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Articles 121 - 150 of 207
Full-Text Articles in Legal Remedies
Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis
Cardozo Journal of Conflict Resolution
This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …
Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara
Cardozo Journal of Equal Rights & Social Justice
The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.
Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson
Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson
Cardozo Journal of Equal Rights & Social Justice
The article argues that interdisciplinary domestic violence clinics in law schools offer a transformative approach to addressing domestic violence by integrating legal and extra-legal services. These clinics not only provide holistic support to survivors but also empower them to advocate for systemic change. By fostering collaboration among law students, social workers, psychologists, and community organizations, such clinics address the multifaceted needs of survivors while training future lawyers to approach legal issues with a broader societal perspective. The article highlights the potential of these clinics to drive social progress by amplifying the voices of survivors and influencing legal and community responses …
Using Comparative Torts Materials To Teach First-Year Torts, Anthony J. Sebok
Using Comparative Torts Materials To Teach First-Year Torts, Anthony J. Sebok
Articles
The article argues that incorporating comparative torts materials, particularly from European jurisdictions such as Germany and Italy, can effectively enhance the teaching of tort damages in first-year law courses. This approach is not about adopting a comparative curriculum but using these materials to provide deeper insights into American tort law.
Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein
Dna In The Legal System: The Benefits Are Clear, The Problems Aren't Always, Jason Borenstein
Cardozo Public Law, Policy & Ethics Journal
The article discusses the dual nature of DNA technology in the criminal justice system, highlighting its significant benefits, such as exonerating the wrongly convicted and solving cold cases, while also addressing its limitations and challenges. It emphasizes that DNA evidence, while powerful, is not infallible and should not overshadow other forms of evidence. The author underscores the need for cautious use of DNA evidence, proper legal standards, and addressing human fallibility to ensure justice.
Reclaiming Copyright, Christina Bohannan
Reclaiming Copyright, Christina Bohannan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Cardozo Journal of Conflict Resolution
Any lawyer knows that words and language are important. A single word can derail a painstakingly written contract; the characterization of a would-be killer as a victim framed by racist police officers, rather than a jealous husband, can change the outcome of a case. Yet like many maxims, this important lesson is often forgotten when one is not confronted with the direct principles of words and language. Moreover, even most lawyers do not fully understand how to appropriately utilize the language tools that can change outcomes: myopically focusing on specific issues or characterizations rather than the overall conceptual frames.
Barry Scheck Lectures On Wrongful Convictions, Barry Scheck
Barry Scheck Lectures On Wrongful Convictions, Barry Scheck
Articles
The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Cardozo Journal of Conflict Resolution
This Note discusses the advantages and drawbacks of mandating participation in mediation in medical malpractice disputes. Part II of this Note reviews the extent of the current medical malpractice crisis. Part III examines litigation as the traditional means of resolving medical malpractice disputes and suggests that litigation's weaknesses eclipse any of its strengths. Part IV evaluates the lingering challenges to arbitration, accounting for its ineffectiveness in resolving medical malpractice disputes. Part V analyzes why mediation may be the better alternative to both litigation and arbitration in resolving such disputes, and how its hurdles can be best surmounted by mandatory mediation. …
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
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.
How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn
How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios
What's The Hold-Up? Making The Case For Lifetime Orders Of Protection In New York State, Jennifer Rios
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the implementation of lifetime or extended orders of protection in New York State to better safeguard domestic violence victims. It highlights the limitations of the current legal framework, which requires victims to repeatedly seek renewals of protective orders, and argues that longer or indefinite orders would reduce trauma and enhance safety. The analysis draws on comparative examples from states like New Jersey and California to support its proposal for stronger legal measures.
World War Ii & Heirless Art: Unleashing The Final Prisoners Of War, Julia Parker
World War Ii & Heirless Art: Unleashing The Final Prisoners Of War, Julia Parker
Cardozo Journal of International and Comparative Law
The note emphasizes the critical need for the restitution of heirless art looted during World War II, advocating for international cooperation to ensure these artworks are returned to their rightful heirs or used to preserve Jewish cultural heritage. It highlights the moral and legal imperative to address the legacy of Nazi theft and genocide through transparent and equitable solutions.
Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados
Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados
Cardozo Journal of International and Comparative Law
The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.
Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam
Articles
No abstract provided.
Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas
Broadcast Litigiousness: Syndi-Court's Construction Of Legal Consciousness, Kimberlianne Podlas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan
Cardozo Journal of International and Comparative Law
The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley
Cardozo Journal of Conflict Resolution
Almost one hundred years ago, Roscoe Pound' warned about the decline of equity jurisprudence in the American legal system. He called this phenomenon the "decadence of equity."' Though Pound offered several causes for this decline, what we know today as "institutionalization" in the court system was the primary suspect. "The very thing that made equity a system must, in the end, prove fatal to it. In the very act of becoming a system, it becomes legalized, and in becoming merely a competing system of law insures its ultimate downfall." While Pound acknowledged that he saw some good from the "refinements" …
An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles
An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles
Articles
No abstract provided.
Some Realism About Indigenism, Michael H. Davis
Some Realism About Indigenism, Michael H. Davis
Cardozo Journal of International and Comparative Law
The article argues that the debate over using intellectual property (IP) rights to protect indigenous information is misguided. It posits that the core issue is not legal but economic—specifically, the poverty of indigenous communities. The author contends that IP regimes, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), exacerbate inequality and are inadequate for addressing the unique concerns of indigenism, which are rooted in economic disparities rather than legal frameworks.
The Muhammad Ali Boxing Reform Act: Its Problems And Remedies, Including The Possibility Of A United States Boxing Administration, Devin J. Burstein
The Muhammad Ali Boxing Reform Act: Its Problems And Remedies, Including The Possibility Of A United States Boxing Administration, Devin J. Burstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
Articles
The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam
Articles
No abstract provided.
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Preventing Inequities In Divorce And Education: The Equitable Distribution Of A Career Absent An Advanced Degree Or License, Sebastian Weiss
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the extension of New York's equitable distribution laws to include careers without advanced degrees or licenses as marital assets. It argues that courts should consider the enhanced earning capacity of a spouse, even when not tied to a degree or license, to prevent inequities in divorce, consistent with the principles established in cases like O'Brien v. O'Brien.
The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase
The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Nine Shibboleths Of The New Federalism, Marci A. Hamilton
Nine Shibboleths Of The New Federalism, Marci A. Hamilton
Articles
No abstract provided.
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
In Defense Of Making Government Pay: The Deterrent Effect Of Constitutional Tort Remedies, Myriam E. Gilles
Articles
Legal economists are concerned with setting optimal deterrence levels. Armed with information concerning the public and private costs and benefits of a particular harmful activity, the legal economist seeks to set a “price” for the activity which, to some socially optimal extent, minimizes external costs while retaining external benefits. If the economist's information is perfect, he can predict precisely how an economically rational actor will respond to a particular price and achieve optimal deterrence of activities whose costs outweigh their benefits.
Who Is Entitled To Own The Past?, Ashton Hawkins, David Korzenik, David Rudenstine
Who Is Entitled To Own The Past?, Ashton Hawkins, David Korzenik, David Rudenstine
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Line Between Work And Framework, Text And Context, Justin Hughes
The Line Between Work And Framework, Text And Context, Justin Hughes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
What The New Millennium Might Bring, Daniel Shapiro
What The New Millennium Might Bring, Daniel Shapiro
Cardozo Arts & Entertainment Law Journal
No abstract provided.