Law Commons^™

Putin Skirts The Icc: The Invasion Of Ukraine And The Symbolic Power Of International Law, Corbin Gregg

CICLR Online

Much can be said about the role of international law in shaping the behavior of states and leaders. Often maligned, international organizations face criticism from those who wish to see them do more: punish human rights violations, sanction aggressive state actors, and prevent wars of aggression. While these are overall purported goals of international organizations, the way they attempt to effectuate change is sometimes unclear. Nowhere is this more true than the way the international organizations have reacted to the Russian invasion of Ukraine.

This post was originally published on the Cardozo International & Comparative Law Review on December 26, …

Cardozo Law News Brief: December 22, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Matthew Wansley
• Samuel Weinstein
• Alexander Reinert
• Michel Rosenfeld
• Pamela Foohey
• Rebecca Ingber
• Jacob Noti-Victor

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Cardozo Law News Brief: December 15, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Samuel Weinstein
• Matthew Wansley
• Jessica Roth
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

The Structure Of Secondary Copyright Liability, Felix T. Wu

Articles

Secondary copyright liability and secondary patent liability largely parallel each other. And yet, secondary copyright cases are often quite different from secondary patent cases. Whereas most secondary patent infringers act in a way that targets a particular patent or group of related patents, secondary copyright infringement mostly arises in the context of technologies or services that work across all copyrighted works. Secondary copyright liability raises issues of platform liability in ways that secondary patent liability usually does not.

The current structure and framing of secondary copyright liability inadequately account for this distinction. The result is that secondary copyright liability tends …

Cardozo Law News Brief: December 8, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Pamela Foohey
• Samuel Weinstein
• Alexander Reinert
• Luis Calderon Gomez
• Edward Zelinsky
• Rebecca Ingber
• Jocelyn Getgen Kestenbaum
• Saurabh Vishnubhakat

Events:

Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

My Body, My Data: California's Attempt To Protect Reproductive And Fertility Data, Yeniliz Peguero

ERSJ Blog

Following the Supreme Court’s decision in Dobbs that there is no constitutional right to an abortion, many became concerned about data collected by fertility and menstrual cycle apps. Specifically, users, privacy experts, and even legislators feared that data collected by these apps “could provide a deep well of evidence for states seeking to track and potentially arrest anyone seeking or receiving an abortion. Katharine Kemp’s analysis of twelve popular fertility apps within the United States and abroad revealed the unsafe data practices of some of these apps. These apps allow users to log information including when they had sex, if …

Testing The Boundaries Of Torture: Forced Circumcision As A Crime Against Humanity, Marina Coriale

CICLR Online

Female genital mutilation (FGM) has history that extends across countless cultures and regions, impacting women and girls around the world still searching for redress and reparations. Knowing this, the international community should understand the necessity of providing a space for FGM survivors in the International Criminal Court (ICC).

This post was originally published on the Cardozo International & Comparative Law Review on December 4, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: December 1, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Pamela Foohey
• Hillary Packer
• Gabor Rona

Campus News:

• Derrick Hamilton, Deputy Director of The Perlmutter Center for Legal Justice, Quoted in The New York Times on Ex-Detective Whose Overturned Murder Cases Have Cost New York Millions

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

A Broken System: How New York City Is Failing Transgender Inmates, Skylar Corby

ERSJ Blog

In June 2019, Layleen Polanco, a transgender woman awaiting trial at Rikers Island because she could not afford $500 bail, was found dead in her solitary confinement cell. After an investigation that took an extensive period of time and external pressure to complete, New York City’s Board of Correction found that Polanco died from an epileptic seizure, which corrections officers entirely missed due to their neglect and lack of properly timed monitoring checks. This prompted public outrage and a wave of protests surrounding not only Polanco’s death, but also the extreme levels of violence faced by trans women, especially those …

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

CJCR Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …

Are Compelled Arbitration Clauses In Coaches’ Contracts With The Nfl Effective And Fair To All Parties?, Andreas Kouzouloglou

CJCR Blog

Employment agreements between football coaches and the NFL grants the NFL commissioner “the full, and complete, and final jurisdiction and authority to arbitrate” various forms of disputes between the two parties. There is one case that is currently being litigated challenging the legality of this arbitration provision. In Flores v. NFL, the plaintiffs attack the clause for being overbroad and unconscionable. Arbitration agreements can be an effective way to settle disputes as an alternative to litigation, but sometimes when there is unequal bargaining power resulting in one entity in complete control of the process, the negative consequences outweigh potential benefits. …

A Comparative Analysis Of The Animal Protection Laws In The United States And Switzerland, Kelly Ziyu Xia

CICLR Online

In the words of Mahatma Gandhi, “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” This statement underlines the significance of how a society cares for those under its dominion, particularly those who are defenseless. Animal welfare laws vary widely across the globe, reflecting the diverse approaches taken by different countries to protect the interests of animals. While the United States has made commendable strides, the current legal framework for animal protection remains inadequate. Both Switzerland and the United States have federal laws that aim to protect animal welfare, but …

The Urgent Issue Of Suicide In Nyc Jails, Kathleen Leuty

ERSJ Blog

Half of the people currently detained in New York City jails have a mental health diagnosis. Since 2020, the number of incarcerated people with a serious mental illness in New York City jails has nearly doubled—from 672 to 1,207 people. The medical support offered to those in jail suffering from mental illness, however, has not seen corresponding growth. The number of medical appointments missed by those incarcerated in New York City is staggering: “the monthly number of missed medical visits has spiked by 21%, from 9,259 in August 2022 to 11,176 in June 2023, outpacing growth in the jail population.” …

Ups And Teamster: Setting A New Bar For Negotiations And Conflict Resolution, Angel Zheng

CJCR Blog

On July 25th, 2023, the International Brotherhood of Teamsters (“Teamster”) reached a tentative agreement with United Parcel Service (“UPS”), affecting more than 340,000 UPS workers. A month later, on August 22nd, 86% of the union members voted in favor of ratifying the National Master Agreement. The negotiated agreement not only prevented one of the largest strikes in U.S. history, but also raised the bar for all workers in the labor movement. This entire conflict demonstrates the importance of negotiations and dispute resolution because negotiation was able to help avoid a major strike and negotiate a favorable contract.

This post was …

Week Of November 20, 2023 - November 24, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

The Roe Repeal Behind Bars: Prison Pregnancies In A Post-Dobbs World, Hani Fish-Bieler

ERSJ Blog

165,000 women are estimated to be incarcerated in the United States. These are disproportionately women of color, as Black women are incarcerated at a rate two times higher than that of white women. Around 58,000 pregnant individuals are processed into jails, prisons, and other detention facilities in the United States every year. Approximately 6 to 10 percent of women are pregnant when they enter prison or jail, and about 1400 newborns are born to women in custody. This population has been and will continue to face the challenging effects of the Supreme Court’s 2022 repeal of Roe v. Wade in …

Does Speaker Johnson's Election Forewarn Federal Anti-Lgbt Legislation?, Gerald Dryden

ERSJ Blog

On October 25, 2023, fourth-term Representative of Louisiana Mike Johnson was elected Speaker of the House. Within three weeks, he laid the groundwork to avoid the feared projected partial government shut down. So why does Johnson consistently score a zero on the Human Rights Campaign’s Congressional Scorecard? The answer has long caused controversy: Speaker Johnson is ardently anti-LGBTQ+.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 17, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: November 17, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Samuel Weinstein
• Jessica Roth
• Alexander Reinert
• Jocelyn Getgen Kestenbaum
• Pamela Foohey
• Edward Zelinsky
• Michel Rosenfeld

Navigating The World Of Tiktok Influencers And Using Adr Methods To Negotiate Brand Deals And Contracts, Peri Ayzidor

CJCR Blog

Anyone using social media in the last three years has been exposed to or heard of TikTok. With over 1.4 billion monthly active users, the social media platform TikTok has taken the world by storm. It allows users to create videos lasting from 15 seconds to three minutes, covering thousands of categories, from makeup tutorials to tutoring explanations. The app has been a particular hit for influencers. An influencer is someone who has the power to impact the purchasing decisions of others because of a certain appeal or relationship with the audience. Many influencers have taken advantage of the app’s …

Applicants Beware: Chinese Trademark Fraud Is Rampant, And It Is Affecting U.S. Trademarks, Lily Barash

CICLR Online

If you are looking to file a trademark application with the United States Patent and Trademark Office (USPTO), you should raise your vigilance. When the COVID-19 pandemic sent people in the United States into emergency lockdown, brick and mortar businesses closed their doors and people started opening their minds. People found new, and more, ways to be creative and e-commerce began to boom. With budding ideas, creators and companies recognized the imperativeness of protecting their intellectual property. The USPTO announced that as of June 17, 2021, it had experienced an increase of roughly 63% in trademark applications filed over the …

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.

Out Of The Shadows: The Need For Increased Scrutiny Of Shadow Banking In China, Benson M. Clements

CICLR Online

Zhongrong International Trust Co., a Chinese investment trust with significant real estate exposure, has missed payments on dozens of corporate trust products since late July. Retail investors are left with frustration and panic as they fear they may have lost their life savings. Regulators are concerned they may have to further tame an already faltering economy. It may be time to question the free reign with which shadow banks have enjoyed for decades.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, 2023. The original post can be accessed via the Archived Link …

Djs, Ip, And Nfts, Oh My!: A Closer Look At The Changing Music Industry Landscape Of Today, Sara Casey

AELJ Blog

In generating over eleven million dollars and a lawsuit, the legal implications of American DJ, 3LAU’s, record-setting Non-Fungible Token (NFT) auction in 2021 have yet to be fully understood by the music industry. DJ 3LAU, or Justin Blau, is one of many artists convinced that NFTs are the catalyst to transforming the status quo of the industry’s business model. For Grammy-nominated DJ Steve Aoki, NFTs offer new expansive connections as Aoki communicates, and even collaborates with, fans through NFTs’ digital realms.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The …

Torts In Sports: Exploring The Boundaries Of Assumption Of Risk, Ben Gross

AELJ Blog

In the thrilling world of sports, we are accustomed to witnessing athletes push their bodies to the limits, seeking glory on the field, court, or rink. Alongside these incredible feats, however, come the inevitable injuries. Whether it’s a bone-jarring tackle, a slide into home base, or a body check in ice hockey, the risk of injury is part and parcel of competitive sports. Injuries can manifest in numerous forms and under diverse circumstances, spanning from physical environmental factors to those stemming from the actions of fellow participants. Yet, when is an injury just an unfortunate consequence of the game, and …

The Sports Betting Advertising Boom: Possible Regulations To Avoid The Bust, David Zack

AELJ Blog

Whether you watch sports or not, you’ve likely experienced a bombardment of sports gambling advertisements. Since the federal ban on sports betting was lifted, there has been a marketing blitz by the gambling industry in an attempt to capture new consumers in their emerging and rapidly growing industry. It has been estimated that the total ad spend for sports wagering in the United States will reach $2 billion in 2023, which is an 8% increase from the previous year.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The original post …

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

CJCR Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Week Of November 13, 2023 - November 17, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Cardozo Law News Brief: November 10, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Matthew Wansley
• Pamela Foohey
• Ellen Drucker-Albert
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• A Major Development to End Impunity for Mass Atrocities
• The FAME Center Presents: Thoughts on the Future: LLMs Staying in the United States

Writer V. Big Pharma: How John Green, Author And Youtuber, Fought The Evergreening Of A Drug Patent, Rachel Bier

CICLR Online

Tuberculosis (TB), an illness caused by the bacterium Mycobacterium tuberculosis, is the deadliest disease in human history. In the 1950s and 1960s, scientists developed several drugs that could treat TB. These developments meant that TB became a curable disease. However, TB remains a terrible epidemic in poor communities around the world. About 4,000 people die from TB every day, with over eighty percent of those deaths occurring in low- and middle-income countries.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2023. The original post can be accessed via the Archived Link button …

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

CJCR Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …