Digital Commons Network^™

Conduits For Crime: How The Us Art Industry Has Become A Market Ripe For Financial Crime, Sage Espindola

Brooklyn Law Review

The US art market is the largest in the world, with an estimated total worth of $67.8 billion. In the last decade, art market transactions have skyrocketed in value, with works like Leonardo da Vinci’s Salvator Mundi selling at auction for $450 million, making it the most expensive individual work to ever be sold. However, unlike other markets that handle similarly high-value assets and commodities, the US art market is largely unregulated. The lack of adequate formal regulation, coupled with a culture of anonymity, has allowed for the US art market to become a hotbed for financial crime, such as …

What Really Is “Objectionable Conduct” In New York Co-Ops? Navigating A Board Deferential Standard Of Review Post-Pullman, Jenna Tammaro

Brooklyn Law Review

Home is where the heart is, and in the United States, home ownership is an integral part of the American dream. A place to call home offers emotional safety as well as financial security. Property ownership can even mark the start of generational wealth. Since a home is something that can mean so much to so many, the loss of one’s home is an unimaginable fear. The risk becomes even greater when the odds are stacked against homeowners, particularly for cooperative corporation (co-op) shareholders in New York. Co-op proprietary leases exploit the risk of loss for these owners. Most proprietary …

Performative Actions And Profits: A New Test For Delaware Derivative Oversight Claims, Joshua Dana

Brooklyn Law Review

One of the most important aspects of Delaware corporate law is the duty of oversight, which requires corporate directors and officers to establish and maintain reasonable oversight systems at their companies. In determining whether a director or officer has breached their duty of oversight, courts apply the bad-faith standard. This Note contends that the bad-faith standard is an ineffective way to hold corporate directors and officers accountable for their lack of oversight because under the bad-faith standard, courts are unable to distinguish nonmeaningful performative action that is merely intended to create the illusion of good-faith oversight from true good-faith action. …

The Extraordinary Extension Of The Video Privacy Protection Act: Why The “Ordinary Course Of Business” Of An Analog Era Is Anything But Ordinary In The Digital World, Elizabeth Gemdjian

Brooklyn Law Review

In the last dozen years, a wide range of companies—from streaming platforms to consumer goods brands to nonprofits—have been the target of lawsuits under an idiosyncratic, outdated law: the Video Privacy Protection Act of 1988 (VPPA). The VPPA focuses only on consumers’ privacy related to video content; it prohibits a party that has data on a consumer’s video viewing history, along with personally identifiable information about that consumer, from disclosing that information without the consumer’s consent. While the VPPA did not get much attention in court until recently, in the past decade, the volume of VPPA-related claims has exploded. This …

The Case For Abolishing The Civil Character-Evidence Rule, Steven Goode

Brooklyn Law Review

The Federal Rules of Evidence were enacted fifty years ago. The Advisory Committee charged with drafting the rules successfully reformed a good number of common-law rules and failed in its attempts to reform others. But it did not even attempt significant reform of one of the most troublesome rules—the character-evidence rule. Indeed, it declined to seriously consider even a very modest proposal to reform the way the character-evidence rule applies in civil cases. Those espousing change, it declared, “have not met the burden of persuasion.” This Article takes up that challenge. I argue that Rule 404’s categorical exclusion of character …

The Economic Rhetoric Of Carbon Pricing, Jeff Todd

Brooklyn Law Review

Economists overwhelmingly prefer the carbon pricing instruments of carbon taxes and cap-and-trade programs as the most cost-effective way to reduce greenhouse gases and combat climate change. By contrast, US lawmakers have largely eschewed carbon pricing, and legal scholars have mixed views about implementing it. In order for legal scholars to better understand economic studies on carbon pricing and incorporate those studies into their own climate change scholarship, this Article turns to the rhetoric of economics. Economists view problems like climate change through the metaphor of the market, so they embrace carbon pricing because it is a market-based approach that corrects …

The Formula For “Sustainable” Tuna, Brianna M. Grimes

Pace Environmental Law Review

Tuna is one of the most popular types of seafood. But in today’s market, consumers want more than just good taste; they want to know that the food they eat is sustainably sourced. A major obstacle plaguing the tuna industry and hindering sustainability is bycatch—the incidental catch of non-target species. To begin, this paper will provide an overview of the history and inherent problems of tuna fishing, and the existing public laws and regulations, both at the national and international level, that govern fisheries. Next, this paper will identify private environmental governance initiatives undertaken by the industry to fill the …

Arbitrators Of Environmental Disputes: The Guardians Of Natural Resources, Isabella Mazzei

Pace Environmental Law Review

According to the International Energy Agency, to achieve net zero emissions by 2050, global investment in clean energy must more than triple, reaching $4 trillion. More investments in technology for clean energy and infrastructure means more transactions across major industries. This inevitably translates to the potential for more disputes, including environmental concerns. Most energy related disputes are predicted to arise in the oil and gas sector, the power generation sector, and the offshore renewable sector. Arbitration presents an appealing option to efficiently resolve these emerging conflicts. This paper highlights the growing importance of arbitration in resolving environmental disputes. To explore …

Tfpa, Wildfire Mitigation, And The Dissemination Of Indigenous Knowledge, Lauren Palmer

Pace Environmental Law Review

The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is a practice of many Indigenous tribes that help environments and the species that comprise them, foster and grow. To further help tribes with their mission in keeping Indigenous Knowledge alive and to reduce the frequency and severity of destructive wildfires, this article argues the federal government should amend federal acts to provide Indigenous tribes with a greater opportunity …

The Role Of Private Liability In The Fight Against Climate Change, Matthew Salavitch

Pace Environmental Law Review

Parties have increasingly turned to courts both to seek redress for current climate-related harms and to compel states and private actors to reduce their future GHG emissions. As a result, courts around the world have been faced with the task of defining the proper role of the judiciary in fighting climate change. In the United States, however, many courts have had difficulty defining the judiciary’s proper role in providing redress for climate-related harms, especially in relation to comprehensive federal regulation of air pollution under the Clean Air Act (CAA). Considering the uncertainty surrounding the preemptive effect of the CAA on …

Ngo Partnerships Providing Legitimacy To Private Environmental Governance, Isabelle Hayes

Pace Environmental Law Review

The climate crisis is one of the most pressing issues our world faces today. Traditionally, the government has been the actor to facilitate change in the environmental governance realm. However, an absence in comprehensive environmental action and legislation has led to the emergence of another framework—private environmental governance. Private environmental governance allows actors from the private sector to fill the gaps of government inaction on environmental issues and lead the sustainability movement. A concern of private action is the absence of legitimacy, which can come with government action. Thus, private companies can choose to engage in partnerships with nongovernmental organizations …

Creating Peer Support For Law Enforcement And Incorporating Cognitive Behavior Therapy, Justin Day

Master of Arts in Criminal Justice Leadership

Creating change such as a new wellness program can be a difficult task, but it can be broken down into specific steps that make it slightly less daunting. Leaders need to be at the forefront of changes within their organization by leading by example and creating a culture that is inclusive of wellness. Utilizing policy creation, a wellness committee and clearly defining goals can help leaders successfully implement a new wellness program. Ethically, many reasons support the creation of a peer support program to help support employees in the criminal justice field. Ensuring ethical expectations and accountability are paramount in …

Let’S Save More Lives: A Call For A National Good Samaritan Law, Molly Mcguinness

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The United States is facing a fentanyl epidemic.  Fentanyl is a synthetic opioid that is fifty times stronger than heroin and one hundred times stronger than morphine.  While fentanyl is approved by the Food and Drug Administration (FDA) for pain relief and anesthetic used in controlled medical settings, most overdoses come from illegally manufactured fentanyl.  Drug dealers lace fentanyl into fake prescription pills and other illegal drugs.  Since fentanyl is a synthetic drug, it is cheaper to produce than other opioids that are grown from plants, and it therefore is more profitable for drug cartels to sell.  A lethal amount …

Rallying For Equality: The Match To End Gendered Sports Uniforms, Katie Rubin

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Women’s sports have taken off in recent years, and the thriving market for women’s sports apparel is proof.  More people are watching, investing, sharing on social media, and participating than ever before.  Athletes like Serena Williams and Caitlin Clarke have proven that women’s sports can thrive on a global stage alongside their male counterparts.  As visibility grows, women athletes are becoming bigger stars, opening the door to greater sponsorship opportunities and better access to top-tier performance gear.  It is a win-win: athletes get the high-quality apparel they need to perform at their best, while consumers enjoy more inclusive and diverse …

Associate Judge Caitlin J. Halligan Named Keynote Speaker At Cardozo’S 47th Commencement, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Hon. Caitlin J. Halligan, associate judge of the Court of Appeals, will deliver the commencement address for Benjamin N. Cardozo School of Law's 47th graduation ceremony at Lincoln Center on June 4.

Incarcerated Individuals' Lives Do Not Matter: A Fourteenth Amendment Procedural Due Process Problem, Marshall Farber

Et Cetera

This Note examines the Seventh Circuit’s decision in Love v. Vanihel, in which Tony Love lost 5,700 days of good-time credit following the Indiana Department of Corrections’ issuance of Executive Directive #17-09 (“ED 17-09”). Prior to this directive, the state’s disciplinary code capped good-time credit loss at one year per offense, but ED 17-09 imposed significantly harsher sanctions, stripping Love of over 15 years of accrued credit after a single disciplinary infraction. The Seventh Circuit affirmed the district court’s decision, holding that Love had procedurally defaulted and forfeited his due process claims. This Note argues that the Seventh Circuit’s …

Texas Means Business: Constitutional Challenges To New Business And Appellate Courts, Daniel H. Ramirez

St. Mary's Law Journal

No abstract provided.

It Was The Death Of Bruton, It Was The Birth Of Bruton – Why Confrontation Dismantled The Bruton Rule, And How Due Process Can Save It, Noam Kozlov

St. Mary's Law Journal

No abstract provided.

How To Conduct Serious Affairs Like Reasonable People, Yakov Malkiel

St. Mary's Law Journal

No abstract provided.

The Texas County Appraisal System, Chad J. Pomeroy

St. Mary's Law Journal

No abstract provided.

“We All Wear Green, We All Bleed Red, There Is No Difference”: Race-Conscious Admissions Policies Have No Place At Our Military Academies, R. Lawrence Purdy

St. Mary's Law Journal

No abstract provided.

The Illusion Of Choice: Why Texas’ Open And Obvious Defect Doctrine Fails Injured Workers, Madalyn R. Parr

St. Mary's Law Journal

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

William M. Hains, Derek Brown, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

Executive Watch: Introduction, Timothy Zick

Popular Media

First installment in a regular feature on the Trump administration and the First Amendment.

Fetal Personhood And Access To Reproductive Rights: Power And Precarity In Post-Roe America, Jainab Banu

Journal of International Women's Studies

This paper delves into the concept of “fetal personhood” and dissects how lawmakers systematically deploy rhetorical agency in policy to draw demarcating lines between demographic groups in post-Roe America. After abortion was legalized in 1973, the number of women opting for abortion rose significantly. Even after legalization, however, underrepresented and marginalized women struggled to access safe and high-quality healthcare, and many of them risked self-induced abortions. Since Roe v. Wade was overturned in 2022, women with financial affluence can still travel to states where abortion is not banned to access their reproductive rights; however, women with low income may not …

The State Of The Medical Cannabis Industry And Enforcement Against Illegal Cannabis Shops, Chaz Brooks

Legislative Testimony & Comments

My name is Professor Chaz Brooks, and I am joined by several of my students who have assisted on this project, Khumar Gasimzada, Christian Nunez, and Olivia Woodmansee. Professor Priya Baskaran and I co-lead the Entrepreneurship Law Clinic at American University Washington College of Law, where we provide legal support to small businesses and entrepreneurs in Washington, D.C. (the “District” or “D.C.”). Over the past year, we have worked closely with Sean and Lashonia Thompson-El of DC Native Botanicals who received a Conditional Social Equity License for a cultivation center in October 2023. Today, we testify not only on their …

Peran Financial Technology Peer-To-Peer (P2p) Lending Dalam Mendukung Pengembangan Umkm Studi Kasus : Kampoeng Batik Laweyan, Isa Bisthomi, Januar Dwi Irawan, Launa Qisti

Technology and Economics Law Journal

Micro, Small, and Medium Enterprises (MSMEs) are the backbone of Indonesia's economy, absorbing 97% of the non-agricultural workforce and making a significant contribution to GDP. However, limited access to formal financing remains a major obstacle. Conventional banks often view MSMEs as high-risk, making it difficult for them to obtain loans. Peer-to-Peer (P2P) lending emerges as a technology-based solution, offering easier access to financing with lighter requirements and faster processes. This study aims to examine the role of P2P lending in enhancing financial inclusion and the capacity of MSMEs, focusing on the case study of Kampoeng Batik Laweyan in Solo. The …

Penggunaan Kredit Sindikasi Untuk Pendanaan Proyek Infrastruktur Ketenagalistrikan Pada Pt Pln (Persero), Fadillah Isnan, Dwi Randi Sulistiyono, Fitrah Ramadhian

Technology and Economics Law Journal

The Indonesian government continues to strive to develop infrastructure, including electrical infrastructure, which serves as the main driver and foundation of the economy. The task of managing the electricity sector is entrusted to the state through state-owned enterprises, with PT PLN (Persero) as the main implementer. The planning for these electricity infrastructure projects has been outlined in the 2021-2030 Electricity Supply Business Plan (RUPTL). To support the realization of these projects, substantial funding is required, one of which is through a syndicated loan scheme. Syndicated loans, which involve a number of financial institutions, offer organized and efficient financing solutions with …

Pembiayaan Syariah Pada Esco Dalam Menunjang Efisiensi Energi, Rizki Aulia, Theo Sammaranta Siregar, Yuda Puji Agustin

Technology and Economics Law Journal

Climate change and the need to reduce energy consumption make energy efficiency an important solution to achieve sustainability. Energy Services Companies (ESCOs) play a central role in the implementation of energy efficiency technologies through various services such as consulting, project development, and verification of energy savings. However, one of the main challenges in this implementation is the need for significant initial investment, which is often an obstacle for project owners, especially in developing countries where high financial risk is a major obstacle. Islamic financing, based on the principles of Islamic law, offers an attractive alternative to overcome such challenges. The …

Tindak Pidana Korupsi Yang Dilakukan Oleh Notaris Atas Penyalahgunaan Wewenang Dalam Penerbitan Covernote Untuk Pencairan Kredit (Studi Putusan Pengadilan Tinggi Medan Nomor 9/Pid.Sus-Tpk/2023/Pt.Mdn), Marcellina Siti Nabila

Technology and Economics Law Journal

This paper analyzes the role of covernotes in credit agreements and the consequences of notaries' abuse of authority, leading to corruption. This paper uses a doctrinal research method. A covernote is a written statement containing a notary's promises or commitment to complete their duties, regarding requirements that have not been met by the parties to issue a deed. The Law on Notary Publics does not contain any regulations or mention of covernotes. The existence of covernotes arises from the urgent need for banks to provide temporary documentation for executing credit agreements. Bank Indonesia Regulation Number 20/8/PBI/2018 concerning the Loan-to-Value Ratio …