Law Commons^™

Week Of October 21, 2019 - October 25, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Federalist Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Jewish Law Students Association (JLSA)
• Public Interest Law Advocacy Week (P*LAW)
• Reservists on Duty

Week Of October 14, 2019 - October 18, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo OUTLaw
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Innocence Project
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• Reed Justice Initiative
• Reservists on Duty

Cardozo Law News Brief: October 11, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Kate Shaw
• Stewart Sterk
• Gabor Rona
• Jocelyn Getgen Kestenbaum
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld
• Barry Koch

Campus News:

• Kukin Program Students Win Writing Competitions
• Bet Tzedek Clinic Students Hold Advanced Directives Pop-up Clinic
• Cardozo's LL.M. Program Featured in LL.M. Guide

Events:

• IP Law in Media - Q + A
• An Evening with Steve Madden
• Client Selection and #MeToo: Questions Raised by the Sullivan Controversy
• ISG 2019 Lemkin Award and Lecture
• Cardozo Journal of Conflict Resolution: Jed D. Melnick Annual Symposium
• Hate Speech, Fake News, and Post-Truth in the Age of Trump: …

Week Of October 7, 2019 - October 11, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Law Student Bar Association
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Cardozo Sports Law Society (CSLS)
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Heyman Center on Corporate Law and Governance
• Innocence Project
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• Reed Justice …

Mercedes-Benz’S Use Of Detroit Artists’ Murals Leads To Lawsuit, Emily Tannenbaum

AELJ Blog

In January 2018, luxury car brand Mercedes-Benz (“Mercedes”) posted on Instagram, for promotional purposes, images of the Mercedes G 500. These photos were taken in Detroit, Michigan, in front of recently beautified murals. The three murals featured in the Mercedes ads were created by artists Daniel Bombardier, James “Dabls” Lewis, Jeff Soto, and Maxx Gramajo (“the Mural Artists”). A little more than a year after Mercedes posted the photos, the attorney for the artists, Jeff Gluck, reached out to Mercedes to discuss Mercedes’s unlicensed use of the murals. Proceeding this action, Mercedes deleted the photos and subsequently filed declaratory judgement …

The Dangers Of Legalized Sports Betting And Fantasy Sports, Benjamin Schonbrun

AELJ Blog

Many states across the country have either allowed or are drafting legislation to allow for legal sports betting. Under the Professional and Amateur Sports Protection Act (PASPA) of 1992, sports gambling was prohibited under federal law. On May 14, 2018, the Supreme Court struck down PASPA as illegally commandeering the states, paving the way for states to legalize sports betting.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 6, 2019. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: October 4, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Alexander A. Reinert
• Jessica Roth
• Christopher Buccafusco
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld

Campus News:

• Faculty Panel Leads SCOTUS Term Preview Event

2019 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Top News & Events, page 3

Clinics News, page 13

Faculty with Impact, page 16

Q&A with Dean Melanie Leslie, page 21

Cardozo Women: A Legacy of Leadership, page 22

Cardozo Kicks Off 'Women's Votes, Women's Voices: 19 at 100'- A Year Long Speaker Series, page 38

Professor Recognized for His Advocacy on Behalf of Holocaust Victims in France, page 40

Justice Stevens' Interview with Professor Kate Shaw, page 44

Human Rights Clinic Director Pushes for Gender Equality, page 48

Student News, page 50

Movers & Shakers, page 54

Alumni News & Class Notes, page 56

End …

Mere Conduit, David G. Carlson

Articles

"Mere conduit" is a legal fiction in fraudulent transfer and other avoidance cases. This article argues that the legal fiction is misleading, unnecessary and rendered obsolete by the Supreme Court's recent opinion in Merit Management Group v. FTI Consulting, Inc. (2018). The article further contends that a huge majority of leading cases confound fraudulent transfer law with the law of corporate theft. This error leads to depriving financial intermediaries of their opportunity to avoid liability on the ground of being bona fide transferees for value. Finally, courts often mistake banks as initial transferees of fraudulent transfers (absolutely liable in spite …

Week Of September 30, 2019 - October 4, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Criminal Law Society (CCLS)
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Moot Court Honor Society
• Cardozo Startup Society
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Intellectual Property Law Society (IPLS)
• Latin American Law Student Association (LALSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Real Estate Law Association (RELA)

Cardozo Law News Brief: September 27, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Christopher Buccafusco
• Jocelyn Getgen Kestenbaum
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld

Campus News:

• Indie Film Clinic Project Wins Emmy: Kai Shappley: A Trans Little Girl Growing Up in Texas, Wins for Best Documentary Short
• Marc Mukasey '93 is Guest Speaker at "President Trump and the Constitutional Order"
• Floersheimer Center Recognized in AALS News

Events:

• First Monday SCOTUS Preview
• CJERSJ Symposium: Critical Developments in NY Housing Policy
• Sports Law Roundtable
• An Evening with Steve Madden

Week Of September 23, 2019 - September 27, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Democrats
• Cardozo Entertainment Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Law Society
• Cardozo Moot Court Honor Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Courtroom Advocates Project
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Philosophy and Law Society (PALS)
• Public Interest Law Student …

Dear Governor Gavin Newsom: Don’T Drop The Ball! Sign Sb-206!, Caroline Garlick

AELJ Blog

On August 11, 2019, California’s state assembly unanimously passed SB-206, a bill that will allow student athletes to receive compensation during their time as a collegiate athlete. If signed or overlooked by California Governor Gavin Newsom within thirty days, SB-206 will allow, starting on January 1, 2023, “. . . student athletes at public and private postsecondary institutions, except for community colleges, to earn compensation for the use of their own name, image or likeness.” The bill does not require universities to compensate or employ student athletes, but rather allows student athletes to obtain professional representation and earn income through …

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

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Samuel Weinstein

Campus News:

• Blockchain Conference Emphasizes Enforcement Policies
• Giving Day Raised More than $80,000
• Four Cardozo Students Take Part in Historical Jewish Moot Court

Events:

• CJERSJ Symposium: Critical Developments in NY Housing Policy
• Sports Law Roundtable
• An Evening with Steve Madden

Week Of September 16, 2019 - September 20, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Antitrust Society
• Cardozo American Constitution Society (ACS)
• Cardozo Blockchain Project
• Cardozo Business Law Society
• Cardozo Entertainment Law Society
• Cardozo Fashion Law Society
• Cardozo Institutional Advancement
• Cardozo Intellectual Property and Information Law Program
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Suspension Representation Project

Cardozo Law News Brief: September 13, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Michelle Adams
• David Rudenstine
• Kate Levine
• Alexander A. Reinert
• Gabor Rona

Campus News:

• Cardozo Law Named to Billboard's List of Top Music Law Schools
• Giving Day is Approaching

Events:

• A Book Talk with Professor Burt Neuborne of NYU Law
• Second Annual Blockchain and the Law Conference
• IP Issues in Liquor and Cannabis

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

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Blockchain Project
• Cardozo Fashion Law Society
• Cardozo Institutional Advancement
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Intellectual Property Law Society (IPLS)
• Women in Tech Law

Week Of September 2, 2019 - September 6, 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 Office of Special Events
• Chabad at Cardozo
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)

Week Of August 26, 2019 - August 30, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Cardozo Office of Special Events

Universal Representation: Systemic Benefits And The Path Ahead, Lindsay Nash

Articles

At a time when politics, financial considerations, and a push for expediency put pressure on the US immigration system, it can be difficult to have faith in the adjudicatory process. Case resolution quotas, directives that constrain courts’ ability to render justice in individual cases, and executive decisions that contract immigration judges’ discretion contribute to an immigration system that looks less and less like judicial adjudication of some of the highest-stakes cases in our legal system and more like a ministerial claims-processing scheme. A ray of hope exists, however, in the proliferation of public defender–style systems that offer universal representation to …

Brief Of Douglas Laycock, James E. Pfander, Alexander A. Reinert And Joanna C. Schwartz As Amici Curiae In Support Of Petitioners, Alexander A. Reinert

Amicus Briefs

Amici are legal scholars whose focus includes remedies, federal courts, the separation of powers, and constitutional law. They have a strong professional interest in the proper development of the law, which includes accounting for the best available empirical evidence and structural legal principles bearing on the questions here at issue.

Amici are Douglas Laycock, Robert E. Scott, Distinguished Professor of Law at the University of Virginia School of Law; James E. Pfander, Owen L. Coon Professor of Law at the Pritzker School of Law at Northwestern University; Alexander A. Reinert, Max Freund Professor of Litigation and Advocacy at the Benjamin …

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

Cardozo Law News Brief 2019

Featured Faculty:

• Christopher Buccafusco
• Jessica Roth
• Felix Wu
• Barry Scheck
• Samuel Weinstein
• Deborah Pearlstein

Campus News:

• Michael Wildes Talks About ICE raids on CNN
• Two Cardozo Alums Comment on Immigrants' Rights in Vice

Events:

• LLM Orientation
• JD 1L Orientation
• First Day of 1L Classes
• First Day of Upper-Level Classes

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

Cardozo Law News Brief 2019

Featured Faculty:

• Kate Shaw
• Deborah Pearlstein
• Michelle Adams
• Lindsay Nash
• Michael Herz
• Kyron Huigens
• Alexander A. Reinert
• Jessica Roth
• Samuel Weinstein

Gandhis Of The Deep State, Michael E. Herz

Online Publications

It is a truism that agency organizational charts are at least in part aspirational or idealized. The political appointees at the top lack perfect control over the career employees beneath them in the hierarchy. When all are rowing in the same direction, such agency costs matter little and may go unnoticed. But suppose they are not. What if they barely perceive themselves as in the same boat?

An Empirical Investigation Of Third Party Consumer Litigant Funding, Ronen Avraham, Anthony J. Sebok

Articles

This is the first large-scale empirical study of consumer third-party litigation funding in the United States. Despite being part of the American legal system for more than two decades there has been almost no real data-driven empirical study to date. We analyzed funding requests from American consumers in over 100,000 cases over a twelve year period. This proprietary data set was provided to us by one of the largest consumer litigation funder in the United States.

Our results are striking and important. We find that the funder plays an important role in the American legal system by screening cases. Our …

Cardozo Law News Brief: July 11, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Jessica Roth
• Alexander A. Reinert
• Myriam Gilles
• Barbara Kolsun
• Edward Zelinsky

Campus News:

• Class of '19 Graduates Elected to Order of the Coif

Rediscovering The Issue Class In Mass Tort Mdls, Myriam E. Gilles, Gary Friedman

Articles

For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses of tort actions sent their way by the JPML. Even the badges and incidents of class practice, in the form of common-fund-based approaches to attorney compensation and lead-counsel structures for case organization, have come under attack from commentators who insist that mass-tort MDLs should not be treated as “quasi-class actions,” and that Rule 23 does not present a “grab bag” from which MDL judges may pick and choose the most convenient implements. Leading lights of the complex litigation …

Symposium: In “Gundy Ii,” Auer Survives By A Vote Of 4.6 To 4.4, Michael Herz

Online Publications

Under the “Auer doctrine,” named for the 1997 decision Auer v. Robbins, courts accept an agency’s interpretation of its own ambiguous regulation unless that interpretation is clearly erroneous, or flatly inconsistent with the text of the regulation, or unreasonable, or something like that. Auer is a principle of long standing. Just how long is one of the sources of disagreement in Kisor v. Wilkie, but however you count, it is a doctrine universally understood as well-settled until relatively recently. But a revolt has been brewing.

Cardozo Law News Brief: June 27, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Stewart Sterk
• Kate Levine
• Kathryn Miller
• Ekow N. Yankah
• Kate Shaw

Campus News:

• Cardozo Premieres "Unboxing the Law" on YouTube
• Wildes Family Interviewed on Gurvey's Law

Events:

• Lenape Center Land Acknowledgment Workshop sponsored by CLIHHR and the Lenape Center

3 Day Commercial Arbitration Training For Arbitrators And Counsel: Comprehensive Training For The Conducting Of Commercial Arbitrations Pursuant To Contemporary Best Practices, Kukin Program For Conflict Resolution, New York State Bar Association Dispute Resolution Section

Event Invitations 2019

No abstract provided.