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Cardozo Law News Brief: December 29, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Samuel Weinstein
• Richard Weisberg
• Rebecca Ingber
• Lela Love
• Gabor Rona

Campus News:

• Cardozo Introduces Gates Scholars Program

Events:

• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Cardozo Law News Brief: December 11, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Michael Herz
• Samuel Weinstein
• Jocelyn Getgen Kestenbaum
• Michelle Adams
• Anthony Sebok
• Aaron Wright
• Ekow N. Yankah
• Edward Zelinsky

Campus News:

• Video: How Has Learning During the Pandemic Changed at Cardozo?
• Associate Dean Val Myteberi Comments On LL.M. Job Opportunities In LLM Guide

Events:

• The Jacob Burns Center for Ethics in the Practice of Law presents Wild, Wild West: Arizona’s Pioneering World of Non-Lawyer Investment in Law
• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Intellectual Property Law – What Happens After The “Vote-From-Home” Election?, Ryan Baal

AELJ Blog

If Biden were to carry on with the Obama administration’s approach to intellectual property law, the America Invents Act of 2013 (AIA) would be the best place to start in analyzing how the president-elect might influence IP law over the coming years. At its core, the AIA transitioned the United States to a first-to-file system and modified the bars to patentability under the patent law statutes.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 23, 2020. The original post can be accessed via the Archived Link button above.

The Washington Redskins Abandon Their Historically Controversial Team Name Amidst A Push For Socially Conscious Branding, Shelby Epstein

AELJ Blog

On July 13, 2020, following a review of the team’s name, the National Football League’s (“NFL”) Washington Redskins announced they would be retiring both their team name and logo. “The decision [came] amid the Black Lives Matter movement — which . . . sparked a cultural awakening — and after decades of debate over its name and logo, which many say are offensive towards Native Americans.” Dan Synder, owner of the Washington Football Team, said the decision was made “in light of recent events around our country and feedback from our community.”

This post was originally published on the Cardozo …

Broadway: Adapting And Overcoming Post-Covid, Emily Feldman

AELJ Blog

On Wednesday, March 11, 2020, a Broadway usher tested positive for COVID-19. A day later, on March 12, 2020, one of New York’s most significant cultural institutions, and a symbol of the city itself, entered an indiscernibly long hiatus when The Broadway League, an organization representing Broadway theater owners and producers, announced that Broadway would be shutting down. What was initially meant to be a short break for Broadway’s 41 theatres quickly evolved to an extended one. Although the theatres intended to reopen in June 2020, this deadline was moved first to January 2021, and subsequently to May 2021. While …

Week Of November 9, 2020 - November 13, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Barbri
• Cardozo ADR Competition Honor Society
• Cardozo Center for Public Service Law
• Cardozo Entertainment Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Office of Alumni Affairs
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Startup Society
• Cardozo Tax Law Society
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)
• Latin American …

Obscene Trademarks: What Will Iancu Allow?, Carter Hall

AELJ Blog

In recent years, the Supreme Court has made clear that the First Amendment applies to trademarks. In Matal v. Tam, the Supreme Court held that the statutory bar on “trademarks that may ‘disparage … or bring … into contemp[t] or disrepute’ any ‘persons, living or dead’” violates the First Amendment. In Iancu v. Brunetti the court struck down a bar on “the registration of ‘immoral[ ] or scandalous’ trademarks”, again on First Amendment grounds, determining that the term FUCT could be trademarked. In several concurrences in Iancu, justices argued that obscene trademarks can still be barred, due to the traditional …

Public Forums And Section 230—Should They Work Together?, Jack Madeb

AELJ Blog

The First Amendment of the United States Constitution states, “Congress shall make no law . . . abridging the freedom of speech.” The right to freedom of speech allows individuals to express themselves without government interference or regulation. However, the level of protection speech receives depends on the forum in which that speech takes place. Some public forums may discriminate against certain classes of speakers or types of speech from being presented within that forum.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2020. The original post can be accessed via …

Cardozo Law News Brief: November 6, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Rebecca Ingber
• Edward Zelinsky
• Ekow N. Yankah
• Jocelyn Getgen Kestenbaum
• Deborah Pearlstein
• Anthony Sebok
• Richard Weisberg

Events:

• Student Services Coffee Chat - Class of 2021
• Immigration Career Panel with FIRE
• Cardozo Journal of Equal Rights and Social Justice Presents: Changing the Way We See Modern Policing: Reform or Abolition?
• Town Hall with Dean Melanie Leslie

Ninth Circuit Reversed And Remanded District Court’S Ruling That Immigration Detainers Issued Based On Unreliable Databases Violates The Fourth Amendment, Mal Helgadottir

AELJ Blog

U.S. Immigration and Customs Enforcement (“ICE”) issues immigration detainers “to advise another law enforcement agency that the Department seeks custody of an [individual] presently in the custody of that agency, for the purpose of arresting and removing the [individual].” The immigration detainer requests that local law enforcement notify ICE “prior to the release of the [individual], in order for the Department to arrange to assume custody.” Immigration detainers have been subject to litigation arising out of Fourth Amendment concerns because detainers are not reviewed by detached neutral judicial officials. To issue an immigration detainer, an ICE officer simply needs to …

Loots Of Their Labor: Analyzing Wage & Hour Challenges In Gaming’S “Crunch Culture”, Matt Vernace

AELJ Blog

Several industries rely on high volumes of creative input from their labor forces; the legal, accounting, medical, and financial fields are infamous for time demands placed on employees. Tech professionals also confront similar high-volume work periods, typically before a big product release. Yet an underexplored industry featuring this demanding work culture lies within interactive entertainment space: video game development. While most of the listed industries offer long-term benefits like equity, job security, or financial stability, game development studios often do not have the same carrots-and-sticks available to sweeten the pot for overworked employees.

This post was originally published on the …

The Executive Branch Anticanon, Deborah Pearlstein

Faculty Articles

Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …

Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz

Faculty Articles

A specter is haunting notice-and-comment rulemaking—the specter of fraudulent comments. The stand-out example—the apotheosis—was the Federal Communications Commission’s (FCC) net neutrality rulemaking in 2017. Well over twenty million comments were submitted, but millions of those were highly suspect. It turns out only about 800,000 of those comments were unique—that is, not written by a computer and not a pre-written form letter or variation thereof. And of the rest, perhaps half were submitted by computers (bots) using fictitious names or the names of real people, living and dead, who had no connection to the comment.

Cardozo Law News Brief: October 30, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Michael Herz
• Deborah Pearlstein
• Samuel Weinstein
• Kate Levine
• Kyron Huigens
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Kathryn Miller

Events:

• Student Services Coffee Chat - Class of 2021
• Immigration Career Panel with FIRE
• Cardozo Journal of Equal Rights and Social Justice Presents: Changing the Way We See Modern Policing: Reform or Abolition?
• Law Review Bauer Lecture

Week Of October 26, 2020 - October 30, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Antitrust Society
• Black Asian & Latino Law Students Association (BALLSA) Alumni Group
• Black Law Students Association (BLSA)
• Cardozo Alumni Mentor Program (CAMP)
• Cardozo Art Law Society
• Cardozo Center for Public Service Law
• Cardozo Dispute Resolution Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Health Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Office of Diversity & Inclusion
• Cardozo Office of Student Services & Advising
• Cardozo Public Service …

The First Amendment’S Greatest Protector: The Nba, Hayden Farmer

AELJ Blog

The 2019-2020 NBA season has come to an end with the Los Angeles Lakers winning their 17th championship. This accomplishment proves all the worthier when the tumultuous season is put in perspective. The COVID-19 pandemic caused the season to be suspended indefinitely in March and be moved to the Orlando Disney World campus. Basketball legend Kobe Bryant and his daughter, Gianna, along with seven others, died in a tragic helicopter crash in February. As the NBA season resumed, racial injustice across the nation took center stage and led to several reforms within the league. Hidden amidst these tragedies are the …

Just How Epic Is The Fortnite-Apple Lawsuit?, Justin Weinblatt

AELJ Blog

Epic Games is known for its over-the-top and bombastic video games such as the smash hit, Fortnite. It turns out Epic Games’ approach to legal disputes is just as bombastic as its approach to game development. On August 13, 2020, Epic filed a lawsuit against Apple, alleging antitrust violations. Instead of merely filing a lawsuit and a press release, Epic has turned this legal challenge into a media blitz with a parody of Apple’s famous 1984 ad and even an in–game event. Epic’s marketing campaign has been successful, prompting CNN to wonder if Fortnite has killed the App Store as …

Cardozo Hosts Symposium Focused On Presumptive Adr And Court Systems Of The Future, Kukin Program For Conflict Resolution

Event Invitations 2020

No abstract provided.

Jed D. Melnick Annual Symposium: Presumptive Adr And Court Systems Of The Future, Cardozo Journal Of Conflict Resolution

Flyers 2020-2021

No abstract provided.

Ucla V. Under Armour: Invoking The Force Majeure Clause, Reid Zank

AELJ Blog

Under Armour was hoping its logo would quietly disappear from the players’ uniforms and the athletic facilities at the University of California, Los Angeles (“UCLA”), after informing UCLA this past June that they were discontinuing their partnership with the school.1 However, UCLA is not taking this lying down. On August 26, 2020, UCLA filed a lawsuit against Under Armour in a California federal court for attempting to end its 15-year, record-setting sponsorship deal valued at $280 million after only 3 years.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 19, 2020. The …

Emotions, My Dear Watson: Dissecting Copyright/Trademark Infringement In Netflix’S Portrayal Of Sherlock Holmes, Dionissia Siozios

AELJ Blog

On September 23, 2020, Netflix released the “Enola Holmes” movie despite being embroiled in a lawsuit for alleged copyright and trademark infringement brought by the estate of Sir Arthur Conan Doyle (the author of the Sherlock Holmes novels). “Enola Holmes” is a film based on a book about the life of Sherlock Holmes’ younger sister. The movie stars actress Millie Bobby Brown as Enola, and Henry Cavill as Sherlock Holmes. In the complaint, the estate argues that although most of the Holmes novels are in the public domain, Doyle only began to give Holmes true human emotion in the last …

Week Of October 12, 2020 - October 16, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Barbri
• Black Law Students Association (BLSA)
• Cardozo Center for Public Service Law
• Cardozo Criminal Law Society (CCLS)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo Financial Services & Compliance Alumni Group
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Law Review
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance …

Rethinking Presidential Succession After Covid-19, Kevin Rizzo

CICLR Online

While the process of presidential succession is not typically high on the list of concerns most people have about the American government, presidential succession has risen in salience during the onset and continued spread of the coronavirus pandemic. For a brief period in early October 2020, presidential succession made its way close to the top of that list when President Donald Trump revealed he tested positive for Covid-19—a potentially deadly virus—and also seemed to have exposed the vice president. Although the worst fears of a succession crisis seem to have abated, the episode arguably brought the issue of succession to …

Symposium: The California Consumer Privacy Act, Margot Kaminski, Jacob Snow, Felix T. Wu, Justin Hughes

Faculty Articles

This symposium discussion of the Loyola of Los Angeles Law Review focuses on the newly enacted California Consumer Privacy Act (CPPA), a statute signed into state law by then-Governor Jerry Brown on June 28, 2018 and effective as of January 1, 2020. The panel was held on February 20, 2020.

The panelists discuss how businesses are responding to the new law and obstacles for consumers to make effective use of the law’s protections and rights. Most importantly, the panelists grapple with questions courts are likely to have to address, including the definition of personal information under the CCPA, the application …

Epic Games V. Apple: Fortnite And Tros, Michael Levi

AELJ Blog

Apple created an App Store to give customers a wide range of apps they can use form their iPhone. Apple takes a 30% standard fee of all in app purchases, in exchange for allowing developers access to the App Store. Epic Games, the creator of the popular Fortnite app, circumvented this 30% fee by offering discounts for Fortnite purchases made directly through their app.1 In response, Apple banned Fortnite from their App Store.2 Epic Games then filed an anti-trust lawsuit against Apple for monopolizing the App Store, thus prompting Apple to completely cut off Epic Games access to the App …

Do Virtual Classrooms Encroach On Family Privacy Rights?, Jonathan Shkedy

AELJ Blog

On August 27, a 12-year-old boy in Colorado flashed a toy gun, emblazoned with the words “Zombie Hunter,” across the screen during his virtual art class.1 The school’s vice principal later called the boy’s mother to inform her that a police officer was on the way to her house.2 The boy was suspended from school for a week, and now has a record with the El Paso County Sherriff’s Office and a mark on his school paperwork saying that he brought a “facsimile of a firearm to school.”3 The boy’s mother, in an interview with The Washington Post, noted that …

The Dance Between The Nba Players And Their First Amendment Rights, Victor Wang

AELJ Blog

“With great power comes great responsibility.” This popular quote comes with a simple meaning: If you have the ability to do something, make sure that you do it for the good of others. The sports world is not a stranger to the Constitution. From when former heavyweight boxing champion Muhammad Ali refused army induction and spoke out against the draft of civilians to fight in the Vietnam War to Colin Kaepernick deciding to indefinitely kneel and refusing to stand for the national anthem, athletes have been exercising their First Amendment right of freedom of expression as citizens of the United …

Cardozo Law News Brief: September 25, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Deborah Pearlstein
• Kate Shaw
• Kate Levine
• Samuel Weinstein
• Michelle Greenberg Kobrin
• Lela Love
• Alexander A. Reinert
• Gabor Rona
• Michel Rosenfeld
• Richard Weisberg
• Edward Zelinsky

Campus News:

• Associate Deal Val Myteberi Comments in LLM Guide

Events:

• Law Review Symposium Series
• FAME presents An Evening with Swizz Beatz
• Annual Floersheimer Center Supreme Court Term Preview
• Special Education Law & Advocacy Panel
• Hollywood On Trial: The Untold Story of Female Attorneys in Film & TV

Week Of September 21, 2020 - September 25, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo Alumni Association’s Intellectual Property Practice Group
• Cardozo Art Law Society
• Cardozo Business Law Society
• Cardozo Dispute Resolution Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Journal of Conflict Resolution (CJCR)
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Law Review
• Cardozo Office of Student Services & Advising
• Cardozo Parity Project
• Cardozo Startup Society
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Kaplan
• Louis D. Brandeis Center …

Austria Joins Other European Countries In Offeringcitizenship To The Persecuted Who Never Returned, Hayley Bronner

CICLR Online

Since September 1, 2020, Austrian survivors of Nazi persecution and their descendants have been able to gain Austrian citizenship,allowing Austria to join a handful of other European countries in inviting back the Jewish communities that they once mistreated. Austriawas once home to thriving Jewish communities, but now only contains a fraction of its former Jewish population. In January of 1938, two months before Nazi Germany invaded Austria, there were approximately 190,000 Jews in Austria’s Jewish communities. Only about 120,000 of these Austrian Jews survived the Holocaust, and by December of 1945, eight months after Nazi Germany surrendered to the Allied …