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Articles 91 - 120 of 218
Full-Text Articles in Jurisdiction
Rethinking The Sovereign Status Of The Holy See: Towards A Greater Equality Of States And Greater Protection Of Citizens In United States Courts, James Fantau
Cardozo Journal of International and Comparative Law
The note advocates for the reclassification of the Holy See from a sovereign state to an instrumentality under the Foreign Sovereign Immunities Act (FSIA). This change would enhance legal accountability, particularly in cases involving sexual abuse scandals, by allowing plaintiffs to sue the Holy See more effectively. The argument is based on legal tests, including the core functions test and the legal characteristics test, which suggest that the Holy See functions more as an instrumentality of the Vatican City State rather than a sovereign entity.
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York, Michael A. Mcgarry Jr.
Vestiges Of Jurisdiction: On The In Rem Nature Of Pre-Judgment Attachment In New York, Michael A. Mcgarry Jr.
Cardozo Law Review
No abstract provided.
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
After Deference: Formalizing The Judicial Power For Foreign Relations Law, Deborah Pearlstein
Articles
How much deference should courts afford executive branch interpretations of statutes and treaties? The question that has long engaged foreign relations scholars has found new salience as it has become apparent in recent years that the Supreme Court will neither abstain nor reliably defer to presidential judgment even in cases implicating national security. As the courts grapple with the scope of detention authority granted by Congress’ 2001 Authorization for the Use of Military Force, or the limits on that authority under the Geneva Conventions, a number of scholars have embraced administrative law deference doctrines such as that in Chevron v. …
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon
Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon
Cardozo Journal of Conflict Resolution
In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
Cardozo Journal of Conflict Resolution
This Note argues that the ECJ's West Tankers decision to ban an anti-suit injunction in Europe, coupled with the recent European Commission's reform proposals to govern arbitration within the jurisdictional framework of the Brussels Regulation No. 44/ 2001 ("Brussels Regulation"), directly clash with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and practically amount to a blanket rule that bars English courts from upholding arbitration agreements.
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Cardozo Journal of Equal Rights & Social Justice
The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Judicial Activism And The Interpretation Of The Voting Rights Act, Luis Fuentes-Rohwer
Cardozo Law Review
No abstract provided.
A Theoretical Justification For Special Solicitude: States And The Administrative State, Matthew S. Melamed
A Theoretical Justification For Special Solicitude: States And The Administrative State, Matthew S. Melamed
Cardozo Public Law, Policy & Ethics Journal
The article examines the Supreme Court's decision in Massachusetts v. EPA, focusing on the doctrine of special solicitude in standing analysis for states. It argues that the Court's recognition of Massachusetts' quasisovereign interest to challenge the EPA's denial of a rulemaking petition reflects a federalist concern, ensuring states can hold federal administrative agencies accountable. The analysis critiques the Court's reliance on special solicitude, highlighting tensions between traditional standing requirements and the unique role of states in constitutional adjudication. The article posits that the special function model of standing, which emphasizes states' roles as protectors of citizens' interests, provides a …
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Putting The Brakes On Libel Tourism: Examining The Effects Test As A Basis For Personal Jurisdiction Under New York's Libel Terrorism Protection Act, Michelle Feldman
Cardozo Law Review
No abstract provided.
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha
Comparison And Analysis Of Korea And Japan Status Of Forces Agreements And Their Implications For Iraq's Sofa, Jiyoung Cha
Cardozo Journal of International and Comparative Law
The note examines the tension between protecting U.S. military personnel's rights and respecting host nations' sovereignty through Status of Forces Agreements (SOFAs), focusing on cases from Korea, Japan, and Iraq. It argues that while SOFAs are designed to protect U.S. soldiers, they often infringe on host countries' sovereignty, leading to diplomatic tensions. The analysis highlights the imbalance in SOFAs, favoring the U.S. and undermining host nations' sovereignty, as perceived by citizens and governments. The author suggests that the U.S. needs to adjust its SOFA approach to avoid diplomatic tensions, recommending a more balanced jurisdictional framework.
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
The Usual Practice: Raising And Deciding Failure To Exhaust Administrative Remedies As An Affirmative Defense Under The Prison Litigation Reform Act, Joshua S. Moskovitz
Cardozo Law Review
No abstract provided.
The Next Generation Of Online Dispute Resolution: The Significance Of Holography To Enhance And Transform Dispute Resolution, Susan Nauss Exon
The Next Generation Of Online Dispute Resolution: The Significance Of Holography To Enhance And Transform Dispute Resolution, Susan Nauss Exon
Cardozo Journal of Conflict Resolution
Many scholars have written about the use of various technologies used to enhance or transform face-to-face alternative dispute resolution (ADR) processes. Whether termed online dispute resolution (ODR), cybermediation, also known as online mediation, cybercourt, electronic courthouse, virtual courtroom, virtual ADR, video conferencing, or telepresence, each of these technological advances revolves around the use of the Internet or some form of technology to facilitate long-distance, virtual communication without the necessity of physical travel or face-to-face contact. Most scholars have ignored holography, which is the next generation of technology, or perhaps we can more aptly refer to it as a current, unsung …
The False Modesty Of Department Of Revenue V. Davis: Disrupting The Dormant Commerce Clause Through The Traditional Public Function Doctrine, Edward A. Zelinsky
The False Modesty Of Department Of Revenue V. Davis: Disrupting The Dormant Commerce Clause Through The Traditional Public Function Doctrine, Edward A. Zelinsky
Articles
No abstract provided.
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Federal Arbitration Act After Alafabco: A Case Analysis, Benjamin D. Tievsky
The Federal Arbitration Act After Alafabco: A Case Analysis, Benjamin D. Tievsky
Cardozo Journal of Conflict Resolution
In late 2009, a divided Supreme Court of Washington held in Satomi Owners Ass'n v. Satomi, L.L.C. that the arbitration provision in a warranty addendum to a sales contract between a condominium developer and an owners' association was enforceable. Specifically, the court held that the provision was within the reach of the Federal Arbitration Act, and that a Washington state statute preserving the parties' right to litigate with regard to the warranty addendum was therefore preempted. This Note will explore the potential importance of this decision for defining the contours of the applicability of the Federal Arbitration Act (at least …
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Safeguarding The Integrity Of Tribal Elections Through Campaign Finance Regulation, Paul W. Shagen
Cardozo Public Law, Policy & Ethics Journal
The article argues that Indian tribes must enact comprehensive campaign finance regulations to protect the integrity of their electoral processes, balancing the need to prevent corruption with First Amendment rights. These regulations must navigate the restrictive framework set by the Montana ruling, which limits tribal authority over nonmembers, while leveraging tribal sovereignty and cultural values to uphold self-governance. The analysis emphasizes the importance of aligning such regulations with both the Buckley framework and tribal constitutions to ensure enforceability and respect for collective interests.
From The Chair, Lela P. Love
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Beyond Borders: Disassembling The State-Based Model Of Federal Forum Fairness, Jamelle C. Sharpe
Cardozo Law Review
No abstract provided.
Commerce Flaws: "Taking Exception" With Garb V. Poland'S Misinterpretation Of The Commercial Activity And Takings Exceptions Of The Fsia, Joshua A. Kirstein
Commerce Flaws: "Taking Exception" With Garb V. Poland'S Misinterpretation Of The Commercial Activity And Takings Exceptions Of The Fsia, Joshua A. Kirstein
Cardozo Journal of International and Comparative Law
The Second Circuit's application of the Foreign Sovereign Immunities Act (FSIA) in the Garb case was flawed, as it incorrectly used the "core functions" test instead of the "legal characteristics" test. This led to the improper granting of sovereign immunity to Poland, denying justice to the plaintiffs in a Holocaust-era property dispute. The decision undermines the FSIA's intent and sets a concerning precedent.
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Assessing The Scope Of Williamson County: Why It Should Be Applied To Private Purpose Claims, Jonathan Rohr
Cardozo Law Review
No abstract provided.
An Unnecessary Convenience: The Assertion Of The Uniform Code Of Military Justice ("Ucmj") Over Civilians And The Implications Of International Human Rights Law, Dan E. Stigall
Cardozo Journal of International and Comparative Law
The expansion of the Uniform Code of Military Justice (UCMJ) to include jurisdiction over civilians during contingency operations raises significant legal and human rights concerns, particularly regarding due process and equality under the International Covenant on Civil and Political Rights (ICCPR). While the UCMJ aims to maintain military order, its application to civilians may not meet the ICCPR's requirements for necessity and fairness, potentially undermining the U.S.'s international reputation. However, proponents argue that military jurisdiction can sometimes advance human rights and accountability, suggesting a need for balanced solutions.
Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter
Multijurisdictional Adr Practice: Lessons For Litigators, Kristen M. Blankley, Emily E. Root, John Minter
Cardozo Journal of Conflict Resolution
This article attempts to give an overview of the problem facing litigators in their increasingly global practice, as well as the steps that litigators can take to act in compliance with legal and ethical guidelines. Accordingly, this article is divided into two broad areas. First, this article will discuss what activities constitute the practice of law and which jurisdiction's law should govern, focusing on whether ADR practices constitute the practice of law. Second, if the litigator is engaged in the practice of law, this article considers what actions the litigator should take in order to comply with the applicable ethical …
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Alternative Dispute Resolution In Small Consensual Litigation: Too Much Of A Good Thing?, Mark S. Simms
Cardozo Journal of Conflict Resolution
The evolution of equity in tort has brought about the use of alternative methods of dispute resolution in reaching settlements in mass tort cases: "Indeed, equity is a progressive force in the law. When formal adjudication cannot provide a plain, adequate, and complete remedy, the system of ADR should be flexible enough to deliver individualized justice." It appears, however, that the use of ADR is not always a prudent exercise of the court's power, nor is it always conducive to individual justice. This Note examines the Gray case, in which the court appointed a special master, thereby assigning one man …
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Tax Incentives For Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Articles
No abstract provided.
Rethinking Tax Nexus And Apportionment: Voice, Exit, And The Dormant Commerce Clause, Edward A. Zelinsky
Rethinking Tax Nexus And Apportionment: Voice, Exit, And The Dormant Commerce Clause, Edward A. Zelinsky
Articles
The dormant Commerce Clause concept of tax nexus is best understood as a rough, but serviceable, proxy for the taxpayer's standing in the political process. This perspective leads me to defend Quill Corporation v. North Dakota and the much maligned physical presence test for tax nexus. As a matter of legislative policy, the critics of this test may be correct. However, as a matter of constitutional law, the courts should adhere to an expanded physical presence standard as Congress crafts for the long term broader nexus rules based on economic presence. Taxation is an inherently and irreducibly political matter. An …
What's Left Of The Twenty-First Amendment?, Jonathan M. Rotter, Joshua S. Stambaugh
What's Left Of The Twenty-First Amendment?, Jonathan M. Rotter, Joshua S. Stambaugh
Cardozo Public Law, Policy & Ethics Journal
The article examines the evolving jurisprudence of the Twenty-first Amendment and its intersection with the Dormant Commerce Clause, arguing that the Supreme Court has increasingly adopted a balanced approach. This approach prioritizes preventing economic discrimination while respecting state regulatory authority over liquor. The analysis highlights a shift away from a broad interpretation of the Twenty-first Amendment, emphasizing that states must justify discriminatory liquor regulations under a strict scrutiny standard. The Court’s rulings, particularly in Granholm v. Heald, have opened markets to out-of-state producers, promoting a more uniform national liquor market.
State Government Speech In A Federal System, Laura J. Hendrickson
State Government Speech In A Federal System, Laura J. Hendrickson
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Promoting Equality After Genocide, Sheri P. Rosenberg
Promoting Equality After Genocide, Sheri P. Rosenberg
Articles
The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Lessons From Katrina: What Went Wrong, What Was Learned, Who's Most Vulnerable, Irwin Redlener, David M. Abramson, Richard Garfield
Cardozo Journal of Equal Rights & Social Justice
The article examines the lessons learned from Hurricane Katrina, emphasizing that while natural disasters are inevitable, their impact can be significantly mitigated through improved planning, addressing social vulnerabilities, and learning from past failures. It argues that Katrina's devastating effects were exacerbated by existing social issues and inadequate preparedness, highlighting the need for comprehensive strategies to reduce future risks.
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Cardozo Journal of Equal Rights & Social Justice
The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.