Law and Politics Commons^™

International Stalemate: The Need For A Structural Revamp Of The U.N. Security Council, Jessica Elbaz

Cardozo Public Law, Policy & Ethics Journal

The note advocates for urgent reform of the United Nations Security Council (UNSC), focusing on abolishing the veto power of the five permanent members (P5) and expanding membership to improve representation and efficiency. It argues that the current structure often leads to gridlock, hindering effective action on global crises, and proposes replacing the veto with a composite majority voting system. The analysis emphasizes the need for reforms to address modern challenges, ensure timely interventions, and prevent violations of the UN Charter’s principles of peace and security.

The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong

Cardozo Journal of International and Comparative Law

According to the Malaysian Constitution, a "Malay" is one who, among other things, professes the religion of Islam. All Malays are, by legal definition, at least Muslims and they are not at liberty to leave Islam since a renunciation of the Islamic faith is tantamount to a renunciation of one's legally defined ethnic identity. This constitutional conflation of ethnicity and religion, which also serves the purpose of uniting the Malays and advancing their socio-economic interests, has been a distinct feature of the social landscape of the country since 1957, when it gained independence from British rule. This Article seeks to …

Infiltration Or Immigration: The Legality Of Israeli Immigration Policy Regarding African Asylum Seekers, Eliott Rimon

Cardozo Journal of International and Comparative Law

The note argues that while Israel has the right to control migration from Africa, its current legal framework for handling refugees and asylum seekers is inadequate and often unconstitutional. It calls for legislative reforms to ensure a just and systematic approach that balances national security with human rights, emphasizing the need for international cooperation to share the refugee burden.

Reorienting Restorative Justice: Initiating A New Dialogue Of Rights Consciousness, Community Empowerment And Politicization, Thalia González

Cardozo Journal of Conflict Resolution

For the last three decades scholars have explored the practice of restorative justice as a crime control mechanism in a multitude of settings. Much of the discourse has focused on restorative justice as an alternative to traditional punitive and retributive criminal justice processes. Whether restorative or punitive, criminal justice processes that seek to address harm are not apart, above, or outside social, cultural and political relations. This Article seeks to initiate a new dialogue of justice and argues that the ontology of restorative justice should to be viewed to include a liberatory moment of politicization focused on promoting equality and …

The Future Of Sex Offense Courts: How Expanding Specialized Sex Offense Courts Can Help Reduce Recidivism And Improve Victim Reporting, Catharine Richmond, Melissa Richmond

Cardozo Journal of Equal Rights & Social Justice

Specialty sex offense courts are a nascent judicial innovation that seek to improve general public safety by reducing recidivism. Decreased recidivism results from swifter, personalized, experienced, and consistent judicial action that encourages sex offenders to take more responsibility and seek rehabilitative assistance. In these specialized courts, communities of stakeholders work collaboratively to prevent future crime. Although somewhat counterintuitive, specialty courts that offer such intensive and specific attention are often more cost effective and efficient than their traditional counterparts are. This Article posits that sex offense courts should be expanded beyond the handful of jurisdictions where they currently exist, not only …

Rehabilitate Or Incarcerate? A Comparative Analysis Of The United States' Sentencing Laws On Low-Level Drug Offenders And Portugal's Decriminalization Of Low-Level Drug Offenses, Caroline E. Sapp

Cardozo Journal of International and Comparative Law

America's criminal justice system is in need of targeted reform. Throughout this country, too many Americans are trapped- and too many communities are weakened - by a vicious cycle of poverty, criminality, and incarceration. Too many people go to too many prisons for far too long - and for no truly good law enforcement reason. The U.S. prison population has grown at an astonishing rate over the last three decades - by almost 800 percent since 1980, despite the fact that America's overall population has increased by only about a third. As we speak, more than 219,000 federal inmates are …

Pondering The Politicization Of Intercountry Adoption: Russia's Ban On American "Forever Families", Anna Jane High

Cardozo Journal of International and Comparative Law

This Article explores and assesses the Russian discontinuance of intercountry adoptions to the United States, in light of international and regional child rights laws and the broader political context. Part II describes the history of Russia-U.S. adoptions up to and including the 2012 adoption ban. Part III sets forth international laws and principles relevant to Russia's adoption laws and practices. Part IV assesses Russia's ban on adoptions to America in light of domestic and international law and politics. It is argued, as a corrective to a common assumption in existing scholarship that children have a right to be adopted, that …

Unbinding Working Women In A "Binders-Full-Of-Women" Nation: How The United States Can Learn From Swedish, Norwegian And Icelandic Successes In Gender Pay Gap Legislation, Lily Hall

Cardozo Journal of International and Comparative Law

The note argues that the United States can significantly reduce its gender pay gap (GPG) by adopting policies inspired by Nordic countries, such as Sweden, Norway, and Iceland. These nations have achieved remarkable progress in gender equality through measures like generous parental leave, robust childcare systems, and boardroom quotas. The U.S., in contrast, faces persistent challenges due to limited legal protections and cultural resistance. The note advocates for legislative reforms, enhanced enforcement mechanisms, and cultural shifts to address these disparities.

Resident Evil: A Reformation Of U.S. Civil Confinement Law, Jessica Morak

Cardozo Journal of International and Comparative Law

The note critiques the U.S. system of civil confinement for sexually violent predators (SVPs), arguing that it prioritizes punishment over treatment due to delayed rehabilitative efforts. It proposes a hybrid system combining Canada's Dangerous Offender legislation with earlier U.S. sexual psychopath laws to address these issues. The hybrid approach aims to initiate treatment immediately after sentencing, reducing costs and improving rehabilitative outcomes.

Using Force Against The "Weapons Of The Weak": Examining A Chemical-Biological Weapons Usage Criterion For Unilateral Humanitarian Intervention Under The Responsibility To Protect, Andrew M. Bell

Cardozo Journal of International and Comparative Law

The civil war in Syria has demonstrated the international community's inability to act to protect civilians caught in mass atrocities during cases of U.N. Security Council deadlock, with permanent member vetoes presenting a significant legal obstacle to international humanitarian intervention.

The Responsibility to Protect (R2P) construct, created in response to the NATO intervention in Kosovo, was originally designed to overcome such Security Council paralysis by transforming the debate from the "right" of states to intervene to the "responsibility" of the entire international community to protect civilians as well as open the door to legitimate unilateral humanitarian intervention in cases of …

From Villa Grimaldi To Guantánamo Bay: Remedying Human Rights Abuses In Chile And The United States, Nadia Shamsi

Cardozo Journal of International and Comparative Law

The article examines the effectiveness of transitional justice mechanisms in addressing human rights abuses, using Chile's experience under Augusto Pinochet as a model. It critiques the U.S. for failing to adopt similar approaches to accountability, particularly in addressing abuses at Guantanamo Bay and other detention centers. The analysis highlights the importance of combining truth commissions, criminal prosecutions, and reparations to achieve justice and promote democratic transition. It argues that the U.S. must align its domestic practices with the international human rights standards it promotes.

Chapter 9 Bankruptcy In California: The Efficacy Of Mandating Alternative Dispute Resolution In Municipal Bankruptcy Filings, Michael Galen

Cardozo Journal of Conflict Resolution

The subject of this Note is of importance to ADR practitioners: the incorporation of ADR into a new state law can mitigate a heated legal struggle involving state and federal law, while balancing the competing interests of powerful parties like local governments and large unions. This subject demonstrates the efficacy of ADR as applicable to bankruptcy law, a realm with which many ADR practitioners may be unfamiliar. This Note's case study focuses solely on California law and cases because California stands alone in its approach of mandating ADR as a precondition to a municipal bankruptcy filing. Since all states have …

Status And Contract In An Emerging Democracy: The Evolution Of Dispute Resolution In Ghana, Paul F. Kirgis

Cardozo Journal of Conflict Resolution

Ghana is one of the developing world's success stories. The first sub-Saharan colony to gain independence, it is a stable democracy experiencing sustained economic growth. Yet as Ghana reaches for the material gains of participation in modern commercial life, its dual legal systems-the system of customary adjudication by traditional authorities and the formal court systemhave come under increasing pressure. New legal developments have truncated the authority of traditional decision-makers, while an overburdened court system lacks the resources to fill the resulting adjudicative gaps. To solve the problem, Ghana is now experimenting with a system of quasi-public dispute resolution, including contractual …

Taking The Bloody Linen Out Of The Closet: Menstrual Hygiene As A Priority For Achieving Gender Equality, Inga T. Winkler, Virginia Roaf

Cardozo Journal of Equal Rights & Social Justice

Regular menstruation signals a woman's health and fertility. menstruation is surrounded by shame, secrecy, embarrassment, fear, humiliation, silence, taboo, and stigma. Linked to this taboo, many cultural and religious norms-often grounded in patriarchal assumptions-seek to prevent contact with menstruating women and girls in order to avoid 'contamination' or 'becoming impure'. To some extent, this perception of menstruation is a paradox, given that motherhood is glorified. However, menstruation is not perceived as feminine', and it does not conform to the stereotypical role and behavior of women. Such stereotypes require women to be beautiful and beautified, deodorized and fresh, not bloody and …

Flying Into Mecca: When Gender Should Be A Bona Fide Occupational Qualification For Expatriation Assignments In Female-Hostile Host Countries, Richard F. Brueckner

Cardozo Journal of Equal Rights & Social Justice

The note examines the tension between preserving cultural identity and navigating the demands of globalization, particularly in the context of employment discrimination under Title VII of the Civil Rights Act. It focuses on the "bona fide occupational qualification" (BFOQ) exception, which allows employers to discriminate based on certain qualifications essential to the job. The analysis critiques the narrow interpretation of BFOQ by courts and explores its application in religious and gender discrimination cases, proposing a balanced approach to reconcile business needs with anti-discrimination principles.

The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton

Articles

No abstract provided.

The Powers Of Congress And The President On Matters That Affect U.S. Foreign Affairs, Malvina Halberstam

Articles

No abstract provided.

2013 International Advocate For Peace Award Acceptance Speech, Jimmy Carter

Cardozo Journal of Conflict Resolution

On April 10, 2013, the Cardozo Journal of Conflict Resolution presented its annual International Advocate for Peace Award to Jimmy Carter, 39th President of the United States. What follows is a transcription of his public address at the Law School, entitled "America as Global Mediator."

The Search For Authenticity And The Manipulation Of Tradition: Restrictions On Women's Reproductive Rights In The United States And Egypt, Sarah M. Stephens

Cardozo Journal of Equal Rights & Social Justice

The article argues that restrictions on women's reproductive rights in both the U.S. and Egypt are rooted in the use of authenticity and cultural essentialism to maintain patriarchal control. These restrictions, though justified through differing cultural and legal frameworks, reflect a common goal of silencing women and preserving traditional social hierarchies. The analysis highlights how law and politics are employed as tools to construct cultural otherness, furthering political agendas at the expense of women's reproductive autonomy and dignity.

Child Sex Abuse In Institutional Settings: What Is Next, Marci A. Hamilton

Articles

Reinforcing taboos have kept the topic of child sex abuse in institutions from public discussion in the United States until recently. Those walls are now crumbling, and we are entering an era of better public information and discourse, which, in turn, is fueling a movement for the improvement of the legal system's protection of children. In this Article, I will examine the taboos and the impact of their fall, and then chart the legal reforms that are flowing from their downfall.

Rulemaking As Politics, Thirty Years On, Michael Herz

Articles

No abstract provided.

The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.

The Global Reach And Limitations Of Self-Determination, Rob Dickinson

Cardozo Journal of International and Comparative Law

The article examines the evolving concept of self-determination through the lens of the Kosovo Status Settlement and its implications for the Tibet Question. It argues that the Kosovo case, despite being deemed sui generis, sets a precedent that could influence the interpretation of self-determination in other contexts, particularly in Tibet, where autonomy and independence have been contentious issues. The analysis highlights the tension between territorial integrity and human rights, suggesting that the Kosovo precedent may offer a new framework for addressing similar disputes.

Isn't It Ironic? The Undermining Of American Public Policy By American Tax Law, And The Ramifications On Middle East Peace, Amanda Berman

Cardozo Public Law, Policy & Ethics Journal

The note critiques the broad and vague definition of "charitable" under U.S. tax law, particularly in the context of domestic organizations operating internationally. It argues that the current system allows organizations to act contrary to U.S. public policy while receiving tax-exempt status, and it calls for reform to prevent the misuse of tax-deductible funds for activities that undermine government policies. The analysis focuses on the IRS's oversight failures and the need for clearer guidelines to ensure charitable organizations align with public interest and policy goals.

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 …

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. …

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Articles

The article critiques Professor Sanford Levinson's defense of compromise in constitutionalism, arguing that while compromise is ubiquitous, it is not inherently just or morally sound. The author, Richard Weisberg, contends that Levinson's flexible hermeneutic approach risks degrading textual integrity and ethical standards, particularly when compromise is elevated to a norm. Weisberg advocates for maintaining the integrity of sacred and legal texts, emphasizing the dangers of interpretive flexibility, especially in emergencies, and draws parallels to historical examples like Vichy France's complicity in Nazi policies.

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

Articles

The article argues that the decline of critical legal studies (CLS) stems not only from external challenges like tenure wars but also from internal weaknesses, particularly an affective incapacity and failure of collective desire. To revitalize CLS, the article proposes a return to its original mission of social transformation, emphasizing the spiritual and ethical dimensions of legal understanding. It draws on hermeneutics and art history to explore how legal symbols and images shape power dynamics, advocating for a deeper engagement with the invisible, non-law forces that guide legal administration.

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.

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.