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Articles 91 - 120 of 207
Full-Text Articles in Law and Race
Critical Race Ip, Anjali Vats, Deidré A. Keller
Critical Race Ip, Anjali Vats, Deidré A. Keller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher
The War On Rape? The Implications Of Setting Mandatory Minimum Sentencing For Rape And Sexual Assault Convictions, Daniel Belcher
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the adoption of mandatory minimum sentences for rape offenses in states like New York, drawing on California's approach, to address lenient sentencing and ensure justice for victims. While acknowledging concerns about racial disparities and parallels to the War on Drugs, the author emphasizes the need for consistent and just sentencing to deter future offenses and reflect societal abhorrence of sexual assault.
(Re)Defining Race: Addressing The Consequences Of The Law's Failure To Define Race, Destiny Peery
(Re)Defining Race: Addressing The Consequences Of The Law's Failure To Define Race, Destiny Peery
Cardozo Law Review
Modern lawmakers and courts have consistently avoided discussing how to define race for legal purposes even in areas of law tasked regularly with making decisions that require them. This failure to define what race is in legal contexts specifically requiring such determinations, and in the law more broadly, creates problems for multiple actors in the legal system, from plaintiffs deciding whether to pursue claims of discrimination, lawyers deciding how to argue cases, and legal decision-makers deciding cases where race is not only relevant but often central to the legal question at hand. This Article considers the hesitance to engage with …
New Directions For European Race Equality Law: Chez Razpredelenie Bulgaria Ad V. Komisia Za Zashtita Ot Diskriminatsia, Anelia Nikolova, Julie C. Suk
Articles
The CJEU's decision in CHEZ Razpredelenie Bulgaria AD v. Komisia za zashtita ot diskriminatsia expands the scope of racial discrimination law by allowing non-minority individuals to challenge practices that disadvantage minority groups, thereby promoting inclusive societies. The court broadened the definition of indirect discrimination, emphasizing the impact of practices rather than intent, and highlighted societal goals over individual harm.
Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella
Does "Precrime" Mesh With The Ideals Of U.S. Justice?: Implications For The Future Of Predictive Policing, Jackson Polansky, Henry F. Fradella
Cardozo Public Law, Policy & Ethics Journal
Both the short story and film Minority Report are premised on a Precrime unit that relies on the psychic abilities of human mutants who can predict the commission of crimes before they occur. Advances in technology suggest that the science fiction depicted in Minority Report may one day become a reality. This paper summarizes the ways in which the criminal justice system currently derives crime predictions and extrapolates from these methods how technology might one day allow police to intervene before crimes are committed with great regularity and accuracy. The paper contemplates how an actual precrime system would struggle to …
The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons
The Institutional Case For Partisan Gerrymandering Claims, G. Michael Parsons
Cardozo Law Review de•novo
For voters hoping the Supreme Court’s 2017 Term brings relief from partisan gerrymandering, the end of the 2016 Term was inauspicious. In Cooper v. Harris, the majority assumed the legitimacy of “partisan advantage” arguments while the dissent—including Justice Kennedy—warned about the “serious institutional and federalism implications” of judicial intervention in the redistricting process. If past is prologue, this concern for institutional and structural interests does not bode well.
The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie
The Constitutionality Of Racially Integrative Purpose, Elise C. Boddie
Cardozo Law Review
The article explores the constitutionality of policies that are race-neutral on their face but are designed to include historically marginalized racial groups, arguing that such policies are presumptively constitutional. The author suggests that the Supreme Court, influenced by Justice Kennedy's opinions, is increasingly accepting these policies as constitutional if they promote racial integration without using race-specific means.
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
What’S Wrong With Sentencing Equality?, Richard A. Bierschbach, Stephanos Bibas
Articles
Equality in criminal sentencing often translates into equalizing outcomes and stamping out variations, whether race-based, geographic, or random. This approach conflates the concept of equality with one contestable conception focused on outputs and numbers, not inputs and processes. Racial equality is crucial, but a concern with eliminating racism has hypertrophied well beyond race. Equalizing outcomes seems appealing as a neutral way to dodge contentious substantive policy debates about the purposes of punishment. But it actually privileges deterrence and incapacitation over rehabilitation, subjective elements of retribution, and procedural justice, and it provides little normative guidance for punishment. It also has unintended …
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson
Cardozo Law Review
This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination-patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens that they …
High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras
High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras
Cardozo Journal of International and Comparative Law
The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.
We Don't Come From A Land Down Under: How Adopting Australia's Gun Laws Would Violate The Second Amendment Of The U.S. Constitution, Jonathan Weg
Cardozo Journal of International and Comparative Law
The note examines the legal and policy implications of adopting Australia's strict gun laws in the United States, arguing that such measures would likely violate the Second Amendment, which guarantees the right to bear arms. While Australia's National Firearms Agreement (NFA) has successfully reduced gun violence, the U.S. constitutional framework, particularly the Second Amendment, poses significant legal barriers to replicating similar laws. The analysis highlights the cultural and legal differences between the two countries, emphasizing that compulsory gun buybacks and restrictions on firearms for self-defense would face constitutional challenges in the U.S.
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison
My Hair Is Not Like Yours: Workplace Hair Grooming Policies For African American Women As Racial Stereotyping In Violation Of Title Vii, Dawn D. Bennett-Alexander, Linda F. Harrison
Cardozo Journal of Equal Rights & Social Justice
This article argues that workplace discrimination based on hair grooming policies disproportionately impacts African American women. The article seeks to establish that natural hair is an immutable characteristic, as is all hair, made mutable by social policies that impose an "acceptable" standard of beauty that was never meant to include or reflect black women. Often placed under workplace or other institutional grooming policies, the article posits that these policies are no more than a continuation of race-based policies that reflect unlawful stereotyping under Title VII and should be eliminated. Lastly, the article proposes a set of questions that test the …
Gendering The Compliance Agenda: Feminism, Human Rights And Violence Against Women, Megan Louise Pearce
Gendering The Compliance Agenda: Feminism, Human Rights And Violence Against Women, Megan Louise Pearce
Cardozo Journal of Equal Rights & Social Justice
The article argues that while the due diligence standard in international human rights law has been a significant step forward in addressing violence against women, it has not yet delivered real change. The gap between legal promise and reality persists, and the article contends that addressing this gap requires integrating feminist insights into compliance theories. By applying feminist critiques to these theories, the article seeks to illuminate why the due diligence standard has been ineffective in eliminating violence against women and to highlight areas for future research.
Keynote: Five Omar Mualimmak, Five Omar Mualimmak
Keynote: Five Omar Mualimmak, Five Omar Mualimmak
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Cardozo Journal of Conflict Resolution
In 1984, The Walt Disney Company ("Disney") was riding the wave of success from its newest Resort, Tokyo Disney Resort ("Tokyo Disney"), which attracted 10 million guests in the first year alone, and its thoughts turned to further international expansion-this time, in Europe. After careful consideration of potential locations and preliminary negotiations with two European governments, Disney decided in 1984 to launch Euro Disneyland ("Euro Disneyland" or "EDL") in Marne-la-Vall6e, France. The realities of opening and operating EDL in France were far different than Disney's expectations when it began negotiations-so much so that the Resort narrowly escaped bankruptcy. For an …
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Integration Reclaimed: A Review Of Gary Peller's Critical Race Consciousness, Michelle Adams
Articles
Integration occupies a contested and often paradoxical place in legal and public policy scholarship and the American imagination. Today, more Americans are committed to integration than ever before. Yet this attachment to integration is hardly robust. There is a widespread perception that integration has failed. A vanishingly small percentage of social and economic resources are spent on integration. At the same time, some progressives and those who would otherwise consider themselves on the "left" criticize integration as insufficiently attentive to economic equality and dismissive of black identity and culture. Scholars from across the political spectrum have sought to explain this …
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.
Ain't I A Victim? The Intersectionality Of Race, Class, And Gender In Domestic Violence And The Courtroom, Geneva Brown
Ain't I A Victim? The Intersectionality Of Race, Class, And Gender In Domestic Violence And The Courtroom, Geneva Brown
Cardozo Journal of Equal Rights & Social Justice
The legal system systematically fails to protect marginalized groups, particularly African American women, from intimate-partner violence due to entrenched race, gender, and class biases. These biases manifest in the courts' disregard for the unique experiences of African American women, as highlighted by Kimberlé Crenshaw's intersectionality theory. The article examines how systemic discrimination and the courts' failure to enforce protective orders perpetuate violence against this vulnerable population, emphasizing the lethal consequences of these failures. The analysis also critiques the Supreme Court's narrowing of constitutional protections in cases like DeShaney v. Winnebago County and Castle Rock v. Gonzales, which further erode …
Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams
Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams
Articles
In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Cardozo Journal of International and Comparative Law
This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …
Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza
Addressing Human Trafficking Along The United States-Mexico Border: The Need For A Bilateral Partnership, Rocio Garza
Cardozo Journal of International and Comparative Law
The note argues that human trafficking along the U.S.-Mexico border is a complex issue rooted in economic disparities, weak legal frameworks, and the challenges of distinguishing trafficking from smuggling. It advocates for a bilateral partnership between the United States and Mexico to address the transnational nature of the crime, emphasizing the need for coordinated efforts in prosecution, victim protection, and prevention.
Mary Jane's New Dance: The Medical Marijuana Legal Tango, Michael Berkey
Mary Jane's New Dance: The Medical Marijuana Legal Tango, Michael Berkey
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and social dynamics surrounding medical marijuana, tracing its historical use, the evolution of regulatory policies, and the ongoing conflicts between federal, state, and local laws. It highlights the shift in societal perception and the growing acceptance of medical marijuana, despite persistent legal challenges.
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making, Daniel Weitz
The Brains Behind Mediation: Reflections On Neuroscience, Conflict Resolution And Decision-Making, Daniel Weitz
Cardozo Journal of Conflict Resolution
On September 13, 1848, an explosives charge sent a three-foot tamping iron about an inch in diameter through the head of Phineas Gage. Although Gage survived, the tamping iron, which entered just under the left eye and exited through the frontal portion of his head, destroyed his prefrontal cortex. Prior to the accident, Gage was a popular foreman of a railroad construction crew. After the accident, he was a tactless, profane, and impulsive man with a dramatically altered personality.
Red Card Racism: Using The Court Of Arbitration For Sport (Cas) To Prevent And Punish Racist Conduct Perpetrated By Fans Attending European Soccer Games, Alexander Wynn
Cardozo Journal of Conflict Resolution
This Note proceeds in three sections. Part I describes the extent to which racism infects European soccer, the processes by which Uefa addresses violations of the Uefa Statutes and CAS' contributions to sports mediation and arbitration. Part II contextualizes Uefa's governing authority within statutory and case law from the E.U. and the United Kingdom [hereinafter "U.K."] as legal frameworks through which to explore possible reasons why Uefa rarely imposes substantial sanctions on member associations or teams whose fans perpetrate racist acts. Finally, Part III explores the reasons why CAS is better able to address and punish racism in European soccer …
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
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.
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian
Cardozo Journal of Conflict Resolution
The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson
Cardozo Journal of Conflict Resolution
This article examines the mediation process within the Registry of Interpreters for the Deaf Ethical Practices System and suggests when and how technology may be utilized to enhance that process. Background information regarding the interpreting profession, the Deaf Community, and the process for filing and reviewing grievances will provide a context for this discussion. An overview of the technologies already being used within the Deaf Community and interpreting field will help to determine where new technologies can be introduced most effectively. Each of the three steps in the EPS will be analyzed to assess how additional technologies can be integrated …