Cardozo Public Law, Policy and Ethics Journal
- Benjamin N. Cardozo School of Law
- Publication date:
- The Market-Participant Exception And The Dormant Foreign Commerce Clause
The Market-Participant Exception: A Primer II. The Market-Participant Exception Applied To The Foreign Commerce Clause A. History B. Interference with Federal Foreign Relations Powers 1. The Framers` View 2. Congress`s Foreign Affairs Power 3. The President`s Foreign Relations Power C. Failures of the Traditional Market-Participant Justifications 1. Fairness 2. Federalism 3. Participation versus Regulation 4. Textualism 5. The Supremacy Clause and Institutional Concerns III. A Problem Of Consistency? IV. The Future Conclusion
- First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In Chaker V. Crogan
Introduction I. Pre-Chaker: California Penal Code 148.6 II. Analysis: Chaker V. Crogan III. A National Issue: Criminal Penalties For Filing False Complaints Against Police Officers Conclusion
- Forced Medication And The Need To Protect The Rights Of The Mentally Ill Criminal Defendant
Introduction I. An Overview Of The Process II. Relevant Supreme Court Decisions III. Dangerousness And Its Prediction IV. The Constitutional Interests A. First Amendment Interests B. Sixth Amendment Interests C. Fifth and Fourteenth Amendment Interests V. The Need For Change A. The Definition of Danger B. Standards of Review C. Changing Societal Attitudes Conclusion
- Tax And Economic Policy Responses To The Medicaid Long-Term Care Financing Crisis: A Behavioral Economics Approach
Introduction I. Long-Term Care Financial Planning Through A Consumer Choice Lens A. The Traditional Model Of Rational Consumer Choice B. The Behavioral Economics Model Of Consumer Choice C. Long-Term Care Planning Under The Behavioral Economics Model 1. Unique Preferences in Long-Term Care Planning i Preference 1: Diminished Utility at the Mere Thought of Long-Term Care Needs ii. Preference 2: Maximized Utility by Underestimating One`s Future Need for Long-term Care iii. Preference 3: Diminished Utility at the Thought of Institutional Care; Maximized Utility at the Thought of Informal Care from Loved Ones 2. Unique Time Functions in Long-Term Care Planning i. Time Function 1: Long-term Care Planning as an Initial Proxy for Financial Interests, and as an Evolving Proxy for Emotional Inte...
- Reading Is Fundamental: Why The No Child Left Behind Act Necessitates Recognition Of A Fundamental Right To Education
Introduction I. Finding Fundamental Rights In The Constitution A. What Qualifies as a "Fundamental Right"? B. Education is a Fundamental Right C. Standard of Review II. San Antonio V. Rodriguez And Plyler V. Doe: A Critique Of Their Refusal To Find A Fundamental Right To Education A. San Antonio Independent School District v. Rodriguez B. Plyler v. Doe C. Rodriguez and Plyler Compared III. The Fundamental Right To Education In The States A. The States as "Laboratories" B. State Constitution Education Clauses 1. Broad Education Provisions 2. Explicit Education Provisions 3. State Court Education Clause Interpretations C. The "Adequate Education" Context IV. No Child Left Behind: The Federal Government`S New Foray Into Education And Accountability A. The No Child Left Behind Act B. A Fund...
- Habeas Corpus, Judicial Review, and Limits on Secrecy in Detentions at Guantánamo
Introduction I. Guantánamo and the modalities of Secrecy II. Habeas Corpus Litigation at Guantánamo A.Habeas Litigation before Rasul B.Overview of Post-Rasul Habeas Litigation III. Habeas as a check on Secret Detentions at Guantánamo A. Access to Counsel B. Challenging the Factual and Legal Basis for Confinement C.Habeas Review of Transfer to Foreign Custody D.The Right to a Remedy for Unlawful Detention Conclusion
- The War on Terrorism in the Courts
This Article was originally delivered July 24, 2004 at the Thomas M. Cooley Law School's Distinguished Brief Award Banquet. 21 T.M. Cooley L. Rev. 159 (2004).
- Righting Wrongful Discharge: A Recommendation for the New York Judiciary to Adopt a Public Policy Exception to the Employment- At-Will Doctrine
Introduction I. History of the Employment-At-Will Doctrine II. Evolution of the Public Policy Exception to the Employee-At-Will Doctrine A. Texas B. Utah C. Ohio D. New Jersey III. New York State Courts' Lack of Progress Adopting a Public Policy Exception to the Employee-At-Will Doctrine IV. A Review of the Specific Tests Used by other Jurisdictions in an Effort to Create a Recommendation for New York Conclusion
- Beyond Article III Courts: Military Tribunals, Status Neview Tribunals, and Immigration Courts
Introduction I.Framing the Issues II. The Debate A.David Cole's Remarks B.Brian Boyle's Remarks C. Gitanjali Gutierrez's Remarks D. Bradford Berenson's Remarks III.The Discussion Conclusion
- Secret Evidence and the Courts in the Age of National Security
- Whose Life Is It Anyway?
Introduction I. Methodology II. Context of Debate A. A Review of Basic Concepts and Fundamental Arguments B. Why is Euthanasia Controversial? III. The "Right to Die" Debate A. The Facts B. The Meaning of Life C. The Problem with Professional Judgment D. Absolute Rule v. Variegated...
- Habeas Corpus, Judicial Review, and Limits on Secrecy in Detentions at Guantánamo
Introduction I. Guantánamo and the modalities of Secrecy II. Habeas Corpus Litigation at Guantánamo A.Habeas Litigation before Rasul B.Overview of Post-Rasul Habeas Litigation III. Habeas as a check on Secret Detentions at Guantánamo A. Access to Counsel B. Challenging the Factual and Legal Basis...
- Media Influence And The Modern American Democracy: Why the First Amendment Compels Regulation of Media Ownership
Introduction. I. The Rise and Fall of Media. A. The Marketplace of Ideas. B. The Tragedy of the Commons. C. The Scarcity Rationale. D. The Public Interest. E. Deregulation. II. The Impact of Media Deregulation. A. Consolidation. B. The Emerging Post-Consolidation Marketplace. 1. Homogeneity. 2....
- A Compass For Success: A New Direction for Academic Support Programs
Introduction. I. ASP Development And Evaluation. A. ASP Development. B. ASP Evaluation II. Compass Program. A. Background B. Compass Participants. A. Method of Evaluation. 1. Study Design 2. Data Collection. B. Demographics of the Dataset. 1. Total Sample 2. Class Entering in 1999. 3. Class...
- Commitment of Sexually Violent Predators: The Search for a Limiting Principle
Introduction. I. Civil Commitment and the Abstract Notion of "Mental Illness" II. Kansas v. Hendricks: Lack of an Effective Limiting Principle. III. Kansas v. Crane: The 'Lack of Control' Standard. IV. Sex Offender Recidivism as a Potential Police Power Justification?. Conclusion. ...
- Grandparental Visitation: Its Evolution In New York State
- The Death Penalty: Conceptual And Empirical Issues
Introduction.I.A Sketch of the Philosophical Basis for the Death Penalty.II.Additional Problems Afflicting the Death Penalty.A.Race and the Death Penalty.B.Dubious confessions and inmate testimony.C.Inadequate counsel.D.Future dangerousness.III.State and Federal Responses to the Death Penalty.IV.DNA...
- Conference Report: The New York City Housing Court in the 21st Century: Can It Better Address the Problems Before It?
Introduction. A. Conference Purpose and Format. B. Description of the Working Groups 1. Working Group I: Pre-Adjudication Steps in the Housing Court. 2. Working Group II: The Adjudicative Process and the Role of the Court. 3. Working Group III: Right to Counsel. 4. Working...
- Analyzing Post-Market Boom Jurisprudence in the Second and Ninth Circuits: Has the Pendulum Really Swung too Far in Favor of Plaintiffs?
Introduction. II. Pre-Reform Act Jurisprudence. A. The Emergence of Federal Securities Laws. B. The Benefits and Limitations of Bringing Claims under § 10(b) and Rule 10b-5 Prior to the Reform Act. C. The Emergence of a Circuit Court Split. 1. The Ninth's Circuit's Pre-PSLRA...
- Reconciling The Booker Conflict: A Substantive Sixth Amendment in a Real Offense Sentencing System
Introduction I. United States v. Booker. II. Sources of the Booker Conflict. A. Sentencing in the Early Republic. B. The Rehabilitation Era. 1. Williams v. New York and Real Offense Sentencing during the Rehabilitation Era. 2. Separation of Functions Understanding of the Role of the Judge and Jury. ...