LARC Cardoso Law (Yeshida Univ)
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Navigating Divorce After Domestic Violence: The Benefits of ADR
Get PDFNavigating the complexities of divorce is challenging in any circumstance, but for survivors of domestic violence, the process of legal separation can be particularly intimidating. Most people think of domestic violence as the act of physical abuse, however, domestic violence can be described as any action or pattern that affects a spouse’s health and safety. It is estimated that one out of every five marriages, or 20% of marriages in the US involve domestic violence. It can be very hard for individuals who are victims of domestic abuse to want to get divorced. There is often fear that the abusing spouse will retaliate, and the victims believe that enduring the trauma and avoiding conflict is easier than seeking a divorce. Even when these victims make it to court, many survivors face the agonizing prospect of reliving traumatic experiences in the courtroom.
This post was originally published on the Cardozo Journal of Conflict Resolution website on March 5, 2024. The original post can be accessed via the Archived Link button above
Cardozo Welcomes Forum for Jewish Leadership for a Discussion about Immigration Law with Adjunct Professor Michael Wildes ’89
Get PDFCardozo welcomed students with the Forum for Jewish Leadership (FJL) on July 23 to hear from Adjunct Professor Michael Wildes ’89 about immigration law.https://larc.cardozo.yu.edu/cardozo-news-2024/1028/thumbnail.jp
Nobody Understands My Language: An International Human Rights Crisis in U.S. Detention Centers
Get PDFSince 2016 when President Trump was elected, immigration has become a popular and polarizing topic in America. President Trump supported a hardline immigration policy of preventing migrants from entering the country by actively arresting and detaining migrants. Many human rights experts expressed concerns over the human rights violations at the United States-Mexico border as well as in detention centers. For instance, the American Civil Liberties Union (ACLU) published a report describing the lack of medical access and supplies for basic needs at detention centers. The report indicated that oftentimes, migrants were detained without knowing when they would be released, and they often did not have access to legal representation. Furthermore, the detention facilities lacked medical equipment, and they were extremely unprepared for any medical emergency.
This post was originally published on the Cardozo International & Comparative Law Review on February 23, 2024. The original post can be accessed via the Archived Link button above
Digital Barter Taxes: A Legal Defense
Get PDFThis short essay, aimed at state legislators, defends digital barter taxes from the most common legal objections
Fall 2024 Gift Bag Giveaway
Get PDFMonday, November 18th, 2024
Wednesday. November 20th, 2024https://larc.cardozo.yu.edu/flyers-2024-2025/1003/thumbnail.jp
A Conversation with Sam and Libby Edelman: Legends in the Footwear Industry
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1034/thumbnail.jp
Justice over Finality: Compassionate Release as a Mechanism to Correct Sentencing Errors
Get PDFThe passage of the First Step Act of 2018 provoked a wave of scholarship analyzing the impact of the Act on compassionate release. However, little attention has been paid to the newfound potential for sentencing errors to fit within the compassionate release framework. This Note addresses a federal circuit split over the legality of sentencing errors as a ground for compassionate release. Drawing on statutory text, legislative history, and recently promulgated U.S. Sentencing Commission guidelines, this Note seeks to provide a robust defense for judicial discretion to consider sentencing errors as a basis for compassionate release. Sentencing errors represent a profound failure of the criminal legal system and expose the extremely limited opportunities to correct such an error through post-conviction litigation. Although the proposals contained within this Note have the potential to alleviate some suffering, this discrete statutory issue is narrow in scope and should not distract from the enormity of harm caused by the criminal legal system
The Reed that Bends with the Wind does not Break -The Complexities of Multicultural Mediation and the Use of Artistic Tools to Overcome them
Get PDFMediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover further complexities impacting the case\u27s progress.
However, because \u27the reed that bends with the wind does not break,\u27 flexibility and adaptability were necessary to overcome the complexities as they arose. By integrating artistic tools and linking them to African Oral traditions that the parties are familiar with, such as storytelling, dramatization, and visual and symbolic expressions, the mediators revealed the transformative potential of these tools to bridge communication gaps, enhance understanding, and promote active participation among diverse parties.
This paper concludes by examining the psychological benefits of artistic tools in conflict resolution, emphasizing the necessity of culturally attuned mediation strategies, particularly in remote communities where power imbalance can be acute.
This paper adopts an implicit approach to methodology. It integrates the methods directly into the discussion, helping readers to understand the processes through context and examples instead of presenting them in explicit sections. By embedding the methodology within the narrative, the paper focuses on the impact of the tools used in the mediation process while still making the methods clear in an organic way