Fourteenth Amendment Commons^™

A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The “New” District Court Activism In Criminal Justice Reform, Jessica A. Roth

Articles

Historically, the debate over the judicial role has centered on the constitutional and administrative law decisions of the United States Supreme Court, with an occasional glance at the Federal Courts of Appeals. It has, moreover, been concerned solely with the “in-court” behavior of Article III appellate judges as they carry out their power and duty “to say what the law is” in the context of resolving “cases and controversies.” This Article seeks to deepen the discussion of the appropriate role of Article III judges by broadening it to trial, as well as appellate, judges; and by distinguishing between an Article …

The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao

Cardozo International & Comparative Law Review

This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …

Spare The Rod, Save A Child: Why The Supreme Court Should Revisit Ingraham V. Wright And Protect The Substantive Due Process Rights Of Students Subjected To Corporal Punishment, Lekha Menon

Cardozo Law Review

No abstract provided.

Prohibiting Child- Parent Visitation After Parental Rights Are Terminated By Trial In New York: A Denial Of Parental Due Process, Rachel Turetsky

Cardozo Law Review

The note argues that New York's current statutory framework denying posttermination contact for parents after a trial termination is constitutionally and policy-deficient. It advocates for a legislative amendment to permit courts to order posttermination contact or communication when it serves the best interests of the child, aligning with due process rights and the majority of U.S. jurisdictions.

Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner

Cardozo Journal of International and Comparative Law

Human dignity has become a central legal concept worldwide and has been increasingly employed in judicial decisions in many jurisdictions, including in countries that do not incorporate it into their constitutions. However, due to the acknowledged vagueness of the concept, scholars and judges alike have identified many difficulties in its application and specific challenges that it poses to the rule of law. This Article addresses those challenges and proposes four formal principles for the use of human dignity in judicial decisions: using the concept strictly in relation to written law; defining the concept and its actual meaning in rulings; maintaining …

Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella

Cardozo Public Law, Policy & Ethics Journal

Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …

Changing The System Without Changing The System: How The National Popular Vote Interstate Compact ​Would Leave Non-Compacting States Without A Leg To Stand On, Jillian Robbins

Cardozo Law Review de•novo

This Note will discuss the constitutional and legal implications of the NPVIC, and will explore the strengths and weaknesses of the arguments both for and against its implementation. It will argue that the NPVIC is constitutional, despite many opponents’ views that it is not, because it does not encroach on federal supremacy or threaten the political relevance or rights of non-compacting states. This Note proposes that if a lawsuit between the states resulted from the enactment of the NPVIC, even if the merits of the claim are constitutional, the United States Supreme Court should dismiss these cases because the states …

An Equal Rights Amendment For The Twenty-First Century: Bringing Global Constitutionalism Home, Julie C. Suk

Articles

The last few years have seen a renewed push to constitutionalize sex equality in the United States. A generation after the federal Equal Rights Amendment (ERA) failed to be ratified by the requisite number of states, the ERA is on the platform of the 2017 Women's March on Washington. Oregon added a sex equality guarantee to its state constitution in 2014, joining 22 state constitutions and most constitutions around the world. Feminist coalitions, Hollywood celebrities, and members of Congress are vocally endorsing an ERA revival. Why is an ERA desired now, when judges have interpreted the Fourteenth Amendment to prohibit …

The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie

Cardozo Law Review

The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.

The Promise Of America, Joseph A. Greenaway Jr.

Cardozo Law Review

No abstract provided.

No Better Instrument: The Necessity Of Notice And An Opportunity To Be Heard And The Due Process Deficiencies Of Nuisance Abatement, Elise Bernlohr

Cardozo Law Review

No abstract provided.

Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena

Cardozo Journal of Equal Rights & Social Justice

The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.

Thou Shall Not Adopt: Sexual Orientation Discrimination In The Adoption Process, Peter Gallucci

Cardozo Journal of Equal Rights & Social Justice

The note addresses the issue of sexual orientation discrimination in the adoption process, highlighting how religious-based adoption agencies often deny services to LGBTQ+ couples, despite the growing need for foster care placements. It critiques current laws that permit such discrimination and proposes an enhanced version of the Every Child Deserves a Family Act to ensure equal adoption rights while mitigating the impact on states and foster children.

Housing Intersex Juvenile Offenders, Janae Hunte

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and societal challenges faced by intersex individuals, particularly in the U.S. prison system, arguing that current laws and policies fail to adequately protect their rights. It highlights the need for standardized guidelines and protections, advocating for federal standards that respect intersex individuals' autonomy and safety in prison housing. The analysis focuses on the intersection of medical normalization practices, constitutional rights, and legislative shortcomings, emphasizing the importance of addressing these issues through legal reform and policy changes.

Title Ix Giveth And The Religious Exemption Taketh Away: How The Religious Exemption Eviscerates The Protection Afforded Transgender Students Under Title Ix, Amanda Bryk

Cardozo Law Review

No abstract provided.

Adequacy Of Notice Under Cafra: Resolving Constitutional Due Process Challenges To Administrative Forfeitures, Rebecca Hausner

Cardozo Law Review

No abstract provided.

High Court Pretense, Lower Court Candor: Judicial Impartiality After Caperton V. Massey Coal Co., Lynne H. Rambo

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

What Can I Do For You, My Damaged Angel: Ways To Better Protect Special Needs Children Adopted From China, Kaidi Yu

Cardozo Journal of Equal Rights & Social Justice

The note argues that current legal frameworks governing intercountry adoptions, particularly between the U.S. and China, fail to adequately protect the welfare of special needs children. It highlights gaps in the Hague Convention, Chinese Adoption Law, and U.S. implementation of the Intercountry Adoption Act, emphasizing the need for uniform definitions of special needs, enhanced parental preparedness, and improved post-adoption support systems to address these shortcomings.

Equity In Substantial Evidence, Or Using Article 78 Judicial Review To Achieve Justice For Public Housing Occupants, Janelle Greene

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Foul Play: Tennessee's Unequal Application Of Its Jock Tax Against Professional Athletes, Kirk Berger

Cardozo Public Law, Policy & Ethics Journal

The Framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus escape political retribution that might be visited upon them if larger numbers were affected. Courts can take no better measure to assure that laws will be …

From Wolves, Lambs (Part Ii): The Fourteenth Amendment Case For Gradual Abolition Of The Death Penalty, Kevin Barry

Cardozo Law Review

Can a state abolish its death penalty for future crimes while retaining it for those already on death row? This turns out to be a novel question in modern death penalty law, one that has not been answered in nearly a century. In 2014, in the case of State v. Santiago, the Connecticut Supreme Court will be the first court in modern times to answer the question. This Article predicts that the answer to the question will be yes.

Although the Connecticut Supreme Court will be the first court to answer this question in almost one hundred years, it …

Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash

Articles

A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Cardozo Journal of Conflict Resolution

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.

A New Approach To Judicial Scrutiny Of Voter Registration Laws, David Feinstein

Cardozo Law Review de•novo

This Note argues that 3PVRO activities implicate First Amendment rights to a degree that merits substantial constitutional protection, and therefore more robust judicial scrutiny of laws regulating them. The applicable constitutional standard requires a court to ask whether the regulated acts constitute political activity within the meaning of the First Amendment. An approach that more accurately reflects the political nature of voter registration will likewise enhance the utility of that standard, and yield more consistent results. This Note further argues that in certain cases restrictions on voter registration activities severely burden core First Amendment rights, and should therefore be subject …

Redefining Viability: Why The State Must Ensure Viable Alternatives To Pregnancy And Motherhood, Lauren Maisel Goldsmith

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

No Promo Hetero: Children's Right To Be Queer, Clifford J. Rosky

Cardozo Law Review

This Article argues that the state has no legitimate interest in promoting heterosexuality or gender conformity during childhood. Although opponents of LGBT rights have longed cited this goal as one of the primary justifications for discrimination against LGBT people, it has no constitutional foundation upon which to stand.

Building upon a schema familiar to legal scholarship on LGBT rights, this Article challenges the state's interest in promoting heterosexuality in childhood by articulating a tripartite defense of children's homosexual speech, status, and conduct. It argues that these three aspects of children's homosexuality are connected to and protected by the Constitution's free …

We Are Never Ever Getting Back Together: Domestic Violence Victims, Defendants, And Due Process, Jessica Miles

Cardozo Law Review

No abstract provided.

The Risky Interplay Of Tort And Criminal Law: Punitive Damages, Daniel M. Braun

Cardozo Public Law, Policy & Ethics Journal

The article examines the evolving role of punitive damages in U.S. jurisprudence, highlighting their transformation from a compensatory tool for intangible harms to a primarily punitive and deterrent measure. This shift has blurred the lines between tort and criminal law, leading to constitutional challenges and difficulties in managing these damages through Supreme Court-established guideposts. The analysis concludes that the integration of punitive damages into private law creates inherent tensions and suggests that their abolition might be necessary to maintain legal clarity and justice.