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Articles 1 - 30 of 55
Full-Text Articles in Law
Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang
Accessing Justice Ii: A Model For Providing Counsel To New York Immigrants In Removal Proceedings, Stacy Caplow, Peter L. Markowitz, Claudia Slovinsky, Jojo Annobil, Peter Cobb, Amy L. Kenepaske, Nancy Morawetz, Lindsay Nash, Raluca Oncioiu, Oren Root, Maribel Hernández Rivera, Jane Stern, Isaac Wheeler, Marianne Yang
Faculty Online Publications
The New York Immigrant Representation Study (“NYIR Study”) is a two-year project of the Study Group on Immigrant Representation to analyze and ameliorate the immigrant representation crisis—the acute shortage of qualified attorneys willing and able to represent indigent immigrants facing deportation. The crisis has reached epic proportions in New York and shows no signs of abating.
In its year-one report (issued in the fall of 2011), the NYIR Study analyzed the empirical evidence regarding the nature and scope of the immigrant representation crisis. In that report, we documented how many New Yorkers—27 percent of those not detained and 60 percent …
Killing Them With Kindness: Examining "Consumer-Friendly" Arbitration Clauses After At&T Mobility V. Concepcion, Myriam E. Gilles
Killing Them With Kindness: Examining "Consumer-Friendly" Arbitration Clauses After At&T Mobility V. Concepcion, Myriam E. Gilles
Faculty Articles
The article focuses on the U.S. Supreme Court case AT&T Mobility LLC v. Concepcion, in which California's "Discover Bank rule" was struck by the Court under the Federal Arbitration Act, which was upheld by the California Supreme Court in the court case Discover Bank v. Superior Court. It provides information that the rule is a judge-made rule which depicts that class action waivers are unforceable in arbitration agreements if such agreements are mentioned in standard form consumer contracts.
Exchanging Information Without Intellectual Property, Michael J. Burstein
Exchanging Information Without Intellectual Property, Michael J. Burstein
Faculty Articles
Contracting over information is notoriously difficult. Nearly fifty years ago, Kenneth Arrow articulated a “fundamental paradox” that arises when two parties try to exchange information. To complete such a transaction, the buyer of information must be able to place a value on the information. But once the seller discloses the information, the buyer can take it without paying. The conventional solution to this disclosure paradox is intellectual property. If the information is protected by a patent or a copyright then the seller can disclose the information free in the knowledge that the buyer can be enjoined against making, using, or …
Why The Rise Of Online Digital Media Stores Means Trouble For The Dmca, Sam Castree Iii
Why The Rise Of Online Digital Media Stores Means Trouble For The Dmca, Sam Castree Iii
Cardozo Arts & Entertainment Law Journal Blog
Online media distribution has become big business in recent years. For example, Apple sold 10 billion songs on its iTunes platform between April 2003 and February 2010, an average of 46 songs per second. So far in 2012, Amazon.com has sold 14% more e-books than traditional paper books. These and other online digital media stores allow individuals and companies big and small to distribute their creative works worldwide. However, the ease of copying electronic files also turns digital media stores into excellent opportunities for the unscrupulous to turn a quick, dirty payday. Numerous creators, typically lone individuals and small start-up …
Dr. Elena Cooper Presents Her Latest Article At Cardozo Law School: Copyright: A Nineteenth Century Publicity Right?, Elsa Mitsoglou
Dr. Elena Cooper Presents Her Latest Article At Cardozo Law School: Copyright: A Nineteenth Century Publicity Right?, Elsa Mitsoglou
Cardozo Arts & Entertainment Law Journal Blog
Dr. Elena Cooper has been the Orton Fellow in Intellectual Property Law at Trinity Hall, Cambridge since 2009. She is also a researcher at the Faculty of Law on the “Of Authorship and Originality” project, funded by Humanities in the European Research Area (HERA). Dr. Cooper received a law degree from the London School of Economics and a master’s degree in Intellectual Property Law from King’s College London. She also has a PhD from the University of Cambridge, where her studies focused on the relationship between art and law in the history of photographic copyright. Her PhD thesis was awarded …
The American Invents Act And Economic Growth: A Discussion With Bernard Knight, Adam Hirst
The American Invents Act And Economic Growth: A Discussion With Bernard Knight, Adam Hirst
Cardozo Arts & Entertainment Law Journal Blog
The Cardozo Intellectual Property Society hosted Mr. Bernard Knight, the current General Counsel of the US Patent and Trademark Office (USPTO), for a discussion of his role as the chief attorney for a large US government agency and recent, significant, changes to patent law, with particular emphasis on the America Invents Act (AIA).
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 18, 2012. The original post can be accessed via the Archived Link button above.
Grammy Foundation, The Entertainment Law Initiative (“Eli”), Breakfast With Eli, October 23, 2012, Al Roundtree
Grammy Foundation, The Entertainment Law Initiative (“Eli”), Breakfast With Eli, October 23, 2012, Al Roundtree
Cardozo Arts & Entertainment Law Journal Blog
“What a prosperous looking bunch of lawyers,” was keynote speaker Scott Borchetta’s opening remark to the assembled group of entertainment lawyers, music industry professionals, and law students at last month’s Breakfast with ELI.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 12, 2012. The original post can be accessed via the Archived Link button above.
Blogging Without Logging Ftc Lawsuits: A Panel Discussion, Marc Pellegrino
Blogging Without Logging Ftc Lawsuits: A Panel Discussion, Marc Pellegrino
Cardozo Arts & Entertainment Law Journal Blog
The line is increasingly blurred between what content is or is not endorsed by a particular entity online. Social marketing outlets like Facebook and Twitter allow bloggers, celebrities and companies to communicate with their audience more intimately and in turn, content is shared and disseminated seamlessly among Internet users. Cardozo School of Law’s Intellectual Property Law and Cyberlaw Societies brought a panel together last month to discuss the ways in which businesses that interact with the vast array of these social networking outlets can effectively comply with Federal Trade Commission (FTC) disclosure regulations in light of the increase in sponsored …
Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes
Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes
Faculty Articles
Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.
Copyright’S Merger Doctrine As A Solution To Conflicts Between Copyright Law And Freedom Of Speech, Russell Hasan
Copyright’S Merger Doctrine As A Solution To Conflicts Between Copyright Law And Freedom Of Speech, Russell Hasan
Cardozo Arts & Entertainment Law Journal Blog
Some academics have raised concerns that copyright law might be in conflict with First Amendment free speech law. Some scholars fear that copyright law might restrict the free flow of information in the marketplace of ideas. The typical answer to such concerns, embodied in the Supreme Court cases Harper & Row Publishers Inc. v. Nation Enterprises and Eldred v. Ashcroft, is that copyright law contains internal doctrinal mechanisms, namely the idea-expression dichotomy and fair use, which alleviate free speech concerns. Copyright law protects only expressions, not ideas or facts; so where free speech might encourage an idea or fact to …
Brief Of Benjamin N. Cardozo School Of Law Tax Clinic As Amicus Curiae In Support Of The Respondents, Carlton M. Smith
Brief Of Benjamin N. Cardozo School Of Law Tax Clinic As Amicus Curiae In Support Of The Respondents, Carlton M. Smith
Faculty Amicus Briefs
The Cardozo Tax Clinic represents, for free, low-income taxpayers with respect to their federal income tax matters – both before the Internal Revenue Service and in the federal courts. Occasionally, the Clinic’s assistance has been sought after those individuals, on their own, filed a document late – either with the IRS or the courts -- under a time deadline set out in the Internal Revenue Code or in a regulation promulgated thereunder. Usually, no extraordinary equitable reasons occurred that might excuse such late filing. See, e.g., Iljazi v. Commissioner, T.C. Summary Op. 2010-59 (client simply filed administrative claim for …
2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
2012 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life Magazine
Table of Contents:
Campus News, page 3
Working for New Jobs, page 16
Faculty Briefs, page 18
Teaching Law Now, page 23
Alumni News & Advancement, Class Notes, page 34
Practicing Law Now, page 37
Studying Law Now, page 48
The White House … The Supreme Court … Guantanamo Bay, page 70
Looking Back, page 72
The Right To Data Portability: Is This New Privacy Right Contrary To Antitrust Law?, Ryan Brewer
The Right To Data Portability: Is This New Privacy Right Contrary To Antitrust Law?, Ryan Brewer
Cardozo Arts & Entertainment Law Journal Blog
The Cardozo IP & Information Law Program kicked off its fall 2012 IP Speaker Series with a presentation by Professor Peter Swire. Professor Swire teaches at the Moritz College of Law at Ohio State University and is a national and global leader on privacy, cybersecurity, and related technology issues. In his third appearance at the Benjamin N. Cardozo School of Law, Professor Swire discussed his upcoming article: The Right to Data Portability: Is This New Privacy Right Contrary to Antitrust Law?
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 1, 2012. The …
Jarecki V. Ohoven: Medimmune As A Sword For Certain Copyright Owners, Paul G. Anderson
Jarecki V. Ohoven: Medimmune As A Sword For Certain Copyright Owners, Paul G. Anderson
Cardozo Arts & Entertainment Law Journal Blog
Copyright, compared to other forms of intellectual property, is acutely and uniquely attuned to the film and television industry. Somewhat distinctive of these industries are the numerous, low–threshold hurdles that can significantly interfere with a copyright owner’s commercial exploitation of their work in connection with a film or television production.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 1, 2012. The original post can be accessed via the Archived Link button above.
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky
Faculty Articles
This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …
A Change For The Better: Copyright Law No Longer Immune To Medimmune, Paul G. Anderson
A Change For The Better: Copyright Law No Longer Immune To Medimmune, Paul G. Anderson
Cardozo Arts & Entertainment Law Journal Blog
An action for declaratory judgment provides a party with the unique opportunity to obtain a preventative, binding ruling on “a case of actual controversy.” Crucially, if a declaratory judgment action does not involve an actual “case or controversy”, the matter will be summarily dismissed for a lack of subject matter jurisdiction.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 24, 2012. The original post can be accessed via the Archived Link button above.
Almaliach V. State, Edna Arbel, Zvi Zylbertal, Uzi Vogelman
Almaliach V. State, Edna Arbel, Zvi Zylbertal, Uzi Vogelman
Translated Opinions
Facts: The appellant was convicted of the crimes of carrying a weapon, intimidation, and possession of stolen property. The indictment charged that in the early morning hours of December 2, 2006, in the city of Ashdod, the appellant carried a stolen grenade into a building in which the Biton family resided, and then taped the grenade to a piece of cardboard which he then taped to the Biton family‘s front door, leaving a string tied to the grenade‘s safety mechanism. He ran away after a family member woke up and opened the door. The indictment was based on DNA evidence …
Fcc Affirms Decision, Rules In Favor Of Tennis Channel Against Comcast, Melissa Rachel Heller
Fcc Affirms Decision, Rules In Favor Of Tennis Channel Against Comcast, Melissa Rachel Heller
Cardozo Arts & Entertainment Law Journal Blog
Tennis Channel and Comcast have been engaged in a bitter dispute over the provider’s refusal to carry Tennis Channel since July 2010. Tennis Channel claimed that Comcast discriminated against the channel and gave preferential treatment to other sports networks, such as The Golf Channel and Versus. Tennis Channel argued that this impeded its ability to compete fairly in the video programming marketplace. In December 2011, an administrative judge ruled in favor of Tennis Channel and fined Comcast $375,000. Additionally, the judge ordered Comcast to give equal treatment to the channel. Comcast appealed the decision, which was subsequently affirmed by the …
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Revisiting "Special Needs" Theory Via Airport Searches, Alexander A. Reinert
Faculty Articles
Controversy has raged since the Transportation Security Administration (TSA) introduced Advanced Imaging Technology, capable of producing detailed images of travelers' bodies, and "enhanced" pat frisks as part of everyday airport travel. In the face of challenges in the courts and in public discourse, the TSA has justified the heightened security measures as a necessary means to prevent terrorist attacks. The purpose of this Essay is to situate the Fourth Amendment implications of the new regime within a broader historical context. Most germane, after the Federal Aviation Administration (FAA) introduced sweeping new screening of air travelers in the 1960s and 1970s …
Technology As A Driver Within Agencies - The Internet Change Everything, Michael Herz
Technology As A Driver Within Agencies - The Internet Change Everything, Michael Herz
Faculty Articles
No abstract provided.
Procedure In Eclipse: Group-Based Adjudication In A Post-Conception Era, Myriam E. Gilles
Procedure In Eclipse: Group-Based Adjudication In A Post-Conception Era, Myriam E. Gilles
Faculty Articles
No abstract provided.
2012 Commencement Exercises, Benjamin N. Cardozo School Of Law
2012 Commencement Exercises, Benjamin N. Cardozo School Of Law
Commencement
Order of Exercises
Processional:
Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald
Presiding:
Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal
Richard M. Joel, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller, Class of 2008
Invocation:
Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law
Welcome:
Leslie E. Payson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991
Remarks:
Matthew Diller, Dean, Benjamin N. Cardozo School of Law
Commencement Address:
Jonathan Lippman, Chief Judge of the New York Court of Appeals
Presentation of …
For Love Or Money? Legal Treatment Of Golddiggers, Stewart E. Sterk
For Love Or Money? Legal Treatment Of Golddiggers, Stewart E. Sterk
Faculty Online Publications
Under what circumstances should courts permit a donor to undo what appears to be a completed gift – particularly when the gift is embedded in a real or imagined romantic relationship? After surveying existing law, Ruth Sarah Lee concludes that traditional doctrine does not adequately deter donees from subtly misleading donors into making generous gifts that the donor would never make if the donee had been honest about his or her intentions. Although the article’s focus is on a subspecies of lifetime gifts, its conclusions suggest possible application to testamentary gifts, and to how courts might approach doctrines of undue …
Association For Civil Rights In Israel V. Israel Police, Dorit Beinisch, Asher Grunis, Miriam Naor, Esther Hayut, Hanan Melcer, Eliezer Rivlin, Edna Arbel
Association For Civil Rights In Israel V. Israel Police, Dorit Beinisch, Asher Grunis, Miriam Naor, Esther Hayut, Hanan Melcer, Eliezer Rivlin, Edna Arbel
Translated Opinions
This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]
Petitions concerning the constitutionality of some of the arrangements prescribed in the scope of the Criminal Procedure Act (Powers of Enforcement – Communications Data), 5768-2007, which came into effect on June 27, 2008 (hereinafter referred to as “the Communications Data Act” or “the Act”) and enables the Israeli investigatory authorities to obtain communications data from all the communications companies – the various cellular or …
Association For Civil Rights In Israel V. Knesset, Elyakim Rubinstein, Edna Arbel, Dorit Beinisch
Association For Civil Rights In Israel V. Knesset, Elyakim Rubinstein, Edna Arbel, Dorit Beinisch
Translated Opinions
The petition, filed in 1999, concerned the repeated renewal of the declaration of a national state of emergency under sec. 38 of Basic Law: The Government. The petition asked that the Court revoke the declaration of a national state of emergency.
The High Court of Justice (per Justice Rubinstein, President (Emerita) Beinisch and Justice Arbel concurring) dismissed the petition, holding:
Although the work is not finished, the petition has exhausted its purpose. The state authorities should be allowed to work toward completing the legislative processes that the Petitioner helped advance by means of its petition. While this was, indeed, a …
Do Religious Tax Exemptions Entangle In Violation Of The Establishment Clause? The Constitutionality Of The Parsonage Allowance Exclusion And The Religious Exemptions Of The Individual Health Care Mandate And The Fica And Self-Employment Taxes, Edward A. Zelinsky
Faculty Articles
In Freedom From Religion Foundation v. Geithner, the Freedom From Religion Foundation (FFRF) argues that Code Section 107 and the income tax exclusion that section grants to “minister[s] of the gospel” for parsonage allowances violate the Establishment Clause of the First Amendment. This case has important implications for a new federal law mandating that individuals maintain “minimum essential” health care coverage for themselves and their dependents. That mandate contains two religious exemptions. One of these exemptions incorporates a pre-existing religious exemption from the federal self-employment tax. These sectarian exemptions raise the same First Amendment issues as does the Code’s exclusion …
Rulemaking As Politics, Thirty Years On, Michael Herz
Rulemaking As Politics, Thirty Years On, Michael Herz
Faculty Articles
No abstract provided.
After Class: Aggregate Litigation In The Wake Of At&T Mobility V Concepcion, Myriam E. Gilles, Gary Friedman
After Class: Aggregate Litigation In The Wake Of At&T Mobility V Concepcion, Myriam E. Gilles, Gary Friedman
Faculty Articles
Class actions are on the ropes. Courts in recent years have ramped up the standards governing the certification of damages classes and created new standing requirements for consumer class actions. Most recently, in Wal-Mart v Dukes, the Supreme Court articulated a new and highly restrictive interpretation of the commonality requirement of Rule 23(a). But all of this pales in comparison to the Court's April 2011 decision in AT&T Mobility v Concepcion, broadly validating arbitration provisions containing class action waivers. The precise reach of Concepcion warrants close scrutiny. Our analysis suggests that following Concepcion, some plaintiffs will be able to successfully …
Release As Remedy For Excessive Punishment, Alexander A. Reinert
Release As Remedy For Excessive Punishment, Alexander A. Reinert
Faculty Articles
Although the Eighth Amendment’s prohibition on “cruel and unusual” punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a punishment that is either disproportionate or inconsistent with minimum standards of decency. In other words, the Eighth Amendment mandates that no punishment be imposed if the only other choice on the table is an unconstitutional punishment. Although this principle can be gleaned from the disparate strands of Eighth Amendment jurisprudence, its remedial consequence has not been fully implemented. In this Article, I propose that providing a remedy of release from …
The Photographer's Copyright - Photograph As Art, Photograph As Database, Justin Hughes
The Photographer's Copyright - Photograph As Art, Photograph As Database, Justin Hughes
Faculty Articles
No abstract provided.