the area of Southern slave law that has come closest to according slaves the same protections accorded to free persons.


Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol Nov 1996

Outlawing Outcasts: Comparative Perspectives On The Differing Functions Of The Criminal Law Of Slavery In The Americas, Robert J. Cottrol

Cardozo Law Review

This is a commentary on some issues raised by Anthony De V. Phillips's "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's "Under the Present Mode of Trial, Improper Verdicts are Very Often Given": Criminal Procedure Trials of Slaves in Antebellum Louisiana, both of which appear in this volume. Both discussions highlight the role of criminal law, procedure, and punishment in helping to sustain systems of African and Afro-American chattel slavery in New World societies. They provide interesting contrasts between civil and common law approaches to …


Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond Nov 1996

Condemned By Substance And Process: A Comment On “Doubly Condemned”: Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Cardozo Law Review

The substance of modem criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se has caused increasing levels of fear and concomitant calls for more vigorous enforcement of the criminal law. As a result, the rights that protect the accused from intrusions by a potentially tyrannical state and from arbitrary decision making by …


“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer Nov 1996

“Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Judith Kelleher Schafer

Cardozo Law Review

When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave, American Indians, and various combinations of these cultures and races.


Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris Nov 1996

Comment On Judith Schafer’S “Under The Present Mode Of Trial, Improper Verdicts Are Very Often Give”: Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Thomas D. Morris

Cardozo Law Review

Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the First Judicial District Court in New Orleans) that were not appealed to the state supreme court after 1846, when appeals were allowed in criminal cases. Professor Schafer, our leading student of nineteenth-century Louisiana slave law, has covered the criminal cases that were appealed …


The Fate Of “Megan’S Law” In New York, Alison Virag Greissman Sep 1996

The Fate Of “Megan’S Law” In New York, Alison Virag Greissman

Cardozo Law Review

Sexual crimes disgust, anger, and frighten Americans in a way that no other human act does. The transgressions of sex offenders leave victims with lifelong scars and violate society's most fundamental notions of right and wrong. Indeed, husbands beating their wives with frying pans, boyfriends punching their girlfriends with their fists, and men striking women with kitchen chairs and baseball bats in every city of our country are atrocities. Although barbaric, these examples of violent and often fatal attacks are not of the same nature as an assault in which a man desecrates a woman by invading the most intimate …


The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker Jul 1996

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.


The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell Jan 1996

The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell

Cardozo Journal of International and Comparative Law

The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.


The Puerto Rican Independentistas: Combatants In The Fight For Self-Determination And The Right To Prisoner Of War Status, Lisa Napoli Jan 1996

The Puerto Rican Independentistas: Combatants In The Fight For Self-Determination And The Right To Prisoner Of War Status, Lisa Napoli

Cardozo Journal of International and Comparative Law

No abstract provided.


Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis, Elizabeth B. Cooper Jan 1996

Why Mandatory Hiv Testing Of Pregnant Women And Newborns Must Fail: A Legal, Historical, And Public Policy Analysis, Elizabeth B. Cooper

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory HIV testing of pregnant women and newborns is a misguided policy that fails to address the complex medical, social, and legal issues surrounding HIV/AIDS in women. It contends that such policies violate constitutional rights, disproportionately affect marginalized communities, and are unsupported by medical evidence. The analysis emphasizes the importance of voluntary testing linked to care and services, as well as the need to address systemic inequities in healthcare delivery.


The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy Jan 1996

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …


Prostitution And The Law In Germany, Margarete Von Galen Jan 1996

Prostitution And The Law In Germany, Margarete Von Galen

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal and social contradictions surrounding prostitution in Germany, highlighting how, despite its legal status, the practice is subject to discriminatory laws and regulations that create a hypocritical gap between legal frameworks and real-world enforcement. The author argues that while prostitution is legal, the surrounding legal provisions often criminalize related activities, leading to inconsistent enforcement and continued marginalization of sex workers.


Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante Jan 1996

Ice Patch On The Information Superhighway: Foreign Liability For Domestically Created Content, Alexander Gigante

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Structures Of Environmental Criminal Enforcement, Michael E. Herz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.


Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng Jan 1996

Blocking Preemption: Convergence, Privacy, And The Fcc's Misguided Regulation Of Caller Id, Laura V. Eng

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford Jan 1996

Susan Smith And Other Homicidal Mothers-In Search Of The Punishment That Fits The Crime, Janet Ford

Cardozo Journal of Equal Rights & Social Justice

The legal system should consider unique circumstances when sentencing mothers who kill their children, focusing on mitigating factors such as mental state, abuse history, and societal pressures, rather than applying uniform punishments.


The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman Jan 1996

The Mark Of Cain: No Second Chance For Teachers Convicted Of Sex Offenses Against Students, Eric J. Kuperman

Cardozo Journal of Equal Rights & Social Justice

The note argues that teachers convicted of sex offenses against students should be subject to a national registration and notification system, akin to Megan's Law, due to the inadequacy of current systems in preventing these individuals from continuing to teach and offending again. The author emphasizes the need to protect children from sexual predators in educational settings, highlighting the failure of schools and courts to effectively address the issue.


The Future Of The Past: Recovering Cultural Property, Lawrence M. Kaye Jan 1996

The Future Of The Past: Recovering Cultural Property, Lawrence M. Kaye

Cardozo Journal of International and Comparative Law

The article addresses the legal challenges and evolving frameworks for recovering stolen cultural property, emphasizing the interplay between national and international laws. It argues that while significant progress has been made, particularly in the U.S., through judicial precedents and international conventions like the 1970 UNESCO and 1995 UNIDROIT Conventions, a unified global response is essential to combat the illicit trade effectively.


The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.


“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar Dec 1995

“A One Way Ticket To Palookaville”: Supreme Court Takings Jurisprudence After Dolan And Its Implication For New York City’S Waterfront Zoning Resolution, Jill Illan Berger Inbar

Cardozo Law Review

This Note will use the Waterfront Ordinance as a vehicle for examining the new heightened scrutiny standard introduced in Dolan. Part I provides an overview of takings jurisprudence and the traditional pre-Nollan and pre-Dolan standards, which were applied to determine whether an exercise of police power oversteps its bounds and interferes with private property rights guaranteed under the Fifth Amendment. Part II reviews the new standards espoused by the Supreme Court in Nollan and Dolan. Part III describes the purpose of New York City's 1993. Waterfront Zoning Ordinance and discusses its history, objectives, and provisions. Part …


She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren Sep 1995

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …


The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi Jul 1995

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.


Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …