Cardozo Public Law, Policy and Ethics Journal
- Benjamin N. Cardozo School of Law
- Publication date:
- First Amendment Freedom Of Speech And Expression: Ninth Circuit Holds That California Penal Code Section 148.6 Violates The First Amendment In <I>Chaker V. Crogan</I>
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 Interests ii. Time Function 2: The Tendency to Disproportionately Value Current Costs and Benefits Over Future Costs and Benefits iii. Time Function 3: The Problem of the "Future Incapacitated Self" as a "Non-Self" or an "Impossible Self" II. Tax And Economic Policy Responses To The Medicaid Crisis A. Government Initiatives to Discourage Reliance on Public Assistance for Long-Term Care: Medicaid Estate Recovery Programs B. Government Initiatives to Encourage Reliance on Private Payer Sources for Long-Term Care 1. Additional Personal Exemption for Caregivers 2. Long-Term Care Insurance Partnership Programs 3. Federal Income Tax Deductions for the Costs of Long-Term Care Insurance i. The Business Deduction for the Cost of Employer-Sponsored Long- Term Care Insurance Policies ii. The Current Individual Deduction iii. The Proposed Above-the-Line Deduction 4. State-Level Income Tax Incentives for the Purchase of Long-Term Care Insurance III. An Analysis Of Legislative Intent: The Perceived Benefit Of Long-Term Care Insurance IV. A Dynamic Model Of Long-Term Care Planning A. Choice 1: To Plan or Not to Plan B. Choice 2: Develop a Financial Plan, or Rely on Informal Care at Home C. Choice 3: Assuming the Consumer Does Not Prefer Informal, In- Home Care, How Costs and Benefits Should be Weighed When Developing a Financial Plan D. Choice 4: Once Costs and Benefits are Weighed, Assuming the Consumer Wishes to Provide for the Future Incapacitated Self, What to Include in the Long-Term Care Plan E. Choice 5: Whether to Maintain the Initial Plan V. Discussion: Tax And Economic Policy Implications Conclusion
- 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 Fundamental Right to Education Rises from NCLB 1. The "Local Nature" Issue 2. Further Implication of the Fundamental Right Conclusion
- The Market-Participant Exception And The Dormant Foreign Commerce Clause
I. 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
- Panel Report: Issues in Article III Courts
Introduction I. The panel presentations A.The Judicial Perspective B.The Prosecution Perspective C.The Defense Perspective D. The Civil Litigator's Perspective II. The discussion
- Panel Report: National Security Secrecy in the Courts: a Comparative Perspective from Israel and Ireland
Introduction I. Framing the Issues II. The Panel's Answers A.Secret Evidence for the Prosecution B.Access to Secret Evidence for the Defense C. Secret Proceedings? D. Alternative Procedures or Alternative Courts? III. The Discussion Conclusion
- Sword or Shield? The Government's selective Use of its Declassification authority for Tactical Advantage in Criminal Prosecutions
Introduction I. Cipa's History and Purposes II. The Asymmetrical Nature of the Government's Declassification Authority III. There Is no Basis for the Government's Selective Declassification of Fisa Intercepts, and the Practice Violates a Defendant's Fifth and Sixth Amendment Rights IV. The Courts' Recent Responses to the Inequities Created by the Government's Selective Exercise of its Declassification Authority V. Proposals for Reforming Cipa in Order to Eliminate the Government's Use of its Declassification Authority as a Sword to Gain Tactical Advantage over Defendants VI. Conclusion
- 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 Circumstances E. Are There Absolute Moral Values and Universal Human Rights? F. The Problem with the AMA Code of Ethics G. Active vs. Passive Euthanasia H. Compassion vs. Professionalism I. The Problem with Rationing Medical Resources J. What Is a Rational Choice-Facts, Values, Opinions and Judgments? K. The Problems with Paternalism L. Rationality By Process or By Result? M. The Problem of Making a Decision in a Vacuum N. Should One Be Expected to Help Another Kill Himself? O. How to Evaluate Intangibles Such as Hope and Fear? IV. Postscript A. A Different Paradigm: An Asian Perspective B. Taking a Life Is Everybody's Business Afterthought
- The Slow Erosion of the Adversary System: Article III Courts, Fisa, Cipa and Ethical Dilemmas
Introduction I. Classified Information Procedures Act and Foreign Intelligence Surveillance Act in the Courts A. Fundamentals of the Adversarial System B. Classified Information Procedures Act C. Fundamental Ethical Conflicts for Diligent, Competent, Zealous Defense Counsel D. Foreign Intelligence Surveillance Act II. Secret Evidence Is Seeping into the Criminal Justice System III. Modest Proposals IV. Conclusion
- Stick Houses In Peshawbestown
M-22, Leelanau County, 10 A.M.-I. Tattered Indian SkinsWest Grand Traverse Bay, Leelanau County, 11 A.M.-II. GramWest Grand Traverse Bay, Leelanau County, 11:30 A.M.-III. The Park HenryWest Grand Traverse Bay, Leelanau County, Noon.-IV. The MenuWest Grand Traverse Bay, Leelanau County,...
- Aiding the Final Push of the Digital Transition
Introduction I. The Digital Transition Before the DTV Transition and Public Safety Act A. The Stalled Digital Transition B. The Need for Transitional Dual-Carriage C. The Digital Cable Effect III. The New Transition Scheme A. Reliance on MVPDs and the Lack of a Conversion Requirement B. The Lack of ...
- Bad Faith: Race, Religion and the Reformation of Welfare Law
I. Beyond Relief: Robert Bellah, George Gilder, and the Racialization of Welfare Since the 1980s II. Topsy-Turvy World: Antebellum Contexts for Contemporary Welfare Rhetoric. III. The Gift of Life, the Life of Gifts: Welfare Reforms, Reproductive Rights, and Race....
- Empire State Injustice: Based Upon a Decade of New Information, a Preliminary Evaluation of How New York's Death Penalty System Fails to Meet Standards for Accuracy and Fairness
Introduction: A Preliminary Evaluation I. Informant Testimony Rules A. Importance of Rules for Informant Testimony in Capital Cases B. New York Law Regarding Informant Testimony II. Witness Testimony and Scientific Corroboration Rules A. Importance of Rules for Witness Testimony and Scientific...
- Hegel's Refutation of Rational Egoism, in True Infinity and the Idea
Introduction. I. The Need for Recognition. II. Reality, Negativity, and True Infinity. III. Multiplicity as Negativity: Essence. IV. Multiplicity as Negativity: The Concept's Objectivity. V. Multiplicity as Negativity: The Idea's Life and Cognition. VI. Objections and Conclusion....
- Chaos in Public Schools: Federal Courts Yield to Students while Administrators And Teachers Struggle to Control the Increasingly Violent and Disorderly Scholastic Environment
Introduction. I. The History of First Amendment Litigation Regarding Constitutionally Protected Speech in Public Schools. A. School Administrators and Officials are Increasingly Required to Meet an Insurmountable Burden to Repress Students' First Amendment Speech in the Face of Potential...
- The Prosecution of Cybergripers Under the Lanham ACT
Introduction. I. Claims Brought under Traditional Trademark Infringement. A. Likelihood of Confusion under §§ 1114 and 1125(a). B. The Misapplication of §§1114 and 1125(a) to Identical-Name Cybergriper Cases. 1. Planned Parenthood Federation of America v. Bucci. 2. Jews for Jesus v....
- Prescription Contraceptives and the Pharmacist's Right to Refuse: Examining the Efficacy of Conscience Laws
Introduction I. The Pharmacist's Ethical Obligations II. Current Refusal Clauses III. Ramifications of a Pharmacist's Refusal and the Adequacy of Existing Legal Protections A. Employment Ramifications and Statutory Protections 1. Protections Available Under Title VII 2. Scope of Protections...
- The Slow Erosion of the Adversary System: Article III Courts, Fisa, Cipa and Ethical Dilemmas
Introduction I. Classified Information Procedures Act and Foreign Intelligence Surveillance Act in the Courts A. Fundamentals of the Adversarial System B. Classified Information Procedures Act C. Fundamental Ethical Conflicts for Diligent, Competent, Zealous Defense Counsel D. Foreign Intelligence...
- Leaving Homeroom in Handcuffs: Why an Over-Reliance on Law Enforcement to Ensure School Safety Is Detrimental to Children
Introduction I. Current Practices A. New York City's "Impact Schools" B. Law Enforcement at Schools in Other Areas of the Country II. Historical Overview: How Did We Get To This Point? III. Negative Effects Associated With Arrests of Children IV. A Brief Look at an Ineffective Federal Attempt to...