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Legislation Commons™

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Yeshiva University, Cardozo School of Law

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Articles 211 - 240 of 411

Full-Text Articles in Legislation

Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood Apr 2010

Defining Indefiniteness: Suggested Revisions To The Void For Vagueness Doctrine, Cristina D. Lockwood

Cardozo Public Law, Policy & Ethics Journal

The void for vagueness doctrine is itself indefinite. The current void for vagueness analysis provides that the law is void for vagueness if it fails to provide fair notice of the prohibited conduct or is so standardless that it allows for discriminatory enforcement. Uncertainty within the doctrine exists because the United States Supreme Court has not articulated a definitive position as to when facial review is appropriate in the void for vagueness analysis. Further, the Court's decision that a law can be void for vagueness based solely on a finding that there is a potential for discriminatory enforcement creates uncertainty …


Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis Mar 2010

Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis

Cardozo Law Review

No abstract provided.


In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista Jan 2010

In The Manner Prescribed By The State: Potential Challenges To State-Enforced Hospital Limitations On Childbirth Options, Krista Stone-Manista

Cardozo Journal of Equal Rights & Social Justice

The article argues that hospital bans on vaginal births after cesarean (VBAC) infringe upon women's legal and constitutional rights, violating principles of autonomy and equality. These bans are not only medically unnecessary but also undermine international human rights standards that protect women's decisional autonomy in healthcare. The analysis posits that such bans discriminate against women and set a dangerous precedent for state and medical control over women's bodies during pregnancy.


What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn Jan 2010

What Went Wrong? Why Family Preservation Programs Failed To Achieve Their Potential, Steven M. Cytryn

Cardozo Journal of Equal Rights & Social Justice

The failure of family preservation programs in the child welfare system stems from structural and legal shortcomings, including inadequate funding, unclear guidelines, and insufficient oversight. These issues, compounded by the Supreme Court's Suter v. Artist M. decision, which undermined the enforceability of the "reasonable efforts" standard, have led to inconsistent implementation and reduced accountability. To address these challenges, the article advocates for reforms such as aligning funding incentives with family preservation goals, establishing clear program standards, and distinguishing between neglect caused by poverty and other forms of maltreatment. By implementing these changes, the child welfare system can better support families …


Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson, Megan P. Fuchs May 2009

Publicity, Pressure, And Environmental Legislation: The Untold Story Of Availability Campaigns, Molly J. Walker Wilson, Megan P. Fuchs

Cardozo Law Review

The availability heuristic - a cognitive rule of thumb whereby events that are easily brought to mind are judged to be more likely - is employed by decision-makers on a daily basis. Availability campaigns occur when individuals and groups strategically exploit this cognitive tendency in order to generate publicity for a particular issue, creating pressure to effect legislative change. This paper is the first to argue that environmental availability campaigns are more beneficial than they are harmful. Because they result in pressure on Congress, these campaigns serve as a catalyst for the enactment of critical new legislative initiatives. Specifically, these …


Evidence Gained From Torture: Wishful Thinking, Checkability, And Extreme Circumstances, James Franklin Apr 2009

Evidence Gained From Torture: Wishful Thinking, Checkability, And Extreme Circumstances, James Franklin

Cardozo Journal of International and Comparative Law

The article argues that while torture is morally abhorrent, its effectiveness in extracting reliable information should be evaluated separately from ethical considerations. It contends that torture can yield reliable information when the extracted details can be independently verified, challenging the common assumption that torture universally leads to false confessions. The analysis emphasizes the importance of understanding the factual reliability of torture-derived evidence before addressing its legal admissibility.


Purposivism And Institutional Competence In Statutory Interpretation, Michael Herz Apr 2009

Purposivism And Institutional Competence In Statutory Interpretation, Michael Herz

Articles

No abstract provided.


Revisiting The Un Protocol On Human Trafficking: Striking Balances For More Effective Legislation, Kalen Fredette Jan 2009

Revisiting The Un Protocol On Human Trafficking: Striking Balances For More Effective Legislation, Kalen Fredette

Cardozo Journal of International and Comparative Law

Human trafficking is a growing global criminal concern. This paper assesses several national and multi-national efforts to combat human trafficking, focusing particularly on the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Protocol). Ultimately, the rise in trafficking offenses compared to the sparse number of convictions strongly suggests the inadequacy of the national and multinational efforts currently in play. This paper will take a fresh look at key provisions of the recent Protocol in light of newly published data on trafficking, and will explore possible modifications to the instrument which may increase its effectiveness. …


The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler Jan 2009

The Role Of Litigation In Combating Obesity Among Poor Urban Minority Youth: A Critical Analysis Of Pelman V. Mcdonald's Corp., Ashley B. Antler

Cardozo Journal of Equal Rights & Social Justice

The note argues that litigation, particularly when focused on low-income urban minority youth, could serve as a strategic tool to address childhood obesity by reframing the issue and catalyzing policy and industry change. It critiques the Pelman v. McDonald's Corp. lawsuit for failing to address the socioeconomic and racial disparities underlying obesity rates, thereby missing an opportunity to advance meaningful solutions. The analysis suggests that public health litigation, when strategically framed, can complement broader advocacy efforts and push for environmental changes to combat the obesity epidemic.


Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge Jan 2009

Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge

Cardozo Journal of Conflict Resolution

The future of commercial arbitration has become a centerpiece of the domestic congressional agenda. According to one estimate, ten different bills introduced in the 110th Congress would chip away at the enforceability of pre-dispute arbitration agreements. By far the most significant bill, the Arbitration Fairness Act, would retroactively invalidate arbitration agreements in all employment, consumer, securities and franchise contracts. An especially vague provision in a prior version of the bill would invalidate agreements involving claims under statutes intended to protect civil rights or designed to regulate transactions between parties of unequal bargaining power. Are these wise moves?


Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler Jan 2009

Steroid Regulation In Professional Sports: Sarbanes-Oxley As A Guide, Sarah R. Heisler

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal Jan 2009

Anti-Slapp Law Make Benefit For Glorious Entertainment Industry Of America: Borat, Reality Bites, And The Construction Of An Anti-Slapp Fence Around The First Amendment, Jonathan Segal

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen Jan 2009

Taking Chances: The United States' Policy On Internet Gambling And Its International Implications, Yevgeniya Roysen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton Jan 2009

The Rules Against Scandal And What They Mean For The First Amendment’S Religion Clauses, Marci A. Hamilton

Articles

No abstract provided.


The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton Jan 2009

The Constitutional Limitations On Congress's Power Over Local Land Use: Why The Religious Land Use And Institutionalized Persons Act Is Unconstitutional, Marci A. Hamilton

Articles

No abstract provided.


Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar Jul 2008

Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar

Cardozo Journal of International and Comparative Law

Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.


The Earth Turned To Bring Us Closer, Bruce L. Hay Apr 2008

The Earth Turned To Bring Us Closer, Bruce L. Hay

Cardozo Law Review

No abstract provided.


Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak Apr 2008

Haste Makes E-Waste: A Comparative Analysis Of How The United States Should Approach The Growing E-Waste Threat, Phoenix Pak

Cardozo Journal of International and Comparative Law

The note examines the global e-waste crisis, focusing on the regulatory frameworks in the European Union, United States, and Japan. It critiques the effectiveness of Extended Producer Responsibility (EPR) models and highlights the challenges of enforcing e-waste policies across jurisdictions. The author argues for a balanced approach in U.S. policy, combining elements of the EU’s EPR framework with considerations for domestic and international implications to address the environmental and health risks posed by e-waste.


Redefining The Question: Applying A Hierarchical Structure To The Mens Rea Requirement For Section 875(C), Karen Rosenfield Mar 2008

Redefining The Question: Applying A Hierarchical Structure To The Mens Rea Requirement For Section 875(C), Karen Rosenfield

Cardozo Law Review

No abstract provided.


Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho Jan 2008

Incest And Sex Offender Registration: Who Is Registration Helping And Who Is It Hurting?, Jocelyn Ho

Cardozo Journal of Equal Rights & Social Justice

The note argues that sex offender registration and notification laws, such as Megan's Law, disproportionately harm victims and offenders in cases of incest. It contends that incest is distinct from other sex crimes due to its familial nature and low recidivism rates, making its inclusion in public registries unnecessary and counterproductive. The psychological and social consequences of registration extend to victims, violating their privacy and perpetuating stigma. The note advocates for a shift in policy focus toward prevention, victim empowerment, and rehabilitation rather than punitive measures.


Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris Jan 2008

Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler Jan 2008

Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler

Cardozo Journal of Equal Rights & Social Justice

The article argues that eugenic ideologies did not disappear from American law after World War II but instead evolved and were repackaged in response to shifting political and social norms. While the association with Nazi practices led to the decline of overtly coercive eugenic laws, eugenic principles persisted through new strategies, such as voluntary sterilization and population control initiatives. The article contends that the concept of reproductive choice became a key tool for redefining eugenic goals, allowing them to influence law and policy in more subtle ways.


Lifting The Veil: Women And Islamic Law, Christie S. Warren Jan 2008

Lifting The Veil: Women And Islamic Law, Christie S. Warren

Cardozo Journal of Equal Rights & Social Justice

The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.


Regulating "Rent-A-Cops" Post-9/11: Why The Private Security Officer Employment Authorization Act Fails To Address Homeland Security Concerns, Ian Patrick Mcginley Oct 2007

Regulating "Rent-A-Cops" Post-9/11: Why The Private Security Officer Employment Authorization Act Fails To Address Homeland Security Concerns, Ian Patrick Mcginley

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Private Security Officer Employment Authorization Act (PSOEAA) for its limited scope in addressing homeland security concerns related to private security officers. While the Act introduces a background check system, it fails to adequately address terrorist infiltration, training, and cooperation with public law enforcement. The analysis argues that federal regulation, led by the Department of Homeland Security (DHS), is necessary to enhance the private security industry's role in homeland security. A grant-based regulatory scheme is proposed to incentivize training, cooperation, and improved screening processes for private security officers, particularly those guarding critical infrastructure.


Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi Oct 2007

Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi

Cardozo Journal of International and Comparative Law

The note argues that the U.S. should adopt a more comprehensive framework for moral rights in copyright law, drawing inspiration from Australia's balanced approach, to better protect authors' personal and reputational interests while addressing concerns about market disruption and litigation. It highlights the U.S.'s current emphasis on economic rights, its limited implementation of moral rights under the Visual Artists Rights Act (VARA), and the potential for Australia's model to serve as a template for U.S. legislation.


Terrorism And Profiling: Shifting The Focus From Criteria To Effects, Daphne Barak-Erez Oct 2007

Terrorism And Profiling: Shifting The Focus From Criteria To Effects, Daphne Barak-Erez

Cardozo Law Review

No abstract provided.


Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia Apr 2007

Creating An Adolescent Criminal Class: Juvenile Court Jurisdiction Over Status Offenders, Soma R. Kedia

Cardozo Public Law, Policy & Ethics Journal

The article argues that status offenders, who commit non-criminal offenses such as truancy or running away, are unfairly treated similarly to juvenile delinquents in the court system. This treatment often leads to detention in the same facilities as delinquents, which can exacerbate behavioral issues and increase the likelihood of future criminal behavior. The author advocates for a distinct approach to handling status offenders, emphasizing the need for social services and alternative programs tailored to their specific needs rather than punitive measures.


Means To Legitimate Ends: Same-Sex Marriage Through The Lens Of Illegitimacy-Based Discrimination, Benjamin G. Ledsham Apr 2007

Means To Legitimate Ends: Same-Sex Marriage Through The Lens Of Illegitimacy-Based Discrimination, Benjamin G. Ledsham

Cardozo Law Review

No abstract provided.


An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein Apr 2007

An Examination Of Guest Worker Immigration Reform Policies In The United States, Merav Lichtenstein

Cardozo Public Law, Policy & Ethics Journal

The note examines the history and challenges of guest worker programs in the United States, emphasizing the need for reforms that balance border security with humane and practical solutions. It critiques current visa systems for their inflexibility and exploitation risks, advocating for pathways to permanent residency and family reunification to address the growing undocumented population effectively.


Battling Breast Cancer: New York's Laws Are Not Enough, Tara Arschin Jan 2007

Battling Breast Cancer: New York's Laws Are Not Enough, Tara Arschin

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should mandate insurance coverage for participation in Phase II and Phase III clinical trials for experimental breast cancer treatments, such as HDCABMT, to address gaps in current law and ensure access to potentially life-saving therapies. While New York has progressive laws on breast cancer awareness and treatment rights, its approach to experimental treatment coverage remains inadequate compared to states like California and Massachusetts. The note advocates for legal reforms to eliminate the need for external appeals and reduce litigation, ensuring consistent and equitable access to clinical trials.