Law and Politics Commons^™

The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari

Cardozo International & Comparative Law Review

Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …

Hong Kong And China: Building Bridges Between Two Systems In One Country, Harold Kang

Cardozo Journal of Conflict Resolution

In 1984, Britain and China negotiated an agreement that resulted in Hong Kong's reunification with China over one hundred years after it was surrendered to Britain following the Opium War. The Sino-British Joint Declaration stipulated that although China would exercise territorial sovereignty over Hong Kong, Hong Kong would still maintain a high degree of autonomy until the year 2047. This meant that Hong Kong would have independent executive, legislative, and judicial powers while maintaining its capitalist system and way of life. However, these promisesdespite codification in the Basic Law, which is a quasi-Constitution-do not escape the inherent contradiction in "one …

The Past, Present, And Future Of Christian Adr, Ronald J. Colombo

Cardozo Journal of Conflict Resolution

Many religious traditions recommend (if not require) that their adherents bring some if not all of their disputes with co-adherents before a religious tribunal for resolution. The Christian religious tradition is no exception. That said, the dramatic history of the Church in the West, from that of a persecuted Jewish sect, to the official state religion of Imperial Rome, to an international authority competing with that of local monarchs, to its modern status of merely tolerated, has yielded a variety of evolving perspectives on the question of intra-faith dispute resolution within Christianity. This article examines that question and the historical …

A Different Approach To The National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate The Creation Of Meaningful Legislative Policy, Arielle Kraus

Cardozo Journal of Conflict Resolution

This Note aims to shed light on a different approach to the national gun debate. The Background of this Note will explore the origin of the gun debate from both sides, the evolution of both the Gun Rights Lobby, spearheaded by the NRA, and the Gun Control Lobby, and the ways in which their evolutions have impacted the national debate today. The current state of the gun debate addresses the relationship between the polarity of the extreme positions and the political climate. Moderate democratic voices have seemed to disappear altogether, and in their place, extremists on both sides have filled …

Unpacking Trump's Brand Value: The Cost To Secured Creditors, Xuan-Thao Nguyen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Global Justice Vs. U.S. Global Hegemony: Rejecting Bolton’S Opposition To The Icc, Norman Swazo

Cardozo International & Comparative Law Review

Former U.S. National Security Advisor John R. Bolton has announced that as an official Trump Administration national security policy, the USA will not support the International Criminal Court (ICC) and instead will work for its demise. At issue here is a concept of global justice versus insistence on US global hegemony and a Pax Americana. Here, the author argues against Bolton's position rejecting the legitimacy of international law and the ICC. Bolton 's appeal to a principle of consent must yield to a principle of salience, as defended by Ronald Dworkin; a concept ofjustice, as advocated by Amartya Sen; and …

The Struggle For Marriage Equality And The Need To Focus On Transgender Rights In Taiwan, M. Bob Kao

Cardozo International & Comparative Law Review

Marriage equality has been the primary focus of LGBTQ rights activists in Taiwan for the past decade. After numerous setbacks, same-sex marriage was finally legalized in May 2019 by the Taiwanese Constitutional Court's decision finding that limiting marriage under the Civil Code as solely between a man and a woman was unconstitutional on grounds that it violated the principles of equality and the freedom of marriage. Moving forward, while ensuring marriage equality is enforced in practice, LGBTQ rights activists in Taiwan must strategize their next steps, including combating other types of discrimination based on gender and sexual orientation and advocating …

Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.

Gandhis Of The Deep State, Michael E. Herz

Online Publications

It is a truism that agency organizational charts are at least in part aspirational or idealized. The political appointees at the top lack perfect control over the career employees beneath them in the hierarchy. When all are rowing in the same direction, such agency costs matter little and may go unnoticed. But suppose they are not. What if they barely perceive themselves as in the same boat?

The Revival Of Economic Nationalism And The Global Trading System, Daniel C.K. Chow, Ian M. Sheldon, William Mcguire

Cardozo Law Review

The election of Donald ]. Trump to the U.S. Presidency coincided with the United States adopting an "America First" policy in trade. This policy reflects an underlying theory of economic nationalism that is fundamentally at odds with the current approach of the multilateral trading system established by the General Agreement on Tariffs and Trade and the World Trade Organization (GATT/WTO). The current multilateral system is based on a "positive sum game" theory, i.e., the view that cooperative trade concessions can increase the volume of trade for all nations involved and result in reciprocal and mutual benefits. A large body of …

Are Police Obsolete? Breaking Cycles Of Violence Through Abolition Democracy, V. Noah Gimbel, Craig Muhammad

Cardozo Law Review

On February 5, 2018, Baltimore activists organized a successful "cease-fire weekend," during which no one was killed-and the cops were not to thank. Indeed, as community anti-violence organizers worked to cool hot feuds in order to prove that endless violence was not their destiny, the Baltimore Police Department was sinking ever-deeper into perhaps the most shocking police corruption scandal of the twenty-first century.

The stark contrast between ordinary city residents risking their safety to fight against violence in their community and a corrupt police force committing and propagating acts of violence in the microcosmic streets of Baltimore raises what may …

Rethinking Social Media: An Expert Panel Discussion, Howard M. Squadron Program In Law, Media And Society, Bonavero Institute Of Human Rights, Cardozo Law Moot Court Honor Society

2018–2019 Flyers

This expert panel discussion, moderated by Professor Monroe Price, explored the evolving challenges and regulatory efforts related to social media. Held on Thursday, January 31st, from 6–8pm in the Moot Court Room at Cardozo School of Law, the event addressed pressing issues such as child pornography, cyberstalking, hate speech, terrorist content, and the impact of social media on U.S. elections. Panelists included Robyn Caplan (Data and Society), Jessa Lingel (University of Pennsylvania), and Cardozo Professor Felix Wu, whose work focuses on freedom of expression and cybersecurity. Presented by the Howard M. Squadron Program in Law, Media and Society in partnership …

International Advocate For Peace Award Acceptance Speech, James Paul Mccartney

Cardozo Journal of Conflict Resolution

On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.

Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello

Cardozo Journal of Conflict Resolution

This Note seeks to answer the following question: How Twitter, its users, and the President can participate in a multi-party negotiation to decide on terms to enact into a user agreement for Twitter for the purposes of ensuring citizens' First Amendment rights are not violated if the President blocks them on Twitter. Part II of this Note discusses the role of the government when they suppress speech on public forums. It additionally addresses how Trump's actions of blocking citizens were declared a violation of their First Amendment rights. Part III raises the issues citizens face when naming the President as …

Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 2, Sean Morales-Doyle, Anthony Posada, Sebastian Solomon

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Abolishing The Private Prison Industry's Evolving Influence On Immigrant Oppression, Antonio Iglesias

Cardozo Journal of Equal Rights & Social Justice

The note argues that the private prison industry significantly influences immigration policies, leading to increased detention and oppression of immigrants. It advocates for abolishing private prison contracts, citing the negative social and humanitarian impacts, and suggests that states like Arizona should adopt legislation similar to Illinois and New York to protect immigrants' rights.

Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku

Cardozo International & Comparative Law Review

The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.

The Modern Public Square: Digital Viewpoint Discrimination In The Age Of @Realdonaldtrump, Jonathan Groffinan

Cardozo Journal of Equal Rights & Social Justice

The note argues that official social media accounts used by political figures for public engagement should be classified as designated public forums, ensuring First Amendment protections against viewpoint discrimination. It contends that blocking users based on their viewpoints violates constitutional rights, as such accounts serve as modern public squares essential for free speech and open discourse.

Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison

Cardozo International & Comparative Law Review

Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

Developing Communities Of Dialogue, Jonathan R. Cohen

Cardozo Journal of Conflict Resolution

We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and …

Parallel State, Gregory Dolin, Irina D. Manta

Cardozo Law Review

Alternatively glamorized and reviled, Rio de Janeiro's shantytowns, known as 'favelas," have become a fixture of the city's architecture and life. It is estimated that about 1.5 million people reside in these informal settlements that are scattered in the center and outskirts of Brazil's second-largest metropolitan area. Operating in the shadow of the law and lacking formal ownership title, favela residents have constructed an intricate set of informal rules to buy, sell, rent, and bequeath property that is often administered by the residents' associations of individual neighborhoods, which also assist in mediating related conflicts. While largely untested legal mechanisms may …

A Theory Of Bribery, Deborah Hellman

Cardozo Law Review

In a unanimous opinion in McDonnell v. United States, the Supreme Court invalidated the conviction of the former Governor of Virginia on charges of bribery and called attention to the critical role that bribery laws play in democratic government. Bribery laws fulfill this function by determining what actions of governmental officials are, and are not, for sale. Bribery laws also undergird the Court's campaign finance cases. Campaign finance doctrine rests on the assumption that a legitimate campaign contribution is distinguishable from a bribe, at least in theory. But is it? In order to answer this question, we need a theory …

The Core Case For Weak-Form Judicial Review, Rosalind Dixon

Cardozo Law Review

This Article contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is "weak"-or broad but non-final-rather than "strong"-form in nature. Judicial review of this kind, the article argues, can help counter blockages in the legislative process-such as legislative "blind spots" and "burdens of inertia"-that can otherwise impair the enjoyment of individual rights even of a kind recognized by democratic majorities. This, the Article suggests, provides an important, if contingent, outcome-based case in favor of courts exercising powers of weak-form review. The case for weak judicial review of …

Online Dispute Resolution: Stinky, Repugnant, Or Drab, Robert J. Condlin

Cardozo Journal of Conflict Resolution

In Part II, I provide a brief overview of ODR systems, describing the largest, most well-known, and most sophisticated platforms now in place, to give the reader a sense of the- richness, variety, and benefits of online disputing, and a hint of developments still to come. In Part III, I describe certain legal, political, and moral concerns that have yet to be addressed in the ODR literature, and identify some of the unintended consequences the widespread adoption of ODR systems might produce. And in Part IV, I describe ODR's unfinished agenda, the questions proponents of the process must answer, and …

Fighting Falsity: Fake News, Facebook, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Fake news stories about the major presidential candidates became widespread on Facebook and elsewhere online in the months leading up to the 2016 presidential election, raising questions of whether fake news influenced the outcome of the election. The ease and speed with which false news stories can spread online poses a threat to the efficient functioning of our democracy, a threat the government has a compelling interest in addressing. Political speech, however, even when false, is highly protected by the First Amendment, making it unlikely a valid law against fake news could be crafted. Candidates might pursue defamation actions against …

Amending The Consent Decrees To Bring Musical Composition Licensing Into The Free Market, Danielle Ely

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina

Cardozo Journal of International and Comparative Law

The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.

The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology, Michel Rosenfeld

Articles

No abstract provided.

Feminism In The Age Of Trump, Jennifer Ching, Mai Ratakonda, Miriam Ticktin, Claudia Flores, Julie Suk, Jocelyn Getgen Kestenbaum, Susanna Mancini

Cardozo Journal of Equal Rights & Social Justice

The symposium explores the challenges and opportunities for advancing gender equality through legal reforms, particularly focusing on the Equal Rights Amendment (ERA) and the intersectionality of women's rights with other social justice movements. It emphasizes the need for a more inclusive and systemic approach to addressing gender inequalities, highlighting both the historical struggles within the feminist movement and the contemporary barriers to achieving substantive equality. The discussion underscores the importance of constitutional and legislative reforms, such as the ratification of the ERA, to address ongoing disparities in pay, representation, and access to reproductive rights.