Law Commons^™

Gloria Steinem To Receive 22nd International Advocate For Peace Award, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The Cardozo Journal of Conflict Resolution (CJCR) of the Benjamin N. Cardozo School of Law announced that world-renowned writer, activist, and organizer Gloria Steinem will receive the 22nd International Advocate for Peace Award (IAP) on March 29, 2023. Ms. Steinem joins two former United States presidents, business leaders, musicians, filmmakers, and others who have previously received the IAP Award, which recognizes an individual, organization, or group that has made significant contributions in the field of conflict resolution and the promotion of peace around the world. Ms. Steinem has been a preeminent international advocate for equality and feminist movements for over …

Automating Bias: Cardozo Law Review 2023 Symposium, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Heyman Center On Corporate Governance, Jacob Burns Center For Ethics In The Practice Of Law

Flyers 2022-2023

This symposium explores the use of artificial intelligence (AI) in consumer credit markets and the legal and policy issues surrounding these practices.

To access the symposium event invitation, schedule, and video recording, simply follow the links provided.

Automating Bias: Cardozo Law Review 2023 Symposium, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Heyman Center On Corporate Governance, Jacob Burns Center For Ethics In The Practice Of Law

Event Invitations 2023

This symposium explores the use of artificial intelligence (AI) in consumer credit markets and the legal and policy issues surrounding these practices.

Which Office Essentials Are Actually Essential? I Relocated To The Conference Room To Find Out!, Olivia R. Smith Schlinck

Library Staff Online Publications

Hello and Happy New Year from my office home office temporary office/library conference room! January always brings new opportunities and challenges, but over here in NYC those challenges began at the end of 2022 when on Christmas Day three pipes burst at the Benjamin N. Cardozo School of Law, causing significant flooding throughout the building including—where else—the law library. And my office. What’s the saying? New Year, new temporary workspace? Something about this feels vaguely early-pandemic to me.

Too Good To Be True: Private Placement Life Insurance Policies, Luís C. Calderón Gómez

Faculty Articles

In this article, Calderón Gómez examines a tax avoidance scheme involving private placement life insurance policies — large policies that potentially allow wealthy taxpayers to move their traditionally tax-inefficient investments in private equity and hedge funds into a life insurance policy and accumulate, borrow against, and pass on those investment gains effectively tax free — and sketches some possible alternatives to stop the abuse of these policies.

Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay

CICLR Online

The birth rate in Italy had been a topic of concern for the past couple decades, making it a source of conversation and debate among political parties and candidates in Italy. With the election of a new Italian government and the prediction of Giorgia Meloni being Italy’s new prime minister, how Meloni and her party have spoken of and plan to tackle the falling birth rate is a discussion occurring around the world. The falling birth rate was concerning to country leaders prior to the start of the COVID-19 pandemic, but statistics show that the Italian birth rate has fallen …

Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro

CICLR Online

Shards of glass and plastic flew across the floor as legislator Burak Erbay, a member of the Republican People’s Party, hammered and smashed a smartphone Wednesday night while addressing the Turkish parliament in opposition to president Recep Tayyip Erdoğan proposed Disinformation Bill. Erbay argued the Bill’s clampdown on social media would make smartphones obsolete. Turkish authorities reported to the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe that the principal goal of the new legislation is to “prevent the spread of fake, untrue, baseless, and false information designed to …

Cardozo Law News Brief: January 13, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jocelyn Getgen Kestenbaum
• Gaia Bernstein
• Pamela Foohey
• Young Ran (Christine) Kim
• Michel Rosenfeld

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• 50 Years of Title IX: The Pivot to Justice in Women’s Gymnastics
• Benin Bronzes: Restitution and Reparation
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• “Call Me Dancer,” a client film of the Filmmakers Legal Clinic, will be shown at the Dance on Camera Festival
• Class of 2023 Commencement

Brief Of Legal Scholars As Amici Curiae In Support Of Petitioners, Pamela Foohey

Faculty Amicus Briefs

Amici curiae are professors at law schools throughout the United States. Amici’s expertise encompasses student-financial-assistance programs under Title IV of the Higher Education Act of 1965, consumer finance, administrative and constitutional law, modes of statutory interpretation, and the development of the major questions doctrine. Amici have a strong interest in assisting this Court in resolving questions of law that go to the core of their professional expertise and scholarship, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory interpretation methodology, particularly in the context of its precedent …

Cardozo Law News Brief: January 6, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Edward Zelinsky
• Saurabh Vishnubhakat
• Pamela Foohey
• Jocelyn Getgen Kestenbaum

Campus News:

• Derrick Hamilton, Deputy Director of Perlmutter Center for Legal Justice, Appears on ABA Journal Podcast

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• Class of 2023 Commencement

Ok, Zoomer: Teaching Legal Research To Gen Z, Olivia R. Smith Schlinck

Library Staff Articles

Generation Z has entered law school. With each new generation comes new education preferences. While research on Gen Z in the legal academy has grown over the past few years, to date none deal explicitly with teaching legal research to Gen Z. This article connects Gen Z’s childhood and resulting peer personality to 10 tangible pedagogical changes for teaching legal research to Gen Z.

Revisiting The Disability Integration Presumption, Chris Yarrell

Cardozo Law Review de•novo

The Individuals with Disabilities Education Act’s (IDEA) predecessor established a legal presumption in favor of educating all students with disabilities in an integrated, “least restrictive environment” (LRE) to the “maximum extent appropriate.” Yet, the precise meaning of this statutory presumption remains unsettled, which has led to mounting special education disputes in federal court. This Article addresses a less developed area of IDEA litigation: namely, how federal courts should interpret this statutory presumption in light of the disproportionate placement of students with the most significant cognitive disabilities in separate settings.

Whether students with the most significant cognitive disabilities sacrifice their right …

Commercially Reasonable Sales In The 21st Century, David G. Carlson

Faculty Articles

It has been over 20 years since the 2000 amendments profoundly amended the foreclosure procedures in Article 9 of the UCC. This article reviews how the amendments have fared in the case law since then.

On The Lawfulness Of Awards To Class Representatives, Benjamin Gould

Cardozo Law Review de•novo

When class actions are settled or the class prevails on the merits, successful class representatives are often net losers: their individual recovery does not cover the opportunity costs and other losses they have incurred in representing the class. For that reason among others, they frequently receive an award on top of their relief as class members. The federal courts of appeals had unanimously approved these awards until recently, when the Eleventh Circuit relied on two nineteenth-century cases to hold that they are always unlawful. That decision is now the subject of a cert petition. The Eleventh Circuit got it wrong. …

Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements In The Remote Workspace, Rachel Refkin

Cardozo Law Review de•novo

The worksite location requirements for the PERM process for immigrant visas and LCAs for specialty occupation nonimmigrant visas have lost their relevance during the revolution of the white-collar remote workspace within the United States under current DOL guidelines. Although on its face foreign nationals working outside the office appears to be a novel legal issue, remote work within the United States has been an insurmountable hurdle in the immigration space since telework gained popularity in the late twentieth century. It is possible to apply for both kinds of visas for telework, but adherence to the Farmer Memo appears to be …

Zoned In: How Residence Restrictions Lead To The Indefinite And Unconstitutional Detention Of New Yorkers Convicted Of Sex Crimes, Rebecca Tunis

Cardozo Law Review de•novo

Despite the New York Court of Appeals majority holding in People ex rel. Johnson, New York’s policy of detaining individuals beyond their maximum sentence because they are unable to procure SARA-compliant housing is plainly unconstitutional. The policy violates sex offenders’ fundamental right to be released from prison after serving their sentence. Further, the policy fails to meet even the most relaxed form of judicial review because the state has not shown that it benefits public safety. Indeed, there is virtually no evidence proving that this policy serves to protect the public at all, and a growing body of research shows …

A Means To An End: A Way To Curb Bias-Based Policing In New York City, Garanique N. Williams

Cardozo Law Review de•novo

Conversations about destructive policing, violence, and questionable law enforcement practices have been a focus in social media in recent years. However, housing status is often a neglected, yet important, protected category that should be considered in conversations about the impact race, class, socioeconomic status, and other factors have on policing. This Note argues that since the NYPD has found alternate, less invasive means of accomplishing their objectives, NYPD officers who operate in Police Service Areas located on NYCHA property, are in violation of New York City Administrative Code Section 14-151 for targeting NYCHA residents, based on housing status, and therefore …

Digital Purgatory And The Rights Of The Dead: Protecting Against Digital Disinterment In The Age Of Artificial Intelligence, Greyson Cohen

Cardozo Law Review de•novo

This Note will attempt to show that the existing patchwork of rights of publicity statutes and case law are inadequate to protect citizens from online harms in the age of synthetic media. Particularly, this Note will focus on postmortem right of publicity interests and protections because a robust market for the likenesses of deceased personalities exists and will likely grow in the age of synthetic media.

Part I will explain how synthetic media may contribute to an increase in the harms associated with rights of publicity violations, particularly after death. Part II will begin by outlining the legal landscape of …

Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson

Faculty Articles

The biggest bankruptcy case ever (as measured by unsecured claims against a debtor-in-possession) is In re Purdue Pharma, LLC. The bankruptcy court affirmed a plan discharging the Sackler family (equity owners and often officers of Purdue) of all “derivative” claims that belonged to the debtor-in-possession. The settlement was bought for a substantial sum payable over time by the Sacklers. A debtor-in-possession is the sole owner of a derivative claim and has the power to bind all the creditors to a settlement. Under the Bankruptcy Code, a plan discharging derivative claims is confirmable. In fact, as we will, show, a great …

Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw

Faculty Articles

Public law litigation is often politics by other means. Yet scholars and practitioners have failed to appreciate how public law litigation intersects with an important aspect of politics-electoral time. This Essay identifies three temporal dimensions of public law litigation. First, the electoral time of government litigants-measured by the fixed terms of state and federal executive officials-may affect their conduct in litigation, such as when they engage in midnight litigation in the run-up to and aftermath of their election. Second, the electoral time of state courts-measured by the fixed terms of state judges-creates openings for strategic behavior among litigants (both public …

Title Theft, Stewart E. Sterk

Faculty Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand.

Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title.

Recovery of title, however, involves costs and …

Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte

Faculty Articles

In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …