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Articles 91 - 120 of 411
Full-Text Articles in Legislation
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
Cardozo Law Review
No abstract provided.
Federal Criminal Risk Assessment, Brandon L. Garrett
Federal Criminal Risk Assessment, Brandon L. Garrett
Cardozo Law Review
No abstract provided.
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
Cardozo Law Review
No abstract provided.
Preface By The Special Editor: A Benediction, An Exhortation, Michael Pantazakos
Preface By The Special Editor: A Benediction, An Exhortation, Michael Pantazakos
Cardozo Law Review
In honor of Arthur Jacobson, may we study the works offered herein with both diligence and delight as a living benediction.
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
Cardozo Law Review
Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …
Legal Sets, Jeremy N. Sheff
Legal Sets, Jeremy N. Sheff
Cardozo Law Review
In this Article, I propose that the practices of legal reasoning and analysis are helpfully understood as being primarily concerned not with rules or propositions, but with sets. This Article develops a formal model of the role of sets in the practices of legal actors in a common-law system defined by a recursive relationship between cases and rules. In doing so, it demonstrates how conceiving of legal doctrines as a universe of discourse comprising (sometimes nested or overlapping) sets of cases can clarify the logical structure that governs marginal cases and help organize the available options for resolving such cases …
Kids Say The Darndest Things: Minors And The Internet, Emily Diroma
Kids Say The Darndest Things: Minors And The Internet, Emily Diroma
Cardozo Law Review de•novo
This Note argues that due to the inherent failures of COPPA and the ever rising online presence of both teenagers and minors, the FTC should expand COPPA to include eraser and advertisement protection provisions similar to those found in SB 568 in order to further ensure the protection teenagers and minors online.
The Life Of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, And The Federal Arbitration Act, William F. Fox, Ylli Dautaj
The Life Of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, And The Federal Arbitration Act, William F. Fox, Ylli Dautaj
Cardozo Journal of Conflict Resolution
Over the past 50 years, the international business community has settled on the device of international commercial arbitration to resolve the overwhelming number of disputes that arise in their commercial agreements. One reason is that many business people are suspicious of the domestic courts of many host countries and have always sought the comfort of a neutral forum. Arbitration is neutral (i.e., not tied directly to any particular domestic legal system), efficient and confidential. Much of this evolution has been triggered by events in the United States-in particular a long series of United States Supreme Court decisions that ended the …
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo
Cardozo International & Comparative Law Review
The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.
Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack
Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta
Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Tribute To Judge Robert Katzmann, Peter L. Markowitz
Tribute To Judge Robert Katzmann, Peter L. Markowitz
Articles
The article highlights Judge Robert Katzmann's transformative impact on immigrant access to legal counsel, particularly through the creation of the public defender system and the Immigrant Justice Corps. These initiatives have significantly improved outcomes for immigrants facing deportation, demonstrating the critical role of legal representation in ensuring justice. The programs have not only increased success rates for immigrants in court but also trained and retained a cadre of skilled immigration lawyers, setting a model for replication nationwide.
Getting Past The Imperial Presidency, Deborah Pearlstein
Getting Past The Imperial Presidency, Deborah Pearlstein
Articles
In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …
Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg
Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg
Articles
Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".
Erie Doctrine, State Law, And Civil Rights Litigation, Alexander A. Reinert
Erie Doctrine, State Law, And Civil Rights Litigation, Alexander A. Reinert
Articles
How should state law questions and claims be resolved when they arise in federal civil rights litigation? In prior work, I have criticized the given wisdom that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. In that work, I proposed a framework, “Erie Step Zero,” to place Erie questions in their jurisdictional context. As I have argued, the concern with forum shopping and unequal treatment that prompted Erie have less salience in federal question cases. Different concerns emerge when one focuses on the presence of state law issues in …
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Cardozo International & Comparative Law Review
The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.
"Too Big To Foia": How Agencies Avoid Compliance With The Freedom Of Information Act, Stephanie Alvarez-Jones
"Too Big To Foia": How Agencies Avoid Compliance With The Freedom Of Information Act, Stephanie Alvarez-Jones
Cardozo Law Review
The Freedom of Information Act (FOIA), while foundational for promoting government transparency, faces significant challenges in its administration, particularly through the judicially created "undue burden" claim, which allows agencies to evade disclosure. The note argues that courts' deference to agencies' claims of undue burden undermines FOIA's purpose of promoting openness. It proposes reforms, such as a public interest sliding scale, to balance the burden on agencies against the public's right to know, ensuring FOIA remains an effective tool for accountability.
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Cardozo Law Review de•novo
This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Cardozo International & Comparative Law Review
Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …
Utilizing Adr As A Vehicle For Effective Communication And Success Of Payment In Urgent Care, Stephanie R. Goldberg
Utilizing Adr As A Vehicle For Effective Communication And Success Of Payment In Urgent Care, Stephanie R. Goldberg
Cardozo Journal of Conflict Resolution
Section II of this Note provides background on urgent care and ADR. Section III will elaborate on current payment procedures and explain some of the pitfalls that create a need for a supplementary payment solution. Section IV lays out a four-step plan incorporating a logical progression of ADR techniques that would enable quality of care and ease and success of financial arrangements, and vastly improved patient-provider relations. The feasibility of this plan will be demonstrated through application of its steps to hypothetical examples, representative of various realistic patient experiences, in Section V. This plan is intended to aid the millions …
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
Cardozo International & Comparative Law Review
The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Cardozo Law Review
No abstract provided.
Regarding Age As A Disability: Conceptualizing Age Discrimination At Work As (Mis)Perception Of Disability Discrimination, Kevin M. Cremin
Regarding Age As A Disability: Conceptualizing Age Discrimination At Work As (Mis)Perception Of Disability Discrimination, Kevin M. Cremin
Cardozo Law Review
No abstract provided.
Human Torts, Lisa J. Laplante
Human Torts, Lisa J. Laplante
Cardozo Law Review
Human Torts is the first article to describe how ordinary municipal tort lawsuits in the United States provide essential remedies for human rights abuses. Despite the rising level of hate crimes, bullying, corporate malfeasance, and other private acts that result in great harm and can lead to civil litigation, American scholars have never explored how everyday tort claims grounded in purely domestic common law doctrine between private, non-state actors are in fact human rights claims even if never pleaded as such in U.S. courts. Framing tort litigation as a form of human rights protection may appear to be a novel …
Tribal Sovereignty And Gaming: A Proposal To Amend The National Labor Relations Act, Regina Gerhardt
Tribal Sovereignty And Gaming: A Proposal To Amend The National Labor Relations Act, Regina Gerhardt
Cardozo Law Review
No abstract provided.
Quintinsky V. Knesset (Summary), Noam Sohlberg, Miriam Naor, Neal Hendel, Esther Hayut, Meni Mazuz
Quintinsky V. Knesset (Summary), Noam Sohlberg, Miriam Naor, Neal Hendel, Esther Hayut, Meni Mazuz
Translated Opinions
The petitions challenged the Multiple Apartments Tax Arrangement (hereinafter: the Tax Arrangement) in Chapter XII of the Economic Efficiency (Legislative Amendments for the Implementation of the Economic Policy for Budget Years 2017 and 2018) Law, 5777-2016 (hereinafter: the Economic Efficiency Law), which imposed a designated tax upon owners of multiple apartments whose aggregate rights in the apartments was 249% or more. Under the Tax Arrangement, a holder of apartments to the said extent would be subject to a tax of 1% of “the determining amount” for each apartment held, exclusive of two apartments as he may choose. The Petitioners argued …
Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez
Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal and public health tensions surrounding childhood vaccination mandates, emphasizing the balance between individual rights and societal interests. It argues that while states have the authority to compel vaccinations under their police powers, the proliferation of nonmedical exemptions, particularly philosophical ones, undermines herd immunity and public health. The analysis advocates for stricter criteria for religious exemptions and educational measures to address vaccine hesitancy, while cautioning against eliminating religious exemptions entirely to avoid public backlash.
Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard To Do?, Roxanne Makoff
Judicial Dissolution Under New York's Limited Liability Company Law: Should Breaking Up Be This Hard To Do?, Roxanne Makoff
Cardozo Law Review
The note argues that New York's current standard for judicial dissolution of LLCs, which requires proving that continuation is "not reasonably practicable," is overly stringent and ineffective in addressing member deadlocks. It advocates for adopting Delaware's "deadlock-plus" standard, which allows dissolution when member relationships are irreparably broken and no exit mechanisms exist in the operating agreement, as a more balanced and efficient approach.
Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola
Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola
Cardozo Law Review
Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These "rule of law"features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different vision of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple actors. Consequently, this Article contends that familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates …
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli
Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli
Cardozo Arts & Entertainment Law Journal
No abstract provided.