Digital Commons Network^™

Don't Dance Around It: Ending The Texas Two-Step Hoedown Through The Old Sheriff In Town - The Law Of Fraudulent Transfers, Howard Silverman

Journal of Business & Technology Law

No abstract provided.

Starstruck: The Superstar Ceo Concept In Delaware Corporate Jurisprudence, Dominic P. Keilty

University of Miami Business Law Review

The rise of the Superstar CEO—an individual who directors, investors, and markets believe makes a unique contribution to a company’s value—challenges traditional corporate governance norms by blurring the line between visionary leadership and unchecked power. This concept recently made its jurisprudential debut in Tornetta v. Musk, where the Delaware Court of Chancery found that the unique dynamics of Elon Musk’s influence over Tesla allowed him to exercise transaction-specific control over his compensation grant. This Article closely examines how the concept was used in Tornetta in an attempt to unveil how the Superstar CEO concept could be interpreted in future decisions …

The Ai-Robotic Prescription: Legal Liability When An Autonomous Ai Robot Is Your Medical Provider, Erika Sophia Grossbard

University of Miami Business Law Review

As AI-driven healthcare accelerates, lawmakers must race against time to establish vital regulations, striving to protect patient safety in an era of increasingly autonomous medical devices. The real challenges arise when an automated AI medical device harms a patient during medical care, and the law has yet to clarify how liability should be allocated among its stakeholders. Currently, semi-autonomous robots are diagnosing medical conditions and performing surgeries. Eventually, autonomous AI medical providers will enter the market, capable of making independent medical decisions and providing treatment. These autonomous robots will function more like medical practitioners rather than merely as assistive tools …

Taking The Sting Out Of The Slap On The Wrist: Why The Tax Cuts And Jobs Act Deductibility Carve-Outs Under I.R.C. Section 162(F) Are Hurting The Average American Taxpayer, Rachel Pritzlaff

University of Miami Business Law Review

The Section 162(f) carve-outs created under the Tax Cuts and Jobs Act of 2017 should concern all taxpayers. Where there were no exceptions previously, now both civil and criminal wrongdoers have the potential to deduct the payments they make in restitution for their actions from their taxable income as a business loss. These carve-outs represent government spending for the benefit of individuals and corporations behaving badly and at the expense of the average American taxpayer. The government is leaving tax revenue on the table by allowing deductibility for fines and penalties, which negatively impacts the federal “power of the purse.” …

Navigating Turbulent Skies: Class Action Waivers In The Airline Industry And The Quest For Passenger Justice, Macarena Alejandra Bazan Hidalgo

University of Miami Business Law Review

In the ever-evolving skies of the airline industry, airline passengers have continued to benefit from distinctive safeguards, even in the wake of deregulation. As its principal protector, the Department of Transportation has consistently demonstrated its commitment to treating airline customers as a distinct and significant group of consumers. However, these well-intentioned regulations often go unchecked, inadvertently paving the way for airline companies to exploit loopholes, leading to unjust practices. This, in turn, inflicts significant harm upon one of the most crucial consumer segments in the United States. A prime example of this issue is the collaborative effort by airline companies …

Auctor Ex Machina: Artificial Intelligence And Authorship In Zarya Of The Dawn, Julianna Simpson

Journal of Business & Technology Law

No abstract provided.

The Ethical Governance Of Artificial Intelligence: Using The Ai Integrative Risk-Based (Airb) Model To Achieve Compliance Risk Management, Miriam Weismann

University of Miami Business Law Review

While undeniably powerful, artificial intelligence algorithms also pose significant risks. The ethical, legal, social, and scientific implications of various AI models can be profound, as demonstrated by the subprime mortgage crisis. This crisis, worsened by the unregulated use of derivative algorithms, is a stark reminder of the pivotal role of individual accountability, ethical responsibility, and regulation in preventing future “catastrophic harm.”1 This Article ventures into the uncharted territory of AI ethical governance and aims to advance AI scholarship and address the unresolved issue of ethical compliance management in AI. Employing a risk-based assessment tool is critical for developing regulatory and …

Inclusive Space For Everyone Door Sign (Printable 8.5 X 11 Inch), Joan H. Robinson

Open Educational Resources

This is a printable 8.5 x 11 inch door sign for faculty, staff, and administrators to let people know it is an inclusive space for everyone. For improved visibility, print with a color printer and cut along the dotted line.

See also: 11 x 17 inch door sign.

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

Cardozo Law News Brief 2025

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

• Cardozo's P*LAW 2025 featured a week of student-led public service programming, coordinated by the Center for Public Service Law.

• Professor Jessica Roth spoke to The New York Times and Politico about the possible dismissal of charges against NYC Mayor Eric Adams.

• Professor Betsy Ginsberg was quoted in The Wall Street Journal on constitutional questions related to incarcerating Americans in El Salvador.

• Professor Andrea Schneider spoke to Business Insider about Costco’s pay increases for non-union workers and the implications for labor negotiations.

Options For Sustainable High Seas Fisheries Management In The Southwest Atlantic, Cornell Overfield, Jessica Yllemo

International Law Studies

The Southwest Atlantic lacks a regional fishery management organization, leaving one of the world’s largest squid fisheries at risk of overfishing during high seas migrations. This article reviews measures available to coastal States as they seek to protect regional ecosystems and their economic interests. The ideal policy response is to conclude a regional fisheries management organization covering squid and other key regional stocks. This body should follow best practices and include the relevant coastal and fishing States. Other options that provide some value for managing regional fishing and its environmental consequences include reviving and expanding catch information sharing, ratifying and …

Sumukh Llc And Nalin Bhatt, Appellants V. Russell A. Cline Pc, Russell Cline, Crippen & Cline, L.C, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honoorable James D. Gardner, District Court No. 190902530

Russell A. Cline, Attorney for Appellees

Bruce M. Pritchett, Jonathan R. Rudd, Attorneys for Appellants

State Of Utah V. Dean Spencer : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FOURTH DISTRICT COURT, UTAH COUNTY, STATE OF UTAH, FROM A CONVICTION ON ONE COUNT OF DUI, A CLASS B MISDEMEANOR, BEFORE THE HONORABLE JUDGE DENISE PORTER

ALEXANDRA HERLONG (18206) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General PETER REICHMAN Utah County Attorney’s Office Counsel for Appellee

JENNIFER L. FORESTA (12212) Utah County Public Defender Assoc. Appeals Division Attorneys for Appellant

Motion For Leave To File Brief Of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, And Saurabh Vishnubhakat As Amici Curiae In Support Of Defendant-Appellee And Affirmance, Saurabh Vishnubhakat

Amicus Briefs

Amici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the …

P*Law 2025 Celebrates Public Service, Center For Public Service Law

Cardozo Law News Archive

Annual Public Interest Law Advocacy Week (P*LAW) 2025, hosted by the Center for Public Service Law, featured 12 panels on social justice topics, planned and moderated by over 30 students, with contributions from alumni, faculty, and legal experts.

Introduction, Lauren Hewitt, Danielle Lopez

Natural Resources Journal

No abstract provided.

A Horse Named “Stream Depletion Theory”: The History And Negotiation Of The Upper Colorado River Basin Compact, Eric Kuhn, Katherine H. Tara, John Fleck

Natural Resources Journal

The 1922 Compact only apportions the beneficial consumptive use of the river system’s waters between two geographic sub-basins, an Upper Basin and a Lower Basin. The 1922 Compact negotiators left the task of allocating water to individual states to future negotiations among the sub-basins. The five states with Upper Basin lands completed this task in 1948. The negotiations of the Upper Colorado River Basin Compact provide significant context for understanding the Law of the River, particularly considering ongoing Post-2026 Colorado River Operations discussions. This article examines the dynamics between the states, the role of the United States, the debate over …

Unsustainable: Amazon, Warehousing, And The Politics Of Exploitation By Juliann Emmons Allison & Ellen Reese, Elise Payette

Natural Resources Journal

No abstract provided.

Front Matter, Natural Resources Journal Nrj

Natural Resources Journal

No abstract provided.

The Case For Nuclear: How A Simple Amendment To Purpa Could Invigorate The Market For Advanced Nuclear And Help The United States Decarbonize Faster Than Ever, Nathan Wise

Natural Resources Journal

The Public Utility Regulatory Policies Act of 1978 (PURPA) was passed in the 1970s to advance the United States’ energy independence through the encouragement of energy conservation, energy efficiency, small power production, and competition within the energy industry. Administered by the Federal Energy Regulatory Commission (FERC), it allows energy producers whose facilities qualify under its criteria to buy and sell electricity to larger-scale energy producers at rates set by state agencies. Today, PURPA and FERC’s accompanying regulations do not allow for facilities that run on nuclear fuel to qualify as “small power production facilities.” Though these facilities could still qualify …

Forever Chemicals And Livestock: Exploring Contmination Of Per- And Polyfluoroalkyl Substances On Farms And Assessing Usda's Role In Indemnification, Chance Mitchell

Natural Resources Journal

This article examines the limitations of existing federal authorities in addressing the growing threat of PFAS contamination in livestock production operations. While existing programs at the U.S. Department of Agriculture (USDA), such as the Livestock Indemnity Program, provide critical support for producers facing natural disasters, they do not cover losses related to toxic substances like PFAS. The only USDA program offering PFAS-related indemnity is the Dairy Indemnity Payment Program (DIPP), but its narrow scope limits coverage to dairy farms. Efforts to amend the statutory language of existing programs or create new ones face significant hurdles, including Congress’s rigid approach to …

Dark Skies: Places, Practices, Communities Edited By Nick Dunn & Tim Edensor, Stella Rose-Wyatt

Natural Resources Journal

No abstract provided.

Gender Inequality And Productivity Impact In Egypt, Hammad Elsaid Omar

The Undergraduate Research Journal

This study examines the relationship between gender inequality in Egypt's workforce and productivity across various sectors. Utilizing a comparative research design, the analysis employs quantitative data from sources such as the World Bank and the International Labor Organization. Key indicators of gender inequality—including the gender pay gap, the percentage of women in managerial positions, and female labor force participation rates—are correlated with productivity metrics like GDP per capita and productivity per employee (Figure 3). Findings reveal a strong negative correlation between the gender pay gap and productivity, with sectors exhibiting smaller pay disparities achieving higher productivity levels. Regression analysis indicates …

The Female Judge “Hunch” In Family Court; Does Female Judgment Differ From Male Judgment?, Kareem M. Rashed

The Undergraduate Research Journal

This paper offers an in-depth theoretical review of the differences in moral judgments between genders, particularly emphasizing their manifestation in the context of family court. Based on Carol Gilligan's critique of Lawrence Kohlberg's theory about moral development, there are distinct differences in moral reasoning approaches between men and women. Gilligan's work challenged the universality of Kohlberg's framework and instead suggested that gendered perspectives on moral reasoning commonly prioritize care and relationships over abstract principles. Complementing this theoretical foundation, the paper incorporates findings from a number of practical studies and surveys, providing non-theoretical evidence of these differences in real-world contexts. Moreover, …

February 5, 2025 — Letter To The House Ways And Means Committee On Tax, American Dental Association

Advocacy in Action letters

No abstract provided.

Preserving Incentive Awards, Christine P. Bartholomew

Book Reviews

reviewing Alexander J. Noronha, On Behalf of All Others Similarly Situated: Class Representatives & Equitable Compensation, 122 Mich. L. Rev. 733 (2024)

Autonomy Now?: Is It Time To Start Integrating (Autonomous) Urban Air Mobility Vehicles Into The National Airspace System?, Robert Notari

Texas A&M Law Review

Urban Air Mobility has the potential to radically change the fundamental nature of transportation within the United States. But challenges abound—from critical shortages of air traffic controllers and pilots and gaps in key technologies and infrastructure to the negative public perception of autonomous vehicles. FAA and industry, employing an evolutionary and safety-focused approach, can overcome these challenges through a combination of creative regulation, targeted technology development, and leveraging lessons learned through the FAA’s drone integration efforts. However, if drone integration is any guide, industry should be prepared for a long integration timeline, with autonomy still on the horizon.

Doing More, Doing Better? A Critique Of The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

All Papers

Canada recently stood on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper, we critically evaluate this development, drawing out lessons from past criminalization efforts (particularly their impact on Black women and communities). Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by politicians and frontline advocates. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization will be intensified. Marginalized women and communities are the least likely to benefit, …

Doing More, Doing Better? A Critique Of The Criminalization Of Coercive Control, Janet Mosher, Shushanna Harris, Jennifer Koshan, Wanda Wiegers

Journal of Law and Social Policy

Canada stands on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper we critically evaluate this development, drawing out lessons from past criminalization efforts and in particular, their impact on Black women and their communities. Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by its proponents. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization–harms that manifest not only in the criminal law sphere but in child welfare …

Class Of 2026 Halfway To Graduation Party, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

The Power Of Procedure: Uncovering The Gap In U.S. Privacy Rights, Bernard Chao, Mandi Abbott

Pepperdine Law Review

As Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …