Digital Commons Network^™

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Love

Articles

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

The Various Problems And Instabilities With The Implementation Of The Special Immigrant Juvenile Status Statute, Calli Schmitt

Cardozo Journal of Equal Rights & Social Justice

The note examines the Special Immigrant Juvenile Status (SIJS) statute, highlighting its purpose to protect vulnerable immigrant children who have been abused, neglected, or abandoned. However, the implementation of SIJS faces significant challenges, including inconsistent state court interpretations, political interference, and visa backlogs, which undermine its humanitarian goals. The note proposes reforms to address these issues and ensure that SIJS beneficiaries receive the protections and pathways to permanent residency intended by Congress.

Appendix To "The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide", Lela P. Love

Articles

No abstract provided.

An Unqualified Prohibition Of Self-Help Eviction: Providing A Right To Court Process For All Residential Occupants, Matthew P. Main

Cardozo Law Review

Stability in one’s home is essential to safety, security, and human dignity. The right to court process prior to eviction should be unassailable. Yet, for some of the most marginalized residential occupants, that right does not exist. Nearly every state has codified laws that prohibit landlords from taking the law into their own hands to evict a tenant without a court order. In most states, however, the prohibition of so-called “self-help evictions” hinges on whether an occupant is considered a “tenant” or a “licensee.” The law shelters residential occupants who establish a formal landlord-tenant relationship in the premises where they …

Where Do We Draw The Line? The Deliberate Indifference Standard And Why Vulnerability To Sexual Harassment Matters In Title Ix Liability, Laëtitia Krisel

Cardozo Law Review

No abstract provided.

2022 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:

Judge Eunice C. Lee, United States Court of Appeals for the Second Circuit

Student Remarks:

Elisabeth Bauriedl, LL.M. Class Speaker; Class of 2022

Madison Chajson, J.D. Class Speaker; Class of 2022

Student Bar Association Awards:

Nigel A. Pura-Bryant, Class of 2022 …

Large Law Firms Respond To Russia’S Invasion Of Ukraine, Kira Dennis

Cardozo International & Comparative Law Review (CICLR) Blog

As these words are being strung together, the civilian death toll continues to rise in Ukraine. As of March 14th, over 600 people have died and over 1,100 civilians have been wounded. In addition to those injured, over 2.8 million people have fled their homes in Ukraine, seeking refuge in Poland, Germany, Romania, Moldova, and Lithuania, to name a few. As Russia continues to attack Ukraine and war surges, the world is responding in a number of significant ways –– donations, spreading awareness across social media platforms, cross-border acceptance of refugees, pro bono legal assistance, protests against Russian war tactics. …

Maria F. Garcia-Syngros ’22 Is Named A 2022 Equal, Benjamin N. Cardozo School Of Law

Cardozo News 2022

Cardozo School of Law is proud to announce that Maria F. Garcia-Syngros ’22 was named a 2022 Equal Justice Works Fellow. She will represent and advise low-income immigrant women and children placed in time-restricted proceedings in Immigration Court while pursuing impact litigation to ensure systemic failings in these proceedings are addressed. Garcia-Syngros will be hosted by the New York Legal Assistance Group (NYLAG) and her Equal Justice Works Fellowship is sponsored by Kramer Levin Naftalis & Frankel.

The Parthenon Marbles Case And The Universal Museum Myth: Policies And Politics, Cardozo Arts & Entertainment Law Journal, Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic, Cardozo Fame Center

2021–2022 Flyers

This symposium will bring together scholars and advocates to discuss the history of cultural property, its rightful owners, and whether the property should be returned to its original creating country. Professor David Rudenstine will present his decades-long historical research challenging the British Museum’s claim in the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures taken to London in the early 1800s by the British ambassador, Lord Elgin.

Cardozo Law To Host Symposium On Parthenon Marbles Case And Cultural Property Ownership, Benjamin N. Cardozo School Of Law

Cardozo News 2022

The Benjamin N. Cardozo School of Law at Yeshiva University will convene international art law practitioners, distinguished scholars and a Greek delegation on April 28 for “The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics,” a symposium on cultural property ownership. The event will focus primarily on the cultural property dispute between Greece and Great Britain over the Parthenon Sculptures, which were taken to London in the early 1800s by the British ambassador Lord Elgin.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Week Of January 24, 2022 - January 28, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Floersheimer Center for Constitutional Democracy
• Latin American Law Student Association (LALSA)
• Public Interest Law Advocacy Week (P*LAW)

Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Bet Tzedek Civil Litigation Clinic

Amicus Briefs

On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings.

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
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Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

Articles

In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

Panel 1: History Surrounding The Removal Of The Sculptures And The U.K. Purchase Of Elgin's Collection, Samantha Anderson, Elena Korka, David Rudenstine, Giovanna Bellesia

Cardozo Arts & Entertainment Law Journal

The article challenges the British Museum's claim that Lord Elgin legally and ethically acquired the Parthenon Sculptures with proper Ottoman authorization. It argues that the Museum's defense relies on flawed historical narratives, including the misrepresentation of key documents, and asserts that Elgin's actions were unlawful and harmful, undermining the Museum's moral and legal justification for retaining the sculptures.

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

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 …

Digitizing The Utah Code Annotated, Valeri Craigle

Sandbox Series

When Utah’s three law libraries closed their doors in March 2020 due to the Coronavirus pandemic, legal practitioners, researchers, and self-represented litigants lost access to the superseded Utah Code Annotated (UCA), which existed only in print form at these three libraries. Access to the UCA was restored in early 2021 through an LSTA grant-funded project that digitized UCA volumes and pocket parts from 1943-1995 and disseminated these materials via an open access Digital Commons collection.

The Myth Of Autonomy Rights, Kathryn E. Miller

Cardozo Law Review

Supreme Court rhetoric, scholarly discussion, blackletter law, and ethical rules have perpetuated a myth that individual rights protect the autonomy of defendants within the criminal legal system. To expose this myth, I examine six rights that the Court has enshrined as essential decision points for criminal defendants due to the rights’ purported expressive and consequential functions: (1) the right to self-representation; (2) the right to plead guilty; (3) the right to waive a jury; (4) the right to testify; (5) the right to waive appeals; and (6) the right to maintain innocence at a capital trial. I conclude that each …

The Price Of Progress: Estimating The Funding Needed To Close The Justice Gap, E. H. Geiger

Cardozo Journal of Equal Rights & Social Justice

The article addresses the "Justice Gap," a disparity in legal services between low-income individuals and their wealthier counterparts, leading to unfair legal outcomes. It argues that insufficient funding for legal aid exacerbates this issue and calls for increased federal funding to ensure equal access to justice, emphasizing that the costs are manageable and necessary to prevent broader societal and economic consequences.

2021 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Teaching About Race, Equity and the Law, page 3

Faculty with Impact, page 4

Faculty Appointments, page 11

Cardozo Ranks 33rd, page 12

Faculty in the Media, page 14

Student Briefs, page 22

E. Nathaniel Gates Scholars Program Launched, page 31

Q and A with Val Myteberi, page 32

Commencement '21, page 34

Trophies of the Empire, page 38

9/11 Remembrance, page 40

Alumni Movers & Shakers, page 46

Speaking of Law, page 52

A Legacy of Human Rights, page 56

Class Notes, page 58

In Memorium, page 60

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

Immigration Justice Clinic Teams Up With Freedom For Immigrants And Immigrant Defense Project To Co-Author “Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles”, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Cardozo’s Kathryn O. Greenberg Immigration Justice Clinic, together with Freedom for Immigrants, and Immigrant Defense Project have co-authored a new report titled “Immigration Cyber Prisons: Ending the Use of Electronic Ankle Shackles.”

Immigration Cyber Prisons: Ending The Use Of Electronic Ankle Shackles, Tosca Giustini, Sarah Greisman, Peter L. Markowitz, Ariel Rosen, Zachary Ross, Alisa Whitfield, Christina Fialho, Brittany Castle, Leila Kang

Online Publications

The call to end immigration detention has garnered strong support in recent years due to a growing public awareness of its devastating impact on the individuals locked away, their families, and entire communities. Throughout the nation, communities, organizers, advocates, and public officials have demanded the shutdown of Immigration and Customs Enforcement (ICE) detention centers, particularly those operated by private prison companies.

However, less attention has been paid to another form of detention that has been insidiously expanding alongside ICE’s brick-and-mortar jails: the Intensive Supervision Assistance Program (ISAP), the primary component of ICE’s so-called “Alternatives to Detention” program. ISAP surveils, monitors, …

2021 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Welcome Remarks:

Christopher Buccafusco, Professor of Law, Associate Dean for Faculty Development, Director, Intellectual Property & Information Law, Herald

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

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

Video Messages from the Faculty

Remarks:

Dean Melanie Leslie

Rabbi Dr. Ari Berman, President, Yeshiva University

Commencement Address:

Justice Rosalie Silberman Abella, Supreme Court of Canada

Student Remarks:

Enkeleda Smakaj, LL.M. Class Speaker, Class of 2021

Taylor Dumpson, J.D. Class Speaker, Class of 2021

Student Bar Association Awards:

Andrew J. Windsor, SBA President; Class of …

Securities Arbitration Clinic Students Travel Virtually To The Sec And Present To Sec Commissioners, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Cardozo’s Securities Arbitration Clinic usually take a trip to the SEC in Washington, D.C. every spring, along with other law school securities clinics. This year, the trip needed to be a virtual visit, but was still a meaningful experience for the clinic students-Noelle Howard, Victor Wang and Jhaton White-who presented one of the cases they had worked on to over 150 SEC staff members, commissioners, and other law students. Clinic Director and Professor Elizabeth Goldman spoke on a panel of experts during the event.

Cardozo Program Earn High Grades From Prelaw Magazine's Spring Issue, Benjamin N. Cardozo School Of Law

Cardozo News 2021

PreLaw Magazine gave Cardozo "A+" grades in their spring 2021 issue, for two categories: Intellectual Property Law and ADR. Cardozo also earned an A in Practical Training. The magazine noted the law school's Indie Film Clinic (now known as the Filmmakers Legal Clinic) which "helps underrepresented voices be heard" on page 43 of the spring issue.

Andrea Barrientos And Sadie Casamenti Selected As Immigrant Justice Corps Fellows, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Andrea Barrientos and Sadie Casamenti, Cardozo 3L students, have been chosen along with 26 other graduates from top law schools from around the country, as Justice Fellows with the Immigrant Justice Corps program. Both students have been active in the Kathryn O. Greenberg Immigration Justice Clinic during their time at Cardozo. The Corps program was founded by Judge Robert A. Katzmann, Judge of the U.S. Court of Appeals for the Second Circuit.

Misguided Good Intentions: How Blue States' Opposition To Ice Contracts Hurts The Undocumented, Caroline Kutschera

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.