Law and Politics Commons^™

Political Prediction Markets: A Better Way To Conduct Campaigns And Run Government, Andrew S. Goldberg

Cardozo Public Law, Policy & Ethics Journal

The note advocates for the federal government to create an exception to the Unlawful Internet Gambling Enforcement Act (UIGEA) specifically for political prediction markets and proposes that the Commodity Futures Trading Commission (CFTC) regulate these markets under the Commodity Exchange Act (CEA). It argues that political prediction markets, such as Intrade and the Iowa Electronic Markets (IEM), offer significant benefits, including improved information aggregation, accurate election predictions, and potential improvements in campaign strategy and policymaking. The note also highlights the potential for these markets to reduce corruption in campaign finance and provide individuals with a financial hedge against political outcomes.

Negotiating Implementation Of A Peace Agreement: Lessons Learned From Five Years At The Negotiating Table, Amos N. Guiora

Cardozo Journal of Conflict Resolution

For five years (1994-1999), I directly negotiated on-theground implementation of the Oslo Peace Process in the Gaza Strip. In my capacity as the Judge Advocate General's ("JAG") Corps Legal Advisor to the Israel Defense Forces ("IDF") Commander, Gaza Strip (1994-1997), I had primary responsibility for both interpretation and negotiation, first for the Gaza-Jericho Agreement and subsequently for the Interim Agreement as it applied to the Gaza Strip.

Regulating Hate And Racial Speech In Israel, Raphael Cohen-Almagor

Cardozo Journal of International and Comparative Law

The article explores the tension between regulating hate speech and protecting free expression in Israel, advocating for a balanced approach that allows legal intervention only when there is a clear and imminent threat of harm. It proposes a cautious use of legal measures, emphasizing education and counter-speech as preferred responses, while ensuring consistent regulation across all media platforms, including the internet.

Political Responses To Supreme Court Decisions, Marci A. Hamilton

Articles

No abstract provided.

Can The Iraqi Special Tribunal Further Reconciliation In Iraq?, Anna Triponel

Cardozo Journal of International and Comparative Law

This article aims to answer the question of whether the Iraqi Special Tribunal has the potential to reconcile the Iraqi community with its past, and if so, whether this potential has been fulfilled.

The first section looks at lessons learned from previous international criminal tribunals to assess their potential to reconcile a community with its past. In theory, international criminal law has the opportunity to impact diverse goals crucial for the reconciliation process, namely installing a sense of justice in victims, playing a deterrent effect on wrongdoers, providing a statement of the facts, acknowledging officially what happened, and providing an …

Foreword: Iraq And The Making Of State Media Policy, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Dynamics Of Iraq's Media: Ethno-Sectarian Violence, Political Islam, Public Advocacy, And Globalization, Ibrahim Ai-Marashi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer

Articles

No abstract provided.

Eyewitness Identification, Democratic Deliberation, And The Politics Of Science, Andrew E. Taslitz

Cardozo Public Law, Policy & Ethics Journal

The article examines the intersection of social science and legal policy in eyewitness identification, focusing on the role of prosecutors and the American Bar Association (ABA) Eyewitness Resolution. It argues that while social science provides critical insights to improve identification accuracy, the translation of these insights into legal policy involves normative judgments that balance competing values, such as protecting the innocent and ensuring public safety. The author critiques the limitations of internal deliberative processes within law enforcement and prosecutorial offices, advocating for more transparent and inclusive deliberative structures to address systemic errors and promote justice.

Justice & Foreign Affairs: Taking The European Neighbourhood Partner Countries To The European Court Of Justice, Lior Zemer, Sharon Pardo

Cardozo Journal of International and Comparative Law

The article argues that the European Union (EU) should extend the jurisdiction of the European Court of Justice (ECJ) to cover disputes arising from agreements with Neighborhood Partner Countries (NPC) under the European Neighbourhood Policy (ENP). This extension is essential for upholding the EU's constitutional principles, ensuring judicial review, and maintaining the coherence of EU external relations. The authors advocate for the ECJ as the most suitable judicial forum to address these disputes, emphasizing its role in reinforcing the EU's legal identity and capacity building.

Trials & Errors: The Rights Of The Korean Comfort Women And The Wrongful Dismissal Of The Joo Case By The District Of Columbia Federal Courts, L. David Nefouse

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. courts erred in dismissing the Joo case, which sought justice for Korean Comfort Women against Japan. It contends that the dismissals were based on flawed legal analyses, particularly regarding sovereign immunity under the Foreign Sovereign Immunities Act (FSIA) and the political question doctrine. The author advocates for the women's right to a judicial hearing under U.S. and international law, emphasizing the need for accountability for war crimes and crimes against humanity.

Land Conflict Management Under A Tree Cropping System: The Case Of Theobroma Cacao In Southwestern Nigeria, E. O. Idowu

Cardozo Journal of Conflict Resolution

General observation and systematic research have consistently indicated that a sizeable portion of farmlands within the cacao growing communities of southwestern Nigeria is tenant-operated. This article will focus primarily on a specific study area within Southwestern Nigeria. Within the study area, the cultivation of cacao, mainly for export, is of primary importance to the farmers. Economic and social activities revolve around the crop with annual festivals and ceremonies held during the periods immediately after the annual sale of the crop. Until 1985, the study area produced about 40% of total Theobroma cacao (cacao) output for southwestern Nigeria. This share has …

What Is Rehnquist Federalism?, Marci A. Hamilton

Articles

No abstract provided.

The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani

Cardozo Journal of Conflict Resolution

Time is on our side and security is to be found, only if we would have a change of heart about the role that citizens can play in the future of international law. True, citizens do play a role in the development and enforcement of domestic laws, especially in more democratic and Western societies. Citizens have also had significant influence in the development of international law. However, citizens (i.e. non-state actors) have not had a direct hand in the enforcement of international law through private action as accorded to state-actors (i.e. governments). This means that citizens, in most cases, have …

The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun

Cardozo Journal of Equal Rights & Social Justice

The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.

Antidiscrimination Law In The Administrative State, Julie C. Suk

Articles

The article argues that antidiscrimination law in the U.S. should shift its focus from corrective justice, which addresses individual wrongs, to distributive justice, which aims to eradicate systemic inequalities and promote equal opportunities. This shift would require enhancing the role of administrative agencies, such as the EEOC, to enforce antidiscrimination laws more effectively through proactive regulation and rulemaking. The article draws on the British model, where administrative agencies have stronger enforcement powers, to suggest reforms for the EEOC.

J.D., Peter Goodrich

Cardozo Law Review

No abstract provided.

Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku

Cardozo Journal of International and Comparative Law

The article critiques Nigeria's absolute ban on corporate political activism as unrealistic and counterproductive, advocating for a more nuanced regulatory framework. It proposes allowing corporate political participation with safeguards like disclosure requirements and shareholder involvement, drawing insights from U.S., U.K., and Canadian approaches to balance free expression with corruption prevention.

What Does "Religion" Mean In The Public Square?, Marci A. Hamilton

Articles

No abstract provided.

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.

The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman

Cardozo Journal of Conflict Resolution

Discussions of what justice means in mediation have a dialectical quality to them. At various points in the field's history, the notion that justice in mediation consists of fully maximized disputant self-determination holds sway. At other historical moments, a tentative consensus appears to recognize that justice in mediation requires normative content independent of the disputants' beliefs and values.

Ways Of Being Singular: The Logic Of Individuality, Robert Berman

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's systematic logical account of individuality, arguing that it provides a foundational framework for understanding the concept through a set-theoretical interpretation. It identifies four conceptions of individuality—minimal, exclusivity, virtuosity, and novelty—and examines how Hegel's logic of individuality, as part of his broader philosophical system, offers a structured approach to reconciling these ideas. The article contends that the virtuosity model, which balances normative criteria with inclusivity, best aligns with Hegel's account, emphasizing the unity of universality and particularity in defining individuality.

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …

Should Governments Play Robin Hood? The Effects Of The Repeal Of The Estate Tax On Wealth Apportionment, Mark Bernstein

Cardozo Journal of International and Comparative Law

The note explores the debate surrounding wealth disparity and the effectiveness of taxes, such as the estate tax and net wealth tax, in addressing this issue. It examines the historical and contemporary arguments for and against these taxes, drawing comparisons between the U.S. and countries like Japan, Sweden, and Switzerland. The analysis highlights the tension between reducing wealth inequality and maintaining economic growth, ultimately suggesting that a well-structured net wealth tax could be a viable solution to both redistribute wealth and generate revenue.

Antidumping And The Continued Dumping And Subsidy Offset Act Of 2000: A Renewed Debate, Meredith Schutzman

Cardozo Journal of International and Comparative Law

The note critiques the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA), arguing that its redistributive mechanism violates World Trade Organization (WTO) agreements, leading to significant trade tensions and calls for its repeal or amendment.

The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper

Cardozo Journal of International and Comparative Law

The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …

Direct Democracy And The Protestant Ethic, Marci A. Hamilton

Articles

No abstract provided.

The International Video Industry: Principles For Vertical Agreements And Integration, John H. Barton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Incest Next?, Brett H. Mcdonnell

Cardozo Journal of Equal Rights & Social Justice

The article examines whether the Supreme Court's decision in Lawrence v. Texas, which invalidated sodomy laws, might lead to the legalization of consensual adult incest. While the decision could theoretically create a precedent for challenging incest laws, the author argues that such an outcome is unlikely due to significant legal, social, and political differences between sodomy and incest.