Law Commons^™

Cardozo Law News Brief: December 20, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• Kate Shaw
• Edward Zelinsky
• Felix Wu
• Jocelyn Getgen Kestenbaum
• Suzanne Stone

Events:

• Ethical Considerations for Corporate Lawyers in 2020

I Pity The Fool: Ori Herstein’S Defense Of The Klutz, Anthony J. Sebok

Online Publications

The sad story of Menlove, the defendant in the English case Vaughn v. Menlove is well known to all first-year torts students. Menlove was born, according to his lawyer, with the “misfortune of not possessing the highest order of intelligence,” and, as a result did something quite imprudent with flammable material that no person of average or typical intelligence (or judgment) would have done, resulting in a fire that damaged the plaintiff, his neighbor.

Week Of December 9, 2019 - December 13, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Law Review

Let Locked-Up People Vote: Prisoners Are Still Citizens And Should Be Able To Exert Their Civic Rights, Rachel Landy

Online Publications

The Constitution does not guarantee all citizens the right to vote. Rather, the right to vote is implied through a patchwork of amendments that restrict how voting rights may be limited. For example, the 15th Amendment reads “[t]he right of citizens of the United States to vote shall not be denied or abridged...on account of race, color, or previous condition of servitude.” Subsequent amendments added gender, failure to pay poll taxes, literacy, and age over 18 to the list of characteristics for which denying the right to vote may not be based.

Cardozo Law News Brief: December 6, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• David Rudenstine
• Samuel Weinstein
• Lindsay Nash
• Kate Shaw
• Suzanne Stone
• Michel Rosenfeld

Lunchtime Talk With Diana Kearney: Strategic Litigation Against The Administration’S Migration Policies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Event Invitations 2019

CLIHHR will host Diana Kearney for a lunchtime lecture on the Administration's migration policies. Strategic litigation efforts across the US and Mexico are combating policies that strip migrants of their human and refugee rights. We will survey cases protecting these rights, including challenges to the "remain in Mexico" policy, family separation, and expedited deportations without due process. In addition, we will examine how civil society groups are coordinating efforts throughout North and Central America to protect migrants.

Diana Kearney is a Legal and Shareholder Advocacy Advisor at Oxfam America, where she focuses on corporate accountability, land rights, refugee rights, and …

Week Of December 2, 2019 - December 6, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Law Review
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Innocence Project Clinic

Ferrari V. Plein: The Fast Against The Furious, Tatiana Baranova

AELJ Blog

Increased simplicity of sharing information and rapid dissemination of user-generated content in the digital era has introduced challenges and uncertainty around many aspects of intellectual property law. Just last year, the Federal Trade Commission (“FTC”) updated its guidelines outlining how influencers should disclose their connection to a brand to avoid deceptive advertising tactics.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 30, 2019. The original post can be accessed via the Archived Link button above.

Streaming Wars And Ace: Screen And Content Competitors But Friends Against Piracy And Copyright Infringement, Robert Sistoso

AELJ Blog

Apple TV+ launched on November 1, 2019 and features A-listers and creatives, such as Steve Carell, M. Night Shyamalan, Steven Spielberg, and J.J Abrams. Subsequently, Disney+ launched on November 12, 2019 and boasts an impressive library of nostalgia-invoking and ubiquitous content from Disney, Pixar, Marvel, Star Wars, and National Geographic. Remarkably, Disney+ surpassed 10 million subscribers on its launch day. NBCUniversal’s streaming service Peacock launches on April 2020 and HBO Max launches in May 2020. Not to be made irrelevant, Netflix struck deals for NBC’s Seinfeld and to distribute and develop Nickelodeon’s library.

This post was originally published on the …

Week Of November 25, 2019 - November 29, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Real Estate Law Association (RELA)

Cardozo Law News Brief: November 22, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Kyron Huigens
• Deborah Pearlstein
• Gabor Rona
• Stewart Sterk
• Richard Weisberg
• Christopher Buccafusco
• Suzanne Stone
• Lela Love
• Michel Rosenfeld
• Paul Gugliuzza

Campus News:

• Cardozo Ranked #22 in Hein Scholarship Rankings
• 10th Annual BALLSA Dinner Meets Fundraising Goal
• Intellectual Property Experts Discuss Modern Challenges in Music Law

Events:

• Lunchtime Conversation with Zeid Ra'ad Al Hussein, Former UN High Commissioner for Human Rights
• Lunchtime Talk with Diana Kearney: Strategic Litigation Against The Administration's Migration Policies

About Those Constitutional Norms, Mr. Attorney General, Deborah Pearlstein

Online Publications

Among the many jaw-dropping moments in Attorney General Bill Barr’s address to the Federalist Society last Friday was the assertion that he had been unable to glean from his “friends on the other side” any clear answer as to what constitutional norms President Donald Trump was really breaching.

My Coppa Runneth Over: Ccpa Adds To Children’S Online Privacy Protections, Katie Riley

AELJ Blog

The Federal Trade Commission (“FTC”) is currently accepting public comments on the Children’s Online Privacy Protection Act (“COPPA”) as part of their review process for a pending proactive legislative update. COPPA is not due for review until 2023 but because of the “rapid technological changes that impact the online children’s marketplace” the FTC believes it is imperative to reevaluate COPPA’s protections now. Although decades old, COPPA has increasingly made headlines, most recently as part of the FTC’s settlement with YouTube and their parent company, Google, for a $170 million fine—the largest COPPA fine ever levied—for alleged violations of the legislation. …

Players Gonna Play, Haters Gonna Hate…Or Will They?, Alexander Katz

AELJ Blog

On August 18, 2014 Taylor Swift released her single “Shake It Off.” This song debuted at number one on the US Billboard Hot 100 chart, was the number 13 song on the Billboard year end chart, and was certified 9 times platinum by the RIAA. This inescapable ear worm dominated the radio and earned Swift a People’s Choice award for “Favorite song” as well as three Grammy nominations for ‘Record of the Year’, ‘Song of the Year’, and ‘Best Pop Performance’.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 18, 2019. The …

Week Of November 18, 2019 - November 22, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo South Asian Law Students Association (SALSA)
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Indie Film Clinic
• Innocence Project Clinic
• Intellectual Property Law Society (IPLS)
• Public Interest Law Student Association (PILSA)
• Real Estate Law Association (RELA)
• The Recording Academy

Observations Of Professor Gabor Rona On The Pre-Trial Chamber's Conclusion That Events Beyond The Territory Of Afghanistan Lack Sufficient Nexus To The Armed Conflict There For Pruposes Of Application Of Rome Statute War Crimes, Gabor Rona

Amicus Briefs

Prof. Gabor Rona, Director of CLIHHR's Law and Armed Conflict Project, submitted an amicus brief to the International Criminal Court (ICC) in connection with the Prosecutor's request to commence an investigation into international crimes arising out of the situation in Afghanistan. A Pre-Trial Chamber (PTC) had rejected the Prosecutor's request to investigate CIA war crimes arising from secret detention and torture of detainees at "black sites" in Poland, a State Party to the ICC Treaty. The PTC held that those events lacked sufficient nexus to the armed conflict in Afghanistan. Rona argues to the Appellate Chamber that both the Geneva …

Cardozo Ip Law Society Submits Comment To The Uspto Regarding Ai Inventions, Cardozo Arts & Entertainment Law Journal

AELJ Blog

Students from Benjamin N. Cardozo School of Law’s Intellectual Property Law Society (IPLS) held a presentation on Artificial Intelligence (AI) Inventions and Patenting on October 28th for the purpose of collecting students’ thoughts on the regulation of AI inventions. Members of IPLS discussed AI inventions, shared examples of modern AI inventors and methods, and looked over the issues presented in the USPTO’s Request For Comment (RFC). The primary goal of the event was to write a comment that suggests policies that facilitate innovation, provide a practical standard, and prevent potential abuse. The following is the comment that was drafted by …

Lizzo “Truth Hurts” Co-Author Allegations, Justin Levy

AELJ Blog

Famous recording artist, Lizzo, filed a preemptive lawsuit on October 23rd, 2019 to disprove allegations that Justin and Jeramiah Raisen and Justin “Yves” Rothman deserve author credit for her song, “Truth Hurts.”Lizzo is seeking a declaratory judgment that the alleged authors have no interest in the copyright or right to share profits. The Raisens and Rothman claim that the lyric “I just took a DNA test, turns out I’m 100% that bitch”, which originated from a popular internet meme, was a part of an unreleased demo, which Lizzo recorded at the Raisen’s studio, and on the final track. Lizzo claims …

Week Of November 11, 2019 - November 15, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo Startup Society
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Louis D. Brandeis Center for …

The Anti-Fantasy Sport: Should Investing Directly In Athletes Be Legal?, Joshua Burton

AELJ Blog

Nowadays, sports fans are just a tweet or an Instagram comment from getting to communicate directly with their favorite athletes. As social media usage and athlete salaries have gone up, the barriers between fan and player have decreased, making it easier than ever for fans to truly feel connected to the players they watch in person or on TV. But, if Spencer Dinwiddie of the NBA’s Brooklyn Nets could have his way, fans could even buy a portion of his recent three-year, $34 million contract extension. When Dinwiddie announced his plans to sell Professional Athlete Investment Tokens (“PAInT” for short) …

Cardozo Law News Brief: November 8, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Paul Gugliuzza

Campus News:

• Professor Pamela Samuelson of Berkeley Law Headlines Distinguished Lecture in IP
• Heyman Center Hosts "Antitrust in the Modern Economy"

Events:

• The FAME Center Presents: One of Us
• International Comparative, Policy, and Ethics Law Review Fall Symposium
• The FAME Center and The Recording Academy™ Present-Entertainment Law Initiative®
• Invisible: Gay Women In Southern Music Test Screening and Panel
• 60 Years of Real Estate Wisdom Stephen Siegel in conversation with Professor Stewart Sterk
• The Fight Against Counterfeiting: Attorneys on the …

Abolish Ice . . . And Then What?, Peter L. Markowitz

Articles

In recent years, activists and then politicians began calling for the abolition of the United States’s interior immigration-enforcement agency: U.S. Immigration and Customs Enforcement (ICE). Many people have misinterpreted the call to “Abolish ICE” as merely a spontaneous rhetorical device used to express outrage at the current Administration’s brutal immigration policies. In fact, abolishing ICE is the natural extension of years of thoughtful organizing by a loose coalition of grassroots immigrant-rights groups. These organizations are serious, not only about their literal goal to eliminate the agency, but also about not replacing it with another dedicated agency of immigration police. Accordingly, …

Week Of November 4, 2019 - November 8, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Antitrust Society
• Cardozo Art Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Student Bar Association
• Cardozo Office of Diversity & Inclusion
• Cardozo OUTLaw
• Cardozo Students for Human Rights
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Women in Tech Law

Insta-Sham: When Influencers Fail To Disclose Sponsorships, Spencer Brachfeld

AELJ Blog

First, a caveat: I do not exactly have an Instagram. It is true that I am in possession of a blank account that I infrequently use to keep tabs on a whopping 28 followers, but I nevertheless often “like” a picture by double-tapping it, when my intention is to use the “zoom” function. Evidently, it is safe to say that I have not ingratiated myself within the everyday happenings of Instagram influencer-fare – and yet, even I am aware of how lucrative the Instagram influencer economy is. In 2018, over 3.7 million sponsored posts were made on Instagram, and that …

Cardozo Law News Brief: November 1, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Deborah Pearlstein
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Paul Gugliuzza
• Ngozi Okidegbe

Campus News:

• Floersheimer Center Event Celebrates Professor Stanley Fish and Free Speech
• ACS Hosts "Rigged" Screening and Panel

Events:

• Distinguished Lecture in IP
• Antitrust in the Modern Economy
• The FAME Center Presents: One of Us
• International Comparative Policy and Ethics Law Review Fall Symposium
• 60 Years of Real Estate Wisdom Stephen Siegel in conversation with Professor Stewart Sterk

The Lawyer As Accomplice: Cannabis, Uber, Airbnb, And The Ethics Of Advising “Disruptive” Businesses, Charles M. Yablon

Articles

This Article examines the legal and ethical problems of corporate lawyers who advise businesses that operate just beyond the edge of legality. These include manufacturers and sellers of cannabis products (a felony under federal law, even if ostensibly permitted by state statutes) as well as a substantial number of startup companies, like Uber and Airbnb, whose “disruptive” business models involve deliberately violating local laws and ordinances, many of which carry criminal penalties. Under the current Model Rules of Professional Conduct, a lawyer “shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is …

Week Of October 28, 2019 - November 1, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo American Constitution Society (ACS)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Federalist Society
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo Law Student Bar Association
• 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
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Public Interest Law Advocacy Week (P*LAW)

Open Source’S New Hard Problem: Calls For Standard Licenses For Open Source Hardware, Ivan Wang

AELJ Blog

The term “Open Source” is often associated with the vibrant tech community of developers and entrepreneurs. Thanks to the popularity and the media coverage of software tech startup companies, the public usually treats “Open Source” synonymously with “Open Source Software.” Despite its apparent defiance to many aspects of intellectual property law, Open Source Software is practically a specific application of intellectual property law that it “allows recipients to use the software without restriction, examine the source code, change the software, and make further distributions of the original or modified software to other recipients.”More importantly, it also mandates that any recipients …

Maine Law Requires Cable Providers Offer An À La Carte Option For Television Channels, Amanda Guzman

AELJ Blog

This past February, Maine passed a new law in an attempt to require cable providers to allow customers to purchase cable channels à la carte. This law came after Maine Representative Jeffery Evangelos talked with Maine residents during his campaign. Representative Evangelos learned that many people were no longer able to afford cable television packages. The biggest complaint from those that he spoke with was that they could no longer afford to watch Boston Red Sox games as the cable packages that provided the channel that aired the games were just too expensive.

This post was originally published on the …

Cardozo Law News Brief: October 25, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Stanley Fish
• Ekow N. Yankah
• Jessica Roth
• David Rudenstine
• Christopher Buccafusco
• Kate Shaw
• Kyron Huigens
• Edward Zelinsky
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld

Campus News:

• Victor Wang '15 Joins Cardozo as new Director of Cardozo/Google Project for Patent Diversity
• Designer Steve Madden Visits Cardozo to Talk IP, Fashion and Careers
• Burns Center Panel Focuses on Legal Ethics in the #MeToo Era

Events:

• Hate Speech, Fake News, and Post-Truth in the Age of Trump: A Celebration of Professor Stanley Fish's New Book
• Violence and Impunity in the Amazon
• Rigged: The Voter Suppression Playbook Screening and …