Law Commons^™

Cardozo Law News Brief: May 17, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Kathryn Miller
• Kate Levine
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Edward Zelinsky

Events:

• 2024 Homecoming and Reunion

Cardozo Law News Brief: May 10, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Saurabh Vishnubhakat
• Alexander Reinert
• Jessica Roth
• Edward Zelinsky
• Kate Levine
• Michel Rosenfeld
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Jacob Noti-Victor
• Gabor Rona
• Edward Zelinsky

Downstreaming, Rachel Landy

Articles

Spotify and its competitors all offer the same product at the same price. Why? Scholars have argued that relationships can be designed in a way that naturally promotes innovation. By “braiding” certain formal contracting practices with informal enforcement norms, parties develop a frame-work that supports trust and positive, long-term collaboration. This Article takes on this consensus and shows that not all braiding is good. Using the multibillion-dollar subscription music streaming business as an illustration, it demonstrates just how industry forces can, and do, overcome braiding’s positive slant. In that industry, the major record labels (Universal, Warner, and Sony) weaponize braiding …

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

Articles

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Cardozo Law News Brief: April 19, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Myriam Gilles
• Michel Rosenfeld
• Gabor Rona
• Edward Zelinsky

Reply Brief Of Edward A. And Doris Zelinsky In The New York Tax Appeals Tribunal, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

Three reasons of state law independently compel a refund of the New York income tax Professor Edward A. Zelinsky paid on the Cardozo Law School salary Professor Zelinsky earned during the COVID period from March 15, 2020 through December 31, 2020. That salary was not New York source income because Professor Zelinsky earned that COVID period salary at his home in Connecticut “wholly without” New York’s borders. 20 N.Y.C.R.R. § 132.4(b). In addition, New York’s “convenience of the employer” rule does not apply to that COVID period salary because Professor Zelinsky’s remote work at home was for Cardozo’s necessity rather …

Toward The Substitutionary Promise Of Ptab Review, Saurabh Vishnubhakat

Online Publications

Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and the U.S. district courts allow the agency to disregard prior judicial decisions about patent validity and for patents to be relitigated even after surviving judicial review. Divergent claim construction standards allow for similar arbitrage, and, although the USPTO has now aligned its claim construction approach with that of the courts through rulemaking, that …

Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

Cardozo Law News Brief: April 5, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Samuel Weinstein
• Kate Levine
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Alma Magana
• Jessica Roth
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: A Conversation with Mark Weber

Legislating Courts, Michael C. Pollack

Articles

No abstract provided.

Cardozo Law News Brief: March 29, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Stewart Sterk
• Luis Calderon Gomez
• Emmanuel Arnaud
• Young Ran (Christine) Kim

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: A Conversation with Mark Weber

Cardozo Law News Brief: March 22, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Stewart Sterk
• Luis Calderon Gomez
• Young Ran (Christine) Kim

Campus News:

• Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration
• Cardozo’s Civil Rights Clinic Wins Fifth Circuit Appeal for Client in Police Misconduct Case
• Cardozo’s Entertainment Law Week Showcases Alumni Who Have Made it in the Industry

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory

Cardozo Law News Brief: March 15, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Myriam Gilles
• Jocelyn Getgen Kestenbaum
• Alma Magana
• Michel Rosenfeld

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Cardozo Law News Brief: March 8, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jacob Noti-Victor
• Jessica Roth
• Alexander Reinert
• Anthony Sebok

Campus News:

• Miriam Lacroix Joins Cardozo as Director of Diversity and Inclusion

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

The Insidious War Powers Status Quo, Rebecca Ingber

Articles

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

Cardozo Law News Brief: March 1, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Andrea Schneider
• Rebekah Diller
• Pamela Foohey
• Peter Goodrich
• Young Ran (Christine) Kim
• Rachel Landy

Campus News:

• Cardozo’s Race and the Law Course Offerings Give Students a Unique Chance to Learn About How to be an Anti-Racist Future Lawyer
• 14th Annual BALLSA Celebration Honors Kwanza Jones ’99
• Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks at American Academy of Forensic Sciences

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Cardozo Law News Brief: February 23, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Pamela Foohey
• Alexander Reinert
• Jessica Roth
• Luis Calderon Gomez
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Cardozo Law News Brief: February 16, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Rebecca Ingber
• Edward Zelinsky

Campus News:

• Milbank and Cardozo’s Perlmutter Center Announce Partnership to Advance Criminal Justice Reform
• Professor Rebecca Ingber Appointed to Venice Commission
• Dr. Richard Haass to Receive 23rd International Advocate for Peace Award

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Can The Ada Protect Persons With Disabilities In Their Ability To Get To Work?, Jack Gatcliffe

ERSJ Blog

James Kimmons worked at a Charter Communications call center. He suffered cataracts in both eyes, which made it difficult to drive in the dark. Kimmons requested a modification to his work schedule, seeking permission to work earlier hours so he could commute home in the daylight. Notably, the work-schedule accommodation Kimmons sought is one that many other Americans may need, as 22.8% of all working age adults are considered accommodation-sensitive and 47% to 58% “of those who would actually benefit from a workplace accommodation do not receive one.” His employer granted his request for a short period of time but …

Cardozo Law News Brief: February 9, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Edward Zelinsky
• Rebecca Ingber
• Anthony Sebok
• Young Ran (Christine) Kim

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

A Band-Aid Solution: New York's Proposal To Address The Maternal Health Crisis, Emily Glazier

ERSJ Blog

A pregnancy-related death is a death “that occur[s] within one year of pregnancy.” In the United States, approximately 700 women die each year as a result of pregnancy or pregnancy-related complications. Notably, pregnancy-related mortality rates are significantly higher for Black and American Indian and Alaska Native (AIAN) women. Even in the face of high income levels, Black women in America face a disproportionately higher risk of pregnancy-related death. In New York, such disparities are even more prominent: Black women are “over four times more likely to die from childbirth-related complications.” In New York City, Black women are “nine times more …

The Irs Audits An Easy Target — The Poor, George Galan

ERSJ Blog

In 2018, Natassia Smick and her husband filed their income tax return showing earnings of about $33,000. They expected a refund, $2,000 of which is attributed to the Earned Income Tax Credit. The Earned Income Tax Credit (EITC) is a tax credit “for working people with low and moderate incomes. It boosts the incomes of workers paid low wages while offsetting federal payroll and income taxes.” The EITC aims to reduce poverty, and in 2018, the credit “lifted about 5.6 million people above the poverty line.” Smick, like many other families, relied on her tax refund to help pay her …

How Summary Eviction Proceedings Fail Individuals Facing Housing Discrimination, Katherine Alonzo

ERSJ Blog

Every year, over three million American households are threatened with eviction from their homes. The consequences of eviction are “dire” and affect “every facet of life” that go beyond someone’s physical safety and livelihood. For instance, evictions may leave people unhoused, “[fracture] the integrity of their families, [crush] their livelihoods, [damage] their mental and physical health and their safety, [deprive] them of their place in community and, ultimately, [tear] apart the fabric of their communities.” While Americans of all backgrounds face evictions, there are often large racial, ethnic, and gender disparities among those who face eviction with Black Americans, women, …

Cardozo Law News Brief: February 2, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jacob Noti-Victor
• Pamela Foohey
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Michael Oher and ‘The Blind Side’ of Conservatorships
• The 2024 Cardozo Colloquium on Global and Constitutional Theory Presents: Linda Greenhouse on the Roberts Court
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Sidewalk Government, Michael C. Pollack

Articles

This Article is about one of the most used, least studied spaces in the country: the sidewalk.

It is easy to think of sidewalks simply as spaces for pedestrians, and that is exactly how most scholars, policymakers, and laws treat them. But this view is fundamentally mistaken. In big cities and small towns, sidewalks are also where we gather, demonstrate, dine, exercise, rest, and shop. They are host to commerce and infrastructure. They are spaces of public access and sources of private obligation. And in all of these things, sidewalks are sites of under-appreciated conflict. The centrality of sidewalks in …

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

Articles

Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive, and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Cardozo Law News Brief: January 26, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Michael Herz
• Emmanuel H. Arnaud
• Peter Goodrich
• Jacob Noti-Victor
• Edward Zelinsky

Campus News:

• Cardozo Holds Two-Week January Intensive Courses Teaching Students Courtroom Litigation and Transactional Skills
• Justice Dianne T. Renwick ’86 Pens Piece for New York Law Journal About Diversity On NY's Court System's Bench

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: An Evening with Steve Madden
• Michael Oher and ‘The Blind Side’ of Conservatorships
• The 2024 Cardozo Colloquium on Global and Constitutional Theory Presents: Linda Greenhouse on the Roberts Court
• Cardozo Law Review Symposium on Ethics in the Judiciary and …

Brief For Amicus Curiae Professor Edward A. Zelinsky In Support Of Appellants And Reversal, Edward A. Zelinsky

Amicus Briefs

DOL’s tie-breaking rule violates ERISA’s duty of loyalty under ERISA § 404(a)(1)(A). ERISA’s duty of loyalty requires ERISA-regulated trustees to invest plan resources for the “exclusive purpose of . . . providing” economic benefits to plan participants and their beneficiaries, “solely in the interest of the participants and beneficiaries.” The tie-breaking rule violates this stringent statutory duty of loyalty because it permits plan trustees investing plan resources to consider “collateral benefits,” i.e., the welfare of third parties or social goals. But ERISA‟s plain text does not permit this result. The words ““solely” and “exclusive purpose” in § 404(a)(1)(A) do not …

Cardozo Law News Brief: January 19, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Burton Lipshie
• Michael Pollack
• Gabor Rona
• Richard Weisberg

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: An Evening with Steve Madden
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein

Amicus Briefs

The amici curiae consist of professors and legal scholars with a collective experience of over one hundred years in teaching and writing about constitutional law. Their primary interest lies in ensuring that the Court resolves the case in a manner consistent with federalism and separation of powers principles.