Legislation Commons^™

All Quiet On The Middle Eastern Front? Proposed Legislation To Regulate Milblogs And Effectuate The First Amendment In The Combat Zone, Michelle Rosengarten

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Of All The Things I'Ve Lost, I Miss My Marbles The Most! An Alternative Approach To The Epic Problem Of The Elgin Marbles, Melineh S. Ounanian

Cardozo Journal of Conflict Resolution

The Elgin Marbles have been the subject of debate for nearly 200 years. Competing claims from Greece, where the marbles originated, and England, where the marbles are now held, have continued unabated despite attempts by the international community to quell the dispute. This Note will explore the various types of dispute resolution as they can be applied to the Elgin Marble controversy, sift through various reconciliation ideas and make a recommendation as to which of the methods is likely to be most effective. In furtherance of that goal, the Note will examine past attempts at dispute resolution in the fields …

Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell

Cardozo Journal of Conflict Resolution

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …

Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci

Articles

No abstract provided.

Rabbinic Contestations Of Authority, Christine Hayes

Cardozo Law Review

No abstract provided.

Interpreting The Wiretap Act: Applying Ordinary Rules Of "Transit" To The Internet Context, Samantha L. Martin

Cardozo Law Review

No abstract provided.

Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth

Cardozo Law Review

No abstract provided.

Reclaiming Copyright, Christina Bohannan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.

Harvest Of Knowledge: Why The Public Policy Behind Copyright Law Requires Legislation Endorsing Digital Media Collections As Privileged Revisions, Diana Katz Gerstel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy Jr.

Cardozo Arts & Entertainment Law Journal

17 U.S.C. § 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for § 1201 were laundered through international treaties, …

The False Dichotomy Of Rape Trauma Syndrome, Holly Hogan

Cardozo Journal of Equal Rights & Social Justice

The article critiques the legal system's distinction between offensive and defensive uses of Rape Trauma Syndrome (RTS) testimony, arguing that this dichotomy is flawed. It contends that even testimony categorized as defensive often functions offensively by influencing the jury's perception of the victim's credibility. The article proposes a functional approach to evaluating RTS testimony, focusing on whether it vouches for the victim's credibility or explains counterintuitive behaviors, rather than adhering to the formal offensive/defensive framework.

Cars And Homes In Chapter 13 After The 2005 Amendments To The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Deregulating Marriage: The Pro-Marriage Case For Abolishing Civil Marriage, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Weasel Numbers, Reza Dibadj

Cardozo Law Review

No abstract provided.

Eliminating The Below-Cost Pricing Requirement From Predatory Pricing Claims, Ari Lehman

Cardozo Law Review

No abstract provided.

Statues, Statutes, And Queens On Trial, Susan Sage Heinzelman

Cardozo Law Review

No abstract provided.

Physician Collective Bargaining: State Legislation And The State Action Doctrine, Roger D. Blair, Kristine L. Coffin

Cardozo Law Review

No abstract provided.

Divorce, Death, And Posthumous Qdros: When Is It Too Late For A Divorcee To Claim Pension Benefits Under Erisa?, Aaron Klein

Cardozo Law Review

No abstract provided.

In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky

Cardozo Law Review

No abstract provided.

Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Weight-Loss Advertising Too Good To Be True: Are Manufacturers Or The Media To Blame?, Jodie Sopher

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

For-Bid Scalping Online?: Anti-Scalping Legislation In An Internet Society, Daniel Glantz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport

Cardozo Law Review

No abstract provided.

Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz

Cardozo Law Review

No abstract provided.

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.

Ganis V. Ministry Of Building And Housing, Mishael Cheshin, Aharon Barak, Ayala Procaccia, Dorit Beinisch, Eliahu Mazza, Jacob Turkel, Eliezer Rivlin

Translated Opinions

Facts: Shortly before the election for Prime Minister in 2001, the Knesset passed a law that gave certain persons an entitlement to grants for the purchase or extension of an apartment in Jerusalem. After the election, some six weeks later, the Knesset suspended the grants, and went so far as to include a provision to the effect that the suspension of the grants was retroactive, from the date on which the grants originally came into effect. The petitioners challenged this retroactive suspension of the grants, on the grounds that they had relied on the grants and undertaken to buy or …

Israel Poultry Farmers Association V. Government Of Israel, Dorit Beinisch, Aharon Barak, Mishael Cheshin

Translated Opinions

Petition to the Supreme Court sitting as the High Court of Justice

Facts: The Knesset enacted the Israel Economic Recovery Programme (Legislative Amendments for Achieving Budgetary Goals and the Economic Policy for the 2003 and 2004 Fiscal Years) Law, 5763-2003, which contained, in chapter 11, major changes to the regulation of the agricultural sector in Israel. This law, which contains many diverse provisions, was passed in a rushed process with very little debate either in the House or the committees of the Knesset.

The petitioners claimed, for a wide variety of reasons, that chapter 11, the ‘Agriculture Chapter,’ should be …