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Articles 1 - 30 of 162
Full-Text Articles in Human Rights Law
Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes
Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes
Cardozo Law Review
On July 1, 2022, the Indianapolis Star reported that a ten-year-old Ohio girl, who had been raped and was six weeks pregnant, had sought an abortion in Indiana. Abortion had been outlawed in Ohio mere hours after the Supreme Court overturned Roe v. Wade, but it remained legal ˙in neighboring Indiana. The Ohio girl was able to cross the state border, get the abortion, and—presumably—return home safely. But if lawmakers like those in Missouri, South Carolina, Texas, and a handful of other states have their way, pregnant© children in abortion-restrictive states will be unable to avail themselves of neighboring …
The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada
The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada
Cardozo Law Review
Since the release of Rawls’s A Theory of Justice in 1971, discussions on the role of groups, redistribution, and symbolic recognition have gained unprecedented attention in North America and Europe. How can we ensure equal recognition among groups and foster equitable access to goods in a way that provides fair distribution not only among groups (plurality) but also within groups (the singular) so that all are politically and socially included on a common shared basis (the universal)? While the approach to this question differs between America and Europe—think of French republican universalism and the historical evolution of the concept of …
Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand
Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand
Cardozo Law Review
No abstract provided.
Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko
Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko
Cardozo Law Review
No abstract provided.
“An Outrage Upon Our Feelings”: The Role Of Local Governments In Resistance Movements, Daniel Farbman
“An Outrage Upon Our Feelings”: The Role Of Local Governments In Resistance Movements, Daniel Farbman
Cardozo Law Review
After the election of 2016, many who opposed President Trump and his policies argued that local governments and local power would be the best tools to resist those policies and strengthen democracy. Among the most prominent acts of local resistance in the last decade have been resolutions that declare a town or a city a “Sanctuary” and refuse to cooperate with federal authorities in the deportation of undocumented immigrants. This Article situates these resolutions in a long tradition of local opposition to state and federal laws that towns and cities deem unjust by examining local opposition to the Fugitive Slave …
Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge
Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge
Cardozo Law Review
No abstract provided.
The Role Of Justice In The Constitution: The Case For Social And Economic Rights In Comparative Perspective, Michel Rosenfeld
The Role Of Justice In The Constitution: The Case For Social And Economic Rights In Comparative Perspective, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo
Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo
Cardozo Law Review
This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May
Cardozo Law Review
No abstract provided.
Nationalism, Populism, Religion, And The Quest To Reframe Fundamental Rights, Susanna Mancini, Michel Rosenfeld
Nationalism, Populism, Religion, And The Quest To Reframe Fundamental Rights, Susanna Mancini, Michel Rosenfeld
Cardozo Law Review
The article examines how nationalism and populism have increasingly utilized religion to challenge the principles of institutional secularism, which is foundational to liberal constitutional democracies. It argues that these forces exploit the interplay between religion and secularism to undermine pluralism and promote exclusionary agendas. The analysis highlights the tension between institutional secularism, which seeks to separate state and religion, and the contemporary repoliticization of religion, which threatens the pluralistic ethos essential to liberal constitutionalism.
Religious Neutrality, Laïcité And Colorblindness: A Comparative Analysis, Stéphanie Hennette-Vauchez
Religious Neutrality, Laïcité And Colorblindness: A Comparative Analysis, Stéphanie Hennette-Vauchez
Cardozo Law Review
No abstract provided.
Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz
Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz
Cardozo Law Review
No abstract provided.
Is The U.S. Government Violating The Safe Conducts Of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, Gabe Cahn
Cardozo Law Review
No abstract provided.
Money For Justice: Plaintiffs' Lawyers And Social Justice Tort Litigation, Gilat J. Bachar
Money For Justice: Plaintiffs' Lawyers And Social Justice Tort Litigation, Gilat J. Bachar
Cardozo Law Review
Tort lawsuits brought in response to social injustice occasionally generate incentives for entrepreneurial plaintiffs' lawyers to get involved in the litigation. What ethical responsibilities do such lawyers navigate in this space? And to what extent are they interested in, and well-positioned to produce, social change? The Article addresses these questions using a previously uncharted case study on civil actions for damages filed by Palestinians against the Israeli government. Through fifty-five in-depth, semi structured interviews with the various types of lawyers involved in the litigation, alongside quantitative analysis of an original dataset of 300 judicial opinions, the Article reveals how fee-for-service …
The Law Of The Soul, Arthur J. Jacobson
The Law Of The Soul, Arthur J. Jacobson
Cardozo Law Review
Do you believe that human beings have souls, and dogs, for example, do not? And if you believe that humans have souls, then must you also believe that in order for the soul to be a soul it must be immortal? Or can the soul be born with us and die with us, never to return, and still be a soul? And if you believe that it must be immortal, then must you also believe that if it is not immortal, then it is just a psyche - the forms of awareness, desiring and imagining that humans share with all …
On Constitutional Identity And The Loyalties Of The Constitutional Judge, András Sajó
On Constitutional Identity And The Loyalties Of The Constitutional Judge, András Sajó
Cardozo Law Review
The following remarks consider the relation of judicial loyalty and constitutional identity. These two concepts were always of great interest to Arthur Jacobson's scholarship and their combined discussion is not only necessitated by certain constitutional developments in this age's return to nationalist sovereignty but is a token of Arthur's appreciation.
The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should Be Disciplined By More Than The Usual Norms Of Politics, Mark D. Rosen
The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should Be Disciplined By More Than The Usual Norms Of Politics, Mark D. Rosen
Cardozo Law Review
Even if we accept that the most basic rules of fair play do not apply to our nation's political representatives when they battle one another in the ordinary lawmaking process, we should demand more when they engage in constitutional decision-making. This Article explains why our constitutional system demands different rules of engagement when constitutional questions are at issue, and exactly what we should expect of members of Congress in these situations.
Loyalty Without Borders: In Honor Of Arthur Jacobson, George P. Fletcher
Loyalty Without Borders: In Honor Of Arthur Jacobson, George P. Fletcher
Cardozo Law Review
The essence of loyalty is partiality - putting friends, political party, a particular country ahead of its competitors. The ambiguity of this definition lies in question: putting the recipients of loyalty close in what way? In the case of loyalty to a spouse, the loyal lover forswears sex with others. In voting and supporting, say, the Democrats, one does not contribute to the Republicans. By remaining loyal to the United States, one does not offer to join the military or serve in the civil defense force of another country.
Babies Having Babies: Advocating For A Different Standard For Minor Parents In Abuse And Neglect Cases, Emily Barry
Babies Having Babies: Advocating For A Different Standard For Minor Parents In Abuse And Neglect Cases, Emily Barry
Cardozo Law Review
No abstract provided.
Democracy, Liberalism, And Brexit, James Allan
Democracy, Liberalism, And Brexit, James Allan
Cardozo Law Review
The article argues that the Brexit referendum highlighted a significant tension between democratic principles and liberal institutions. It contends that the majority vote to leave the European Union, despite opposition from political and judicial elites, demonstrates the importance of prioritizing democracy over liberalism. The author asserts that democratic decision-making, even with its flaws, is preferable to the influence of non-accountable liberal institutions, particularly in cases where there is a clear disconnect between the majority will and elite opinion.
Transmuting The Politico-Legal Lump: Brexit And Britain's Constitutional Order, Richard Mullender
Transmuting The Politico-Legal Lump: Brexit And Britain's Constitutional Order, Richard Mullender
Cardozo Law Review
No abstract provided.
The Roads To Reversing Brexit: Local And Transnational Constitutional Principles, Rob Howse
The Roads To Reversing Brexit: Local And Transnational Constitutional Principles, Rob Howse
Cardozo Law Review
No abstract provided.
"Too Big To Foia": How Agencies Avoid Compliance With The Freedom Of Information Act, Stephanie Alvarez-Jones
"Too Big To Foia": How Agencies Avoid Compliance With The Freedom Of Information Act, Stephanie Alvarez-Jones
Cardozo Law Review
The Freedom of Information Act (FOIA), while foundational for promoting government transparency, faces significant challenges in its administration, particularly through the judicially created "undue burden" claim, which allows agencies to evade disclosure. The note argues that courts' deference to agencies' claims of undue burden undermines FOIA's purpose of promoting openness. It proposes reforms, such as a public interest sliding scale, to balance the burden on agencies against the public's right to know, ensuring FOIA remains an effective tool for accountability.
Piloting Personhood: Reflections From The First Year Of A Supported Decision-Making Project, Kristin Booth Glen
Piloting Personhood: Reflections From The First Year Of A Supported Decision-Making Project, Kristin Booth Glen
Cardozo Law Review
The amazing Symposium on Personhood and Civic Engagement by People with Disabilities included a variety of perspectives: legal, cultural, historical, philosophical, and educational, including a panel on "Legal Barriers to Personhood" from which this article was derived. Despite legal analysis, theory, and even description, there was little "in the weeds" discussion of how personhood can actually be protected and preserved for persons with intellectual and developmental disabilities (I/DD).1 Locating personhood within the human right of legal capacity, and positing guardianship in diametric opposition, this Article attempts to describe some of the lessons I have learned in the first year of …
The Fight For Personhood, Legal Capacity, And Equal Recognition Under Law For People With Disabilities In Israel And Beyond, Arlene S. Kanter, Yotam Tolub
The Fight For Personhood, Legal Capacity, And Equal Recognition Under Law For People With Disabilities In Israel And Beyond, Arlene S. Kanter, Yotam Tolub
Cardozo Law Review
When Rachel contacted Bizchut, the Israel Center for Human Rights of People with Disabilities, she was in the hospital in the final stages of terminal cancer. At seventy years old, she had no family, her condition was deteriorating, she had begun to use a wheelchair, and she was in a great deal of pain. In the past, she had been diagnosed with paranoid schizophrenia. Her doctors refused to release her from the hospital without the appointment of a guardian. Rachel had no guardian and she did not want one. Rachel was an intelligent and realistic woman who knew that if …
An Americans With Disabilities Act For Everyone, And For The Ages As Well, Anita Silvers, Leslie P. Francis
An Americans With Disabilities Act For Everyone, And For The Ages As Well, Anita Silvers, Leslie P. Francis
Cardozo Law Review
The article argues that the Americans with Disabilities Act (ADA) was originally intended to universally protect individuals from disability-based discrimination, rather than focusing on categorizing who is disabled. The authors contend that the ADA should be interpreted to prevent discrimination based on disability for everyone, regardless of specific eligibility criteria, and that the statute's effectiveness has been undermined by court decisions that emphasize categorical limitations. They advocate for a broader, more inclusive understanding of the ADA, aligned with its original purpose of combating discrimination.
With Access And Justice For All, Sagit Mor
With Access And Justice For All, Sagit Mor
Cardozo Law Review
The article explores the intersection of the "right to access" and "access to justice," particularly for persons with disabilities, emphasizing how these concepts interact across various legal and social dimensions. It argues that the Convention on the Rights of Persons with Disabilities (CRPD) provides a comprehensive framework for addressing these issues, focusing on legal capacity, physical accessibility, and effective participation in legal proceedings. The analysis highlights the need to move beyond formal barriers to justice and address deeper structural and ideological challenges, including biased legal norms and the exclusion of disabled individuals from lawmaking processes. Ultimately, the article advocates for …
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham
Jailing The Twitter Bird: Social Media, Material Support To Terrorism, And Muzzling The Modern Press, Rachel E. Vanlandingham
Cardozo Law Review
Social media companies such as Facebook and Twitter are vulnerable to federal criminal prosecution under 18 U.S.C. § 2339B, the material support to terrorism statute, for providing a means for terrorists and their sympathizers to glorify and pursue their violence on social media. This Article exposes that vulnerability as well as the material support statute's conflicts with the First and Fifth Amendments in this context, such as the statute's chilling effect. In particular, the Article explores how social media providers have responded to threats from the U.S. government by suspending hundreds of thousands of user accounts, effectively censoring constitutionally protected …
Alternatives To Immigration Detention, Fatma E. Marouf
Alternatives To Immigration Detention, Fatma E. Marouf
Cardozo Law Review
The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.
A Principled Strategy For Addressing The Incarceration Crisis: Redefining Excessive Imprisonment As A Human Rights Abuse, Mirko Bagaric, Sandeep Gopalan, Marissa R. Florio
A Principled Strategy For Addressing The Incarceration Crisis: Redefining Excessive Imprisonment As A Human Rights Abuse, Mirko Bagaric, Sandeep Gopalan, Marissa R. Florio
Cardozo Law Review
In July 2015, Barack Obama became the first sitting U.S. President to visit a U.S. prison. The visit was largely symbolic. What is not symbolic is the reason for the visit. Sentencing policy and practice in the United States is fundamentally broken, to the point that it is an intellectual and normative wasteland. This has resulted in the United States becoming the world's most (gratuitously) punitive country. The imprisonment of over two million Americans is perhaps the most pressing domestic moral issue of our time. Further, the prison system is in a state of crisis due to the unsustainable cost …