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Kukin Program Newsletter – Spring 2024, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2024 highlights recent achievements, events, and developments in Cardozo Law School’s Alternative Dispute Resolution (ADR) program. Key features include student accomplishments in national ADR competitions, faculty contributions to international conferences, and updates on new courses like Dispute Systems Design and International Investment Arbitration. The issue also covers the Cardozo Divorce Mediation Clinic’s 13th anniversary, faculty spotlights, and the Cardozo Dispute Resolution Society’s inaugural Arbitration Day. This newsletter reflects the Kukin Program's commitment to advancing ADR education and supporting students in impactful, real-world learning experiences.

Tenants’ Right To Counsel: Los Angeles Should Follow New York City’S Lead, Jacklyn Hadzicki

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

Cities around the nation are facing housing shortages as the costs of homes soar and the supply of affordable rentals continue to decline. Rental costs severely burden American households, as “almost half of renter households (21.6 million) spend more than 30 percent of their income on rent and 11.6 million households spend more than 50 percent of their income on rent.“ Additionally, 44 percent of rental households have reported “feeling pressure” to move from their homes for a range of reasons, including increased rent, inflation, power imbalances with their landlords, lack of repairs, and threats of eviction.

This post was …

Milbank And Cardozo’S Perlmutter Center Announce Partnership To Advance Criminal Justice Reform, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Milbank pledges $1M to establish the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center for Legal Justice at Cardozo Law

The Irs Audits An Easy Target — The Poor, George Galan

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

In 2018, Natassia Smick and her husband filed their income tax return showing earnings of about $33,000. They expected a refund, $2,000 of which is attributed to the Earned Income Tax Credit. The Earned Income Tax Credit (EITC) is a tax credit “for working people with low and moderate incomes. It boosts the incomes of workers paid low wages while offsetting federal payroll and income taxes.” The EITC aims to reduce poverty, and in 2018, the credit “lifted about 5.6 million people above the poverty line.” Smick, like many other families, relied on her tax refund to help pay her …

P*Law 2024, Center For Public Service Law

2023–2024 Flyers

This document outlines the full schedule for P*LAW Week 2024 at Cardozo School of Law, hosted by the Center for Public Service Law. Held from January 29 to February 1, the week featured panels, workshops, and student-led presentations on critical public interest topics, including immigration, incarceration, housing justice, student debt, reproductive rights, and exoneration. With contributions from legal professionals, alumni, faculty, and students, the events provided education, mentorship, and career development opportunities for those pursuing paths in public interest law.

Meaningful Or Meaningless? The Temporal Scope Of The Constitutional Right Of Access To Courts For Incarcerated Litigants, Alison Aimers

Cardozo Law Review de•novo

This Note will advocate for the position taken by the Third and Seventh Circuits that incarcerated individuals’ right to affirmative assistance in accessing legal materials extends past the pleading stage to all stages of civil rights claims and post-conviction criminal appeals. U.S. Supreme Court precedent supports this position, and judicial clarity on this issue is required to best protect the constitutional right of access in light of significant existing barriers to incarcerated litigants’ access to courts.

Bias Notification Duty, Eldar Haber, Shai Stern

Cardozo Arts & Entertainment Law Journal

Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Society thus misses a unique opportunity to study social and cognitive biases that shape …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 43 (2024-25)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Urgent Issue Of Suicide In Nyc Jails, Kathleen Leuty

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

Half of the people currently detained in New York City jails have a mental health diagnosis. Since 2020, the number of incarcerated people with a serious mental illness in New York City jails has nearly doubled—from 672 to 1,207 people. The medical support offered to those in jail suffering from mental illness, however, has not seen corresponding growth. The number of medical appointments missed by those incarcerated in New York City is staggering: “the monthly number of missed medical visits has spiked by 21%, from 9,259 in August 2022 to 11,176 in June 2023, outpacing growth in the jail population.” …

The United States Must Do More To Protect Immigrants From Legal Fraud, Olivia Hendelman

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

Earlier this month, counsel for Fareed Heera filed a complaint seeking review of his permanent residence (i.e. green card) application, on the grounds that Heera was victimized by his attorneys. The federal government denied Heera’s application due to fraud and misrepresentation. Heera’s counsel argues that law firms deceived Heera on two separate occasions when they filed petitions containing factual misrepresentations of which Heera was not aware. The complaint further explains that Heera did not intend to commit fraud by using misrepresentations; rather, he was preyed upon when relying on his attorneys to navigate a legal process unfamiliar to him. Ultimately, …

Beneficial Conflicts Of Interest, Anita K. Krug

Cardozo Law Review

Conflicts of interest exist in both professional and private settings, and everyone experiences them from time to time. If a person harboring a conflict acts on it—meaning the person acts against interests she ought to uphold—innocent parties may be harmed. Accordingly, the key to addressing a conflict in most settings is to eliminate it, such as by prohibiting conflicted behavior or recusing oneself from a deliberative process. However, conflicts of interest have a special character in the securities realm, both because they are ubiquitous given financial firms’ myriad competing interests and because the goal of the agency charged with addressing …

2023 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Hon. Joseph A. Greenaway Jr., United States Court of Appeals for the Third Circuit

Student Remarks:

Xènia Campàs Gené, LL.M. Class Speaker, Class of 2023

Talia Heller, J.D. Class Speaker, Class of 2023

Student Bar Association Awards:

Hannah Petitti, SBA President, …

2022-2023 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The 2022-2023 Annual Report of The Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo Law School highlights key events, the Heyman Scholars Program, and the diverse curriculum offerings. Featuring insights from industry experts and faculty, the report showcases the Center's commitment to excellence in business and corporate law education.

Cardozo Hosts Annual Donors & Scholars Cocktail Reception, Benjamin N. Cardozo School Of Law

Cardozo News 2023

On April 18, Cardozo held a warm and festive Donors & Scholars Cocktail Reception. The annual event brought together outstanding students who have benefited from scholarship and stipend support wth the generous donors who make it possible.

Dean Melanie Leslie ’91, 2L Zoe Sheppard and Shoshana Bookson ’82 each spoke of the critical importance to students and the tremendous value of giving back to the Cardozo community.

Friend Or Foe – Ai’S Invasion Of The Legal Battlefield, Ksenia Khlystova-Gowda

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A few decades ago, legal practitioners spent countless hours amidst towering piles of physical text, carefully drafting handwritten briefs for their clients. Since the late twentieth century, this old-fashioned practice has become modernized, beginning with the transition from typewriters to computers, the introduction of online legal research databases, and recently with the use of online court hearings during the COVID-19 pandemic Today, the legal profession is in the midst of its most recent technological booster, as artificial intelligence (“AI”) has become mainstream and begins its inevitable assimilation with the industry. However, AI technology presents different consequences and concerns due to …

Gender Registration And International Law: Are Gender Markers Necessary?, Mika D'Angelo

Cardozo International & Comparative Law Review

The note critically examines the necessity and implications of gender markers on identification documents under international law, arguing that current practices disproportionately burden transgender and gender-diverse individuals. It contends that the registration of gender often fails to align with international human rights standards, perpetuating discrimination and administrative violence. The analysis advocates for a reevaluation of gender registration to ensure it respects self-determination and privacy rights while addressing practical concerns.

Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia Smith Schlinck

Library Staff Online Writings

Since it was launched at the end of November 2022, the discourse around ChatGPT and AI search tools has been unrelenting. What impact will AI-powered chatbots have on education? Will students submit ChatGPT-written essays and homework assignments? Will AI make lawyers obsolete? Look, this chatbot just passed the bar exam! Wait a minute—is this thing. . . sentient?

What Is The Proper Role Of Attorneys Representing The Child In Abuse And Neglect Cases?, Alexandra Debenedictis

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

According to the Child Abuse Prevention and Treatment Act of 1974 (CAPTA), under federal law, children are required to have representation from a guardian ad litem in abuse and neglect proceedings. Many jurisdictions are proponents of the “Best Interest Model,” where the attorneys are appointed to determine and serve the best interest of the child, regardless of the individual child’s wishes. Other jurisdictions take the more traditional approach under the “Client-Directed Model,” where the attorney advocates for the child’s expressed wishes but also must take “into account diminished capacity such as age” of their client.

This post was originally published …

The Concerning Implications Of Texas’S Claim To Standing In United States V. Texas, Noa Gutow-Ellis

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

In a sign of the case’s importance, oral arguments stretched over two hours when the Supreme Court heard United States v. Texas on November 29, 2022. United States v. Texas concerns “the Biden administration’s authority to set immigration policy.” Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas enacted the policy at issue: prioritizing groups of noncitizens to be detained and deported. This prioritization is rooted in the fact that DHS does not have the resources to detain and deport the “over 11 million noncitizens currently in the United States who could be subject to deportation.” Texas sued the federal government, …

The Art World Of Digital Assets: How Non-Fungible Tokens Create A Loophole In Anti-Money Laundering Regulations, Sofia Aizenman

Cardozo Law Review

No abstract provided.

P*Law 2023, Center For Public Service Law

2022–2023 Flyers

This document provides the complete schedule for P*LAW Week 2023 at Cardozo School of Law, organized by the Center for Public Service Law. Held from January 23 to January 26, the week featured panels, workshops, and interactive events addressing pressing issues in public interest law. Topics included judicial independence, disability rights, reproductive justice, climate legislation, student mental health, comprehensive sexual education, and qualified immunity. Events also offered students career support through the PILC Fair prep session and Mentor Mock Interviews, fostering professional growth and public service engagement.

P*Law Week 2023, Cardozo Center For Public Service Law

2023 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2023, which will feature panels discussing education, self-care, disability, climate activism, qualified immunity and more.

January 23, 12:00 p.m.

Vicarious Trauma and Self-Care in Public Service

The Challenges to Judicial Independence in Eastern Europe Today

January 24, 12:00 p.m.

Client Interviewing Workshop

January 24, 4:00 p.m.

Advancing Disability Advocacy

January 24, 4:15 p.m.

CLCPA: New York’s Ambitious Climate Statute

January …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come

Cardozo Journal of Equal Rights & Social Justice

The symposium discusses recent Supreme Court decisions on immigration, focusing on cases that address issues such as mandatory detention, limits on judicial review, and the expansion of executive discretion. These rulings have significant implications for immigration law and practice, particularly in areas of detention, due process, and the ability of federal courts to review immigration-related decisions.

The Power Of Influence: Standardizing The Influencer Marketing Industry Through Alternative Dispute Resolution, Michele Lehat

Cardozo Journal of Conflict Resolution

No abstract provided.

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Cardozo Journal of Conflict Resolution

No abstract provided.

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic-there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.

The Implications Of New York’S Gender Expression Non-Discrimination Act For Transgender Housing In Prisons, Rebecca Barrett

Cardozo Law Review

No abstract provided.

Brief Of Amici Curiae On Behalf Of Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller

Amicus Briefs

Amici curiae are professors who research, write, and teach about disability law, special education, civil rights, and administrative law. They are interested in the proper application of the statutes that protect disabled students’ rights and in the scope of exhaustion doctrine. Amici also have an interest in preserving the ability of parties to voluntarily settle disputes, particularly in the context of the legislative schemes here, which encourage cooperation between parties.