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The Market Value Of Partisan Balance, Brian D. Feinstein, Daniel J. Hemel

Northwestern University Law Review

For the past century, Delaware’s constitution has provided that no more than a bare majority of judges on the state’s courts may hail from the same political party. Some scholars and jurists theorize that Delaware’s commitment to a politically balanced judiciary increases the state’s attractiveness to out-of-state corporations and adds value to Delaware-chartered firms. These claims echo a larger literature in law and the social sciences positing that ideological diversity improves decisional quality. Recently, a series of federal court decisions in the case of Adams v. Carney put these claims to the test. In December 2017, a federal district court …

Constraining The Executive Branch: Delegation, Agency Independence, And Congressional Design Of Judicial Review, Jennifer L. Selin, Pamela J. Clouser Mccann

Northwestern University Law Review

While scholarship examining the relationship between Congress, federal agencies, and the judiciary reveals variation in the statutory details that affects administrative and judicial decision-making, few studies explore the extent to which congressional delegation decisions balance both the substantive and procedural independence of agencies against the possibility of the federal judiciary’s review of administrative action.

This Article enhances scholarly understanding of delegation by providing a qualitative, theoretical, and empirical account of the circumstances under which Congress manipulates federal agency exposure to the federal judiciary. Ironically, combined with statutory provisions dictating agency independence, increasing an agency’s exposure to unelected federal judges can …

State Of The Grid: Cybersecurity Best Practices For The Utility Industry, Corban Garcia

SACAD: Scholarly Activities

Developing a strong cybersecurity posture is essential for protecting critical infrastructure, especially in the utility industry. This study analyzes a multi-layered cybersecurity approach that integrates risk management, technology, governance, and workforce training. Based on an examination of industry literature, six key steps were identified. These include assessing security posture, developing policies, implementing security controls, employee training, incident response planning, and regular audits. Each step plays a vital role in mitigating cyber threats and ensuring operational resilience. A comparative analysis of cybersecurity frameworks and real-world incidents highlights the necessity of proactive security strategies. Without these foundational steps, organizations face greater risks …

A Perfect Storm: Executive Orders And Tax Law, Reuven S. Avi-Yonah, J.J. Wang

Law & Economics Working Papers

Since it came into office, the Trump administration has issued a series of executive orders that affect many areas of the government. One such area is taxation. In two orders issued on his first day in office President Trump rejected the participation of the United States in the Organization for Economic Cooperation and Development (OECD)`s global minimum corporate tax project and threatened to impose tax countermeasures on countries that adopt "extraterritorial or discriminatory" taxes. Two days later, the Republican members of the House Ways and Means Committee introduced legislation to the same effect. A month later, the president issued another …

Cardozo Law News Brief: March 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the March 7, 2025 Cardozo Law News Brief include:

• Scientist Zafra M. Lerman received the International Advocate for Peace Award at Cardozo and spoke on science education as a human right.

• Professor Jessica Roth was quoted in The New York Times on internal tensions at the Justice Department.

• Professor Matt Wansley spoke to The Washington Post about Tesla’s self-driving taxi plans.

• Professor Andrea Schneider commented in Business Insider on U.S.-Ukraine Oval Office negotiations.

• Professor Peter Markowitz discussed immigration enforcement in Newsweek and The Boston Globe.

• Faculty updates include:

  • Professor Barbara Kolsun’s book The Business and Law of …

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Un©Ertainty And Dis©Omfort, Richard Chused

Northwestern Journal of Technology and Intellectual Property

This essay explores creative works that produce powerful reactions of discernment, hostility, or deep uncertainty from mysterious forms of “blankness.” They all use silence or similarly ineffable qualities to challenge the thoughtfulness and tolerance of audience members. They force us to understand that creativity sometimes manifests itself in strange and bizarre ways that test not only our viewing tolerance, but also our traditional notions of creativity and of intellectual property boundary lines. It is like forcing fully sensory-enabled people to think about creativity in ways that may mimic a small fragment of the daily experience of those with limited sight …

Scientist Zafra M. Lerman Accepts International Advocate For Peace Award At Cardozo, Cardozo Journal Of Conflict Resolution

Cardozo Law News Archive

On March 6, 2025, scientist and humanitarian Zafra M. Lerman received the 24th Annual International Advocate for Peace Award from the Cardozo Journal of Conflict Resolution for her groundbreaking work in science diplomacy and human rights advocacy.

The Fame Center And Fashion Law Society Invite You To Staying Stateside: International Students In The U.S., Cardozo Fame Center, Fashion Law Society, Barbara Kolsun, Anna Radke, Simone Morabito

2025 Event Invitations

If you are a current international LL.M. seeking to establish yourself in the United States, we invite you to join Professor Barbara Kolsun, Director of the FAME Center, as she welcomes back two recent Cardozo graduates to share their journeys of securing employment.

• Anna Radke '17, Partner, Brand Counsel, P.C., IP and Business Attorney

• Simone Morabito '19, Associate at Fragomen, Del Rey, Bernsen & Loewy LLP

Quo Vadis, Fair Use? The Future Of Fair Use After The Warhol Decision, Vicenç Feliú, Josh Lida

Northwestern Journal of Technology and Intellectual Property

This article critically examines the recent Supreme Court decision in Warhol v. Goldsmith and its impact on fair use within the realm of visual art. The paper traces the historical development of fair use from its inception in Folsom v. Marsh in 1841 to its formal integration into the Copyright Act of 1976 and subsequent evolution through landmark Supreme Court rulings.

The article focuses on the Court’s scrutiny of the first factor of the fair use doctrine in Warhol v. Goldsmith, particularly the emphasis on commercial intent in determining fair use. It argues that the Court’s elevation of commercial …

A Supreme Sidestep: The Justices’ Artful Dodge On Platform Immunity, Leslie Garfield Tenzer

Northwestern Journal of Technology and Intellectual Property

The foiled ISIS plot to attack Taylor Swift concerts, coordinated by teens on social media platforms with a significant US presence, illustrates the dangerous consequences of unchecked online content. This incident, coupled with other tragic cases—such as the sexual exploitation of a minor lured through Facebook and Tyler Clementi’s suicide following a privacy violation on Twitter—highlights the urgent need to reassess 47 U.S.C. § 230 of the Communications Decency Act. Enacted in 1996, this law provides broad immunity to interactive computer services, including social media platforms, shielding them from liability for user-generated content. While initially celebrated as a catalyst for …

Law School News: Acclaimed Environmental Lawyer And Graphic Memoirist Eddie Ahn To Visit Rwu Law 3-7-2025, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Cardozo Journal Of Equal Rights & Social Justice 2025 Symposium, Cardozo Journal Of Equal Rights And Social Justice

2025 Event Invitations

This symposium will focus on the contrasting judicial opinions of Justices Barrett and Justice Jackson. We have planned three panel discussions covering key topics before the Court, including gun rights and presidential immunity. For the gun rights panel, we will focus on New York Pistol Association v. Bruen and Rahimi v. United States. The presidential immunity panel will discuss Trump v. United States. Lastly, we plan to have an additional panel dedicated to exploring the judicial ideologies of Justice Jackson and Justice Barrett, specifically examining how their theories of constitutional interpretation diverge from other justices.

Reply Brief For Plaintiff-Appellant, Jane Roe V. Marshall University Board Of Governors, Ryan M. Donovan, J. Zak Ritchie, Madeline H. Meth, Gregory Bowe, Erin Hunter, Sarah Monahan

Faculty Scholarship

Marshall does not dispute that Jane Roe’s experience as a student there was marred by fellow-student John Doe’s repeated sexual harassment. Doe’s harassment of Roe escalated on September 3, 2022, when he sexually assaulted her at a Marshall-football-watch party near campus. Instead of supporting Roe to confront the assault’s aftermath or the lingering on campus hostile environment, Marshall punished her, pretextually shuffling her through an investigation riddled with procedural deficits, in an attempt to cover its tracks.

Marshall argues it isn’t liable because it lacks control over all off-campus sexual assaults. But it undermines itself by admitting it exercised control …

Petition For Initial Hearing En Banc, United States V. Michael Norwood, Becca Steinberg, Brian Wolfman, Regina Wong, Madeline H. Meth, Sara Brizio, Elizabeth Brownstein, Shreya Sarin

Faculty Scholarship

This appeal involves a question of exceptional importance because it implicates binding circuit precedent that directly conflicts with the United States Sentencing Commission’s exercise of statutorily delegated authority. Congress expressly charged the Commission with promulgating policy statements and guidelines establishing, among other things, a framework governing compassionate release of federal prisoners. 28 U.S.C. § 994(a), (t). So, when Congress provided that district courts could consider a sentence reduction if warranted by “extraordinary and compelling reasons,” 18 U.S.C. § 3582(c)(1)(A), Congress did not define that phrase. Instead, it directed the Commission to do so. 28 U.S.C. § 994(t).

The Commission did …

Reclaiming Abortion As A Moral—And Religious—Decision, Linda C. Mcclain

Faculty Scholarship

Elizabeth Sepper, Free Exercise of Abortion, 49 BYU L. Rev. 177 (2023).

In 1973, before the Supreme Court decided Roe v. Wade, two members of a group of clergy committed to helping women receive abortion care stated: “every woman must possess the freedom, guaranteed by the U.S. Constitution, to follow her religious conscience in the determination of whether she will or will not bear a child.”1 Religious supporters of abortion access also cited the Establishment Clause: states were adopting, in a religiously diverse nation, a religious view about when life begins and how to value fetal and maternal life. …

Analisis Kritis Celah Regulasi Investasi Bodong Sebagai Peningkatan Tata Kelola Bisnis Terkait Investasi, Agustin Dea Prameswari

Jurnal Administrasi Bisnis Terapan

The phenomenon of fraudulent investment schemes in Indonesia continues to pose a significant threat to economic stability and business governance. This study aims to evaluate the effectiveness of existing regulations in preventing fraudulent investments, identify regulatory gaps exploited by perpetrators, and propose strategies to strengthen regulations and improve business governance. A qualitative approach was employed using document analysis, encompassing previous studies, prominent fraudulent investment cases such as MeMiles, Binomo, Fahrenheit, and Robot Trading Net89, as well as relevant regulatory frameworks. The findings reveal that existing regulations, such as Law No. 8 of 1995 on Capital Markets and Law No. 11 …

Mapping State Reactions To The Icc Arrest Warrants For Netanyahu And Gallant, Rebecca Ingber

Online Publications

On Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does …

Entrepreneurship And Community Business Clinic Making An Impact In California, Entrepreneurship And Community Business Clinic

Cardozo Law News Archive

In February 2025, Cardozo Law’s Entrepreneurship and Community Business Clinic visited California, where students led workshops, met with Judge Ana de Alba, and provided legal support to local entrepreneurs.

"I Was Young And Dumb": Why Age Should Be Considered In The Military Discharge Upgrade Process, Ashlyn Anderson-Keelin

Texas A&M Law Review

Approximately 40% of the United States military is no older than 25. Despite the robust and continued prevalence of young people serving in the Army, Navy, Air Force, Marines, Coast Guard, and Space Force, no special consideration is explicitly given to a servicemember’s age when considering upgrades for those discharged under less-than-honorable conditions. These young people volunteer to risk their lives, expecting to be honorably discharged and eligible to receive the benefits promised to them during recruitment and enlistment; however, many instead find themselves with a less-than-honorable discharge, thereby barred from the benefits that motivated them to join in the …

Discrimination, Private Liberty, And Public Accommodations Law, Jacob Eisler

Texas A&M Law Review

In 303 Creative LLC v. Elenis, a fiercely divided Supreme Court opined that commercial vendors enjoy First Amendment protections to decline to serve customers, even where such a choice is prohibited by state public accommodations regimes. In identifying a clash between personal liberty and state instruction, the decision could radically reshape the public accommodations statutory regime, which prevents discrimination against customers from minority and vulnerable groups. Standard constitutional interpretation cannot explain 303 Creative, and existing doctrinal and scholarly frameworks will struggle to integrate the decision into the already convoluted narrative of public accommodation law.

This Article is the …

Accidental Brady Violations, Adam M. Gershowitz

Texas A&M Law Review

Prosecutors are often seen as the villains of the criminal justice system. And the most villainous thing a prosecutor can do is to commit an intentional Brady violation by withholding favorable and material evidence from the defense. Not surprisingly, there is a wide literature criticizing prosecutors for flagrant misconduct.

But not all Brady violations are intentional. Prosecutors sometimes—perhaps often—commit accidental Brady violations by inadvertently failing to recognize favorable evidence. Because many prosecutors are inexperienced, overworked, and under-trained, they do not recognize exculpatory or impeachment evidence when it is in their files. Additionally, prosecutors also fail to disclose evidence that is …

Get In The Flow: Policy Changes That Can Increase Texas's Surface Water Transfers, Amy Hardberger

Texas A&M Law Review

The prior appropriation or “first in time” system of surface water allocation was initially adopted during the California Gold Rush and later implemented throughout the western U.S. to distribute water rights. Those same states are now experiencing massive population increases, often with over-appropriated rivers exacerbated by climate change. Although water is scarcer, it is often not put to its highest value or most efficient use because prior appropriation protects inefficient and wasteful uses.

Because water rights are property rights, one way to move water to new users is through water market transfers; unfortunately, prior appropriation rules create high transaction costs, …

Keep The Home Fires Burning: The Enduring Embers Of Pennsylvania Fire, Jack B. Harrison

Texas A&M Law Review

Prior to the Supreme Court’s decision in Ford Motor Co. in 2021, what characterized the Court’s personal jurisdiction jurisprudence was a desire to restrict access to the courts for plaintiffs seeking redress for injuries and to protect large corporate defendants by limiting the available jurisdictions in which they could be sued. For example, in Daimler, the Court rejected the traditional understanding of general jurisdiction based on a defendant corporation’s activities within the forum state and, in so doing, turned years of lower court decisions developing the understanding of general jurisdiction on its head.

However, more recently, the Court has …

No News (Read: Successful Lawsuits Against Mediators) Is Good News?, Michael Moffitt

Texas A&M Law Review

Mediators are busy doing important work—and mediators are human and sometimes make mistakes. Without losing sight of the important work mediators do every day within our justice system, this Article offers three observations about the fact that mediators are fallible. It concludes with some normative considerations about how we might think about each of the three observations.

First, I summarize research spanning more than two decades of litigation involving mediators. I provide a new taxonomy, derived from actual lawsuits, describing the bases upon which former disputants have complained about their mediators. I suggest that there are examples of at least …

The Excessive Fines Clause In The Federal Courts: A Quarter-Century Of Narrowing, Michael O'Hear

Texas A&M Law Review

The Eighth Amendment prohibits “excessive fines,” but what exactly does “excessive” mean? The question has taken on some urgency in recent years as American legislatures have sharply increased the economic penalties associated with criminal convictions. In 1998, in United States v. Bajakajian, the Supreme Court for the first time established a test of sorts to determine whether an economic penalty is “excessive” in violation of the Eighth Amendment. The test was not without its ambiguities but offered some potentially robust protection against the rising tide of fines, fees, forfeiture, and restitution. However, the promise of Bajakajian has been undermined …

The Common Threats Of Artificial Intelligence And Privatization, Landyn Rookard

Texas A&M Law Review

Administrative agencies’ growing use of automated decisionmaking tools poses threats to core democratic values, such as agency flexibility, expertise, fairness, transparency, and accountability. But decades of privatization have wrought similar, lasting harms to the United States’ public institutions. This Article argues that the thoughtful criticisms and prescriptions from the burgeoning literature on the government’s use of artificial intelligence should be used to strengthen the scrutiny accorded to privatization.

Specifically, this Article challenges the perception that automated decisionmaking poses a greater threat to public values than privatization. Indeed, the two share several characteristics and goals. These include, for example, a fixation …

Regulating Ai Therapy Chatbots: A Call For Federal Oversight, Carolyn V. Wheeler

Texas A&M Law Review

While artificial intelligence therapy chatbots continue to develop and increase in popularity, there is little regulatory oversight for this burgeoning industry. Regulation is needed because there is a high probability for harm when artificial intelligence is used in the mental health therapy industry, yet there is no consensus on standards that apply. Artificial intelligence therapy chatbots are currently only regulated by indirect, suboptimal liability schemes. State governments could regulate them by considering them human practitioners or telehealth services, or the federal government could regulate them as medical devices. This Comment examines the pitfalls of the lack of artificial intelligence therapy …

Erasing Illusions: A Statutory Framework For Deletion In U.S. Data Privacy, Kirsten Worden

Texas A&M Law Review

Since the passage of the California Consumer Privacy Act in 2018, states have rushed to pass their own consumer data protection laws, filling the glaring absence of comprehensive federal privacy law in the United States. These state privacy statutes are largely modeled after the European Union’s (“EU’s”) General Data Protection Regulation (“GDPR”), which introduced the “right to be forgotten.” This right permits EU residents to request that organizations delete their personal information. U.S. state laws have followed the GDPR by adopting a “right to delete.” Yet these new state laws provide little detail about the right to delete and lack …

Cook Martin Poulson, P.C. V. Daniel G. Smith, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Amended Brief of Appellee
On appeal from the Second Judicial Court, Weber County,
Honorable Cristina Ortega, District Court No. 220903740

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the March 13, 2024 Order Third District Court The Honorable Robert Faust Case No. 200903803

Douglas C. Shumway, Gavin Wenzel, Attorney for Appellee Baudelio Covarrubias, Itzel Cox, Pro Se

Paul W. Jones, Attorneys for Armstrong Construction, Inc.