Judges Commons^™

Arbitration And The Future Of Delaware's Corporate Law Franchise, Brian Jm Quinn

Cardozo Journal of Conflict Resolution

On September 9, 2011, Skyworks Solutions, Inc. ("Skyworks") and Advanced Analogic Technologies Incorporation ("AATI") entered into a merger agreement. The agreement included an uncommon provision with respect to dispute resolution. In part, that provision stated, "the parties hereto agree that any and all disputes arising under or related in any way to this Agreement or the Transactions shall be resolved solely in arbitration before the Court of Chancery of the State of Delaware. " Until AATI later sought specific performance of the merger agreement via arbitration pursuant to that provision, little notice had been paid by outside observers to the …

Increasing Referrals To Small Claims Mediation Programs: Models To Improve Access To Justice, Heather Scheiwe Kulp

Cardozo Journal of Conflict Resolution

The justice system is in crisis. In 2011, 85% of Connecticut's family court cases had at least one self-represented litigant. In Massachusetts, 92% of parties appearing in housing cases are selfrepresented. New York saw self-representation in 97% of child support cases. Although judges and attorneys are learning to adapt to this new reality, the strain is felt strongly by bench and bar alike.

This article explores a service that many courts already offer-small claims mediation-and studies how courts may more effectively refer parties to such services. Specifically, this article identifies six primary models courts use to refer parties to small …

What If You Build It And No One Comes?: The Introduction Of Mediation To Russia, Kathryn Hendley

Cardozo Journal of Conflict Resolution

Russia joined the community of countries where disputes can legally be diverted to mediation in early 2011. Russian court officials and judges were optimistic that mediation would alleviate the nagging problem of overloaded dockets; however, initial experience has shown that Russian litigants are skeptical of mediation. The reasons for this skepticism are a complex mix of institutional disincentives and a lack of familiarity with alternative dispute resolution. The relatively low costs associated with going to court in Russia, measured in terms of money, time, and relational damage, have done little to encourage litigants to opt for mediation. The absence of …

Panel I: Critical Legal Studies In Intellectual Property And Information Law Scholarship, Peter Goodrich, Sonia K. Katyal, Rebecca Tushnet

Cardozo Arts & Entertainment Law Journal

No abstract provided.

From The People's Court To American Idol: The Relationship Between Reality Television And Arbitration, On-Air And Off, Jared Bloch

Cardozo Journal of Conflict Resolution

The first section discusses the background of the role of alternative dispute resolution ("ADR") in television, starting with the courtroom dramas that helped bring ADR to mainstream culture. Next, the Note will explore the regulations that helped to shape the television industry, in conjunction with a discussion of why the impact of these regulations is still being felt today. Then, the Note will discuss the effect that guilds, such as the Screen Actors Guild ("SAG") and American Federation of Television and Radio Artists ("AFTRA"), have on arbitration provisions and contracts as a whole, as well as a bigger picture analysis …

Notice-And-Comment Sentencing, Richard A. Bierschbach, Stephanos Bibas

Articles

The article argues that criminal sentencing, often perceived as a singular, justice-focused moment, is in reality a complex, fragmented process heavily influenced by prosecutorial discretion and plea bargaining. It contends that public participation, inspired by principles of administrative law, could enhance the fairness, transparency, and legitimacy of sentencing and related processes, such as charging and plea bargaining. By integrating public input and structured decision-making, the criminal justice system could better align with democratic values and address systemic disparities.

Comparativist-Structural Approaches To Interpretation Of The Post-Obamacare Spending Power, Michelle Biddulph, Dwight G. Newman

Cardozo Journal of International and Comparative Law

The U.S. Supreme Court's decision on the Affordable Care Act (ACA) has significant implications for the federal spending power, a topic that has received limited scholarly attention. The article argues that understanding this aspect of the ACA ruling is crucial for comprehending its impact on future federal programs and legislative approaches. By examining the spending power frameworks in Canada and Australia, the article highlights how different federal systems balance central authority with regional autonomy, offering valuable lessons for the U.S. legal framework.

On Michel Rosenfeld's The Identity Of The Constitutional Subject, Seyla Benhabib

Cardozo Law Review

No abstract provided.

The Judge And Extrajudicial Conduct: Challenges, Lessons Learned, And A Proposed Framework For Assessing The Propriety Of Pursuing Activities Beyond The Bench, Jonathan Lippman

Cardozo Law Review

No abstract provided.

The Use Of Mediation As A Complement To The Integrated Domestic Violence Courts Of New York, Lauren K. Williams

Cardozo Journal of Conflict Resolution

In 2001, New York created the Integrated Domestic Violence Courts in order to more efficiently and more comprehensively address domestic violence cases. Domestic violence cases that were formerly spread out between two or three different courts can now be resolved in front of one judge. While this new court does minimize the hassle for the parties involved in the dispute and does eliminate inconsistent rulings by different judges in different courts, this new court structure does not address some problems that have existed with courts' approaches to resolving domestic violence. These problems include (1) that abusers can often afford to …

Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller

Cardozo Law Review

No abstract provided.

The Kiyemba Paradox: Creating A Judicial Framework To Eradicate Indefinite, Unlawful Executive Detentions, Samuel Chow

Cardozo Journal of International and Comparative Law

The article examines the Supreme Court's evolving role in reviewing detentions related to national security, particularly focusing on the writ of habeas corpus. It argues that while the Court has expanded habeas protections, significant limitations remain, especially in ordering release into the United States. The author contends that for habeas to be meaningful, courts must have the authority to grant "functional release," balancing individual liberty against executive powers. The analysis highlights key cases like Boumediene v. Bush, Munaf v. Geren, and Kiyemba v. Obama, which reveal the challenges in preventing indefinite detentions and the need for clearer …

The Judiciary In Political Transitions: The Critical Role Of U.S. Constitutionalism In Latin America, Nuno Garoupa, Maria A. Maldonado

Cardozo Journal of International and Comparative Law

This paper proposes a theory that explains how political transitions deal with incumbent judiciaries. We argue that a new political regime compares the benefit of reshaping the judiciary with loyal appointees against the political and economic costs of directly interfering, including the cost of international reputation. There are several forms of interventionism including court packing, court purging, and violence against the judiciary. We discuss political transitions in Europe and Latin American civil law jurisdictions through the lens of our theory. We argue that American constitutional influence plays a critical role. In addition, we provide a detailed analysis of the recent …

On The Difficulties Of Generalization - Pcaob In The Footsteps Of Myers, Humphrey's Executor, Morrison, And Freytag, Peter L. Strauss

Cardozo Law Review

No abstract provided.

Agency Independence After Pcaob, Kevin M. Stack

Cardozo Law Review

No abstract provided.

The Endorsement Factor, Marci A. Hamilton

Articles

No abstract provided.

Smith In Theory And Practice, Nelson Tebbe

Cardozo Law Review

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …

Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton

Cardozo Law Review

No abstract provided.

Acontextual Judicial Review, Louis Michael Seidman

Cardozo Law Review

No abstract provided.

Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer

Cardozo Law Review

No abstract provided.

The Four Pillars Of Constitutional Doctrine, Suzanna Sherry

Cardozo Law Review

No abstract provided.

Silence And Postmodern Copyright, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz

Cardozo Journal of Equal Rights & Social Justice

The article examines Judge Harold Baer's efforts to promote diversity among class counsel by requiring the inclusion of at least one minority and one female lawyer in class action cases. While Baer's intent to enhance diversity is commendable, the article argues that this requirement is not supported by the legal framework of Rule 23(g) of the Federal Rules of Civil Procedure, which governs the appointment of class counsel. The article contends that Baer's actions exceed his judicial authority and conflate his personal socio-political agenda with the legal requirements for class counsel appointment.

Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich

Articles

The article examines the intersection of law, theology, and visual/performance elements, arguing that legal discourse often overlooks the significance of typography, imagery, and theatricality. It highlights how legal texts use formatting techniques like bold and italics to convey meaning and draws parallels with theological concepts, such as the duality of power and the role of images in governance. The analysis critiques the legal tradition for neglecting these performative aspects and emphasizes the need to recognize law as a theater that denies its own theatricality.

Mandatory Minimalism, Erik Luna, Paul G. Cassell

Cardozo Law Review

No abstract provided.

Fair Measure Of The Right To Vote: A Comparative Perspective On Voting Rights Enforcement In A Maturing Democracy, Janai S. Nelson

Cardozo Journal of International and Comparative Law

The article examines the underenforcement of the right to vote in Ghana, focusing on the exclusion of incarcerated citizens (GICs) despite the 1992 Constitution granting universal adult suffrage. It argues that underenforcement stems from legislative, administrative, and judicial failures, undermining democratic principles. The Ghanaian Supreme Court's decision in OcanseyCHURCIL ruled that denying GICs the right to vote was unconstitutional, aligning with a broader interpretation of voting rights as fundamental. The article emphasizes the importance of explicit constitutional provisions and active enforcement by all government branches to sustain democracy, particularly in emerging democracies.

Judicial Elections And Courtroom Payola: A Look At The Ethical Rules Governing Lawyers' Campaign Contributions And The Common Practice Of "Anything Goes", Nancy M. Olson

Cardozo Public Law, Policy & Ethics Journal

The article examines the potential for bias in judicial decision-making due to campaign contributions from attorneys, highlighting the inadequacies of current ethical regulations and proposing reforms to address these issues. It argues that while the U.S. Supreme Court has acknowledged the risk of bias, existing rules under the ABA Model Rules of Professional Conduct fail to adequately address gray areas, such as uncompensated services and indirect influence. The analysis emphasizes the need for stronger disqualification standards and disclosure requirements to maintain judicial impartiality and public trust.

Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan

Cardozo Law Review

No abstract provided.

Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett

Cardozo Law Review

No abstract provided.

What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder

Cardozo Journal of International and Comparative Law

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.