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Sound the Alarm: The Constitutional Crisis of Judicial Compensation


Karissa M. Schwartz     When legal scholars refer to a “constitutional crisis,” they speak about a substantive legal showdown between branches of the government, such as President Roosevelt’s “court packing” plan, the presidential subpoena issued by Congress during the Watergate era, or the election recount in Bush v. Gore.  Chief Justice Roberts has recently sounded the alarm about an ongoing constitutional crisis that threatens the viability of the judicial branch of government.  This constitutional crisis undermining the stren...

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“Mosaic Theory” and Megan's Laws

Wayne A. Logan      In law as in life, a change in perspective can sometimes afford an opportunity to conceive of a once settled matter in a new, more meaningful way.  Such an opportunity is now presented by the D.C. Circuit’s recent decision i...
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Mandatory Minimums: Don't Give Up On the Court

Michael O'Hear  Erik Luna and Paul Cassell have given us an extraordinarily thorough and persuasive treatment of an important topic.  I have little doubt that the world would be a better place if Congress heeded their advice and adopted the reform...
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A Proactive Judicial Branch: Confronting the Crisis of the Unrepresented

Hon. Jonathan Lippman       I am so honored and pleased that Dean Diller invited me to deliver the Cardozo Law School Dean’s Lecture.  I hope that my remarks today will serve to spur your interest in the evolving role of the state courts as ...
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Pulitzer Plagiarism: The Malamud-Beilis Connection

Jay Beilis     Jeremy Simcha Garber     Mark S. Stein     INTRODUCTION      One of the great trials of the twentieth century was the 1913 blood-libel trial of Mendel Beilis in Czarist Russia.  Beilis, a Jew, was arrested in 1911 b...
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The U.N. Consolidated List: Effect of Committee Dynamics on Creation and Compliance

Kalyani Munshani       The Al-Qaida and Taliban Sanctions Committee (the “Committee”) was created by United Nations Resolution 1267 (1999).  The fundamental responsibility entrusted to the Committee is the proscribing of individuals and ent...
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DOMA After the Holder Memo



Introduction



On February 23, 2011, Attorney General Eric Holder sent a letter to U.S. House Speaker John Boehner, announcing the Executive Branch’s determination that Section 3 of the Defense of Marriage Act, 1 U.S.C. § 7--which limits federal recognition of marriage, and all of the rights...

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Civil Union Equality

Elizabeth M. Glazer      2011 was a good year for marriage equality in the United States.  President Obama publicly renounced the constitutionality of the Defense of Marriage Act (DOMA) and determ...
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The Straight and Narrow

Zachary A. Kramer      When I was just starting out as an academic, I took part in a symposium on same-sex marriage. I didn’t know it at the time, but the symposium was more a debate about same-s...
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Defense of Marriage Act, Will You Please Go Now!

Joanna L. Grossman           The time has come.           The time has come.           The time is now.           Just go.           Go.           GO!           I do...
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The Defense of Marriage Act: The Application of Heightened Scrutiny to Discrimination on the Basis of Sexual Orientation

Roberta A. Kaplan and Julie E. Fink      The Defense of Marriage Act, or DOMA, is a unique and sweeping federal law that excludes same-sex couples from any of the federal protections of marriage. ...
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The Perils and Promise of the Holder Memo

David Schraub      Barack Obama, like his opponent John McCain, opposed same-sex marriage in the 2008 presidential election. At his inauguration, gay marriage was legal in only two states—Massach...
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Would a Constitutional Amendment Protect and Promote Marriage in North Carolina? An Analysis of Data from 2000 to 2009

Holning Lau      The people of North Carolina will soon vote on a constitutional amendment that, if passed, would bar the government from legally recognizing same-sex marriages, civil unions, dome...
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Latest de•novo Articles

Sound the Alarm: The Constitutional Crisis of Judicial Compensation


Karissa M. Schwartz     When legal scholars refer to a “constitutional crisis,” they speak about a substantive legal showdown between branches of the government, such as President Roosevelt’s “court packing” plan, the presidential subpoena issued by Congress during the Watergate era, or the election recount in Bush v. Gore.  Chief Justice Roberts has recently sounded the alarm about an ongoing constitutional crisis that threatens the viability of the judicial branch of government.  This constitutional crisis undermining the stren...

Read More...

“Mosaic Theory” and Megan's Laws

Wayne A. Logan      In law as in life, a change in perspective can sometimes afford an opportunity to conceive of a once settled matter in a new, more meaningful way.  Such an opportunity is now presented by the D.C. Circuit’s recent decision i...
Read more...

Mandatory Minimums: Don't Give Up On the Court

Michael O'Hear  Erik Luna and Paul Cassell have given us an extraordinarily thorough and persuasive treatment of an important topic.  I have little doubt that the world would be a better place if Congress heeded their advice and adopted the reform...
Read more...

Snyder v. Phelps: A Slice of the Facts and Half an Opinion

Deana Pollard Sacks      The first sentence in Chief Justice Roberts’s opinion in Snyder v. Phelps foreshadows the result: “A jury held members of the Westboro Baptist Church liable for millions of dollars in damages for picketing near a sold...
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Investigating Patent Law’s Presumption of Validity, Part II: An Empirical Analysis of How Unconsidered Evidence and Evidentiary Standards Affect Jury Verdicts

Etan S. Chatlynne, Stephen Kenny & Lucas Watkins      Before 1982, rebutting a patent’s presumption of validity generally required clear and convincing evidence.  The standard would shift to a preponderance of the evidence, however, if a vali...
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Afterthoughts on Snyder v. Phelps

Alan Brownstein & Vikram David Amar      From a scholarly and professional perspective, the United States Supreme Court’s decision in Snyder v. Phelps added little to the development of free speech doctrine.  As a normative matter, the Cour...
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Latest Print Issue

CARDOZO LAW REVIEW

VOLUME 33 FEBRUARY 2012 NUMBER 3Copyright © 2012 by Yeshiva University
All rights reserved



CONTENTS

Articles
 What Polices Learn from Lawsuits
Joanna C. Schwartz 841

The En Banc Federal Circuit's Written Description Requirement: Time for the Supreme Court To Reverse AgainAllen K. Yu...

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