Digital Commons Network^™

Fake, Andrea M. Matwyshyn, Miranda Mowbray

Cardozo Law Review

The Internet today is full of fake people and fake information. Trust in both technology and institutions is in a downward spiral. This Article offers a novel comprehensive framework for calibrating a legal response to technology “fakery” through the lens of information security. Introducing the problems of Internet “MIST”—manipulation, impersonation, sequestering, and toxicity—it argues that these MIST challenges threaten the future viability of the Internet through two morphed dynamics destructive to trust. First, the arrival of the Internet-enabled “long con” has combined traditional con artistry with enhanced technological capability for data collection. Second, the risk of a new “PSYOP industrial …

War & The Constitution: Chemical Agents And The Rights Of Protestors, Yomidalys GüIchardo Morel

Cardozo Law Review

No abstract provided.

Treat Thy Neighbor As Thyself? Equal Protection And The Scope Of Rluipa’S Equal Terms Clause, Noah Kane

Cardozo Law Review

No abstract provided.

Comment Of Proposed Department Of Labor Regulations On Esg Investing, Prudence And Loyalty, Edward A. Zelinsky

Testimony

DOL’s proposed regulations about ERISA’s fiduciary duties of prudence and loyalty weaken the protection of America’s workers and retirees. Accordingly, these proposed regulations should be amended to delete the imprudent, unproven and ambiguous term “ESG,” to add more balanced examples which reduce misperceptions of ERISA’s fiduciary duties, and to expunge altogether the concept of tie-breaking which violates the duty of loyalty by encouraging the pursuit of collateral benefits.

The fundamental claims of ESG advocates are economically implausible. Such advocates assert that they consistently outperform and manipulate competitive markets. This claim is unpersuasive.

ESG proponents assert that a person making an …

Will Other States Adopt California’S Ab 51 After Its Validation By The Ninth Circuit?, Henry Gluck

Cardozo Journal of Conflict Resolution (CJCR) Blog

Roughly sixty million Americans have relinquished their right to litigate any work-related claims against their employers. This is due to employers including arbitration clauses in employment contracts—a condition of employment that has led to a mass waiver of this constitutionally granted right. The pretext for this phenomenon is that arbitration is cheaper and more efficient than litigation. But in fact, arbitration works to limit employers’ legal exposure and litigation costs, and helps keep incidents of workplace abuse unexposed. Employees are less likely to be awarded damages in arbitration, and the awards are usually smaller. Employees who are governed by forced …

Week Of November 29, 2021 - December 3, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo FAME Center
• Cardozo Women Alumni Group

Abolishing The Corporal Punishment Exception To Child Abuse In New York, Julia Patz

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

Do you condone child abuse? Upon hearing the question, the presumably immediate answer is an unequivocal “no.” This presumption would further flow into the expected answers of the general public. This is a firm notion that we expect most people to hold: Child abuse is bad. Yet, according to a 2021 American Family Survey, fort seven percent of the United States population supports child abuse in some circumstances. While it is true that the child abuse described in the survey had a different name, it is nonetheless child abuse. This “other name” is corporal punishment, which consists of using physical …

Travis Scott: Is He Responsible For A Disaster “Butterfly Effect”?, Eliane Aini

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On November 5, a tragedy occurred at a Travis Scott concert in Houston. Due to a crowd surge during Astroworld, a concert founded and held annually by Travis Scott, at least nine people died, resulting in one of the deadliest concert incidents in years. In response, many are wondering what went wrong and who, if anyone, is responsible.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 24, 2021. The original post can be accessed via the Archived Link button above.

Tom Brady Just Threw His 600th Touchdown Pass: What’S The Catch?, Courtney Leon

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

While the theory of economics can be studied in its raw form, there are applications of it that prevail beyond the fundamental notion of “economics.” A principal theory in economic models is that firms maximize profits in competitive markets. Similarly, in the sports world, such maximization may be accomplished through a coach maximizing his team’s probability of winning through sports trades. “A trade in sports is most commonly an exchange of ‘goods’ between two teams.” An example of a trade in sports is during the NFL Draft, where it is typical for teams to conduct trades with one another in …

Cardozo Law News Brief: November 12, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Samuel Weinstein
• Matthew Wansley
• Edward Zelinsky
• Peter L. Markowitz
• Deborah Pearlstein
• Myriam Gilles
• Gabor Rona

Campus News:

• Professor Andrea Schneider Appointed to Faculty, New Director of the Kukin Program
• Criminal Defense Clinic Hosts Screening of the Film “Attica”
• The Jacob Burns Center Presents "Lawyers Behaving Badly"

Events:

• Exploring NFTs: Opportunities and Intellectual Property Issues
• The Return to the Box Office
• Book Talk with Professor Carissa Byrne Hessick on "Punishment Without Trial: Why Plea Bargaining Is a Bad Deal"

Lawyers Behaving Badly: Episode 1 - The Executive Branch, Benjamin N. Cardozo School Of Law

Cardozo News 2021

What are the risks and ethical responsibilities for lawyers working in the executive branch when asked to defend actions that raise serious constitutional concerns? On November 4 the Jacob Burns Center for Ethics in the Practice of Law held the first discussion in a new series called “Lawyers Behaving Badly,” hosted by Co-Directors Jessica Roth and Anthony Sebok. The first session, entitled “Episode One: The Executive Branch”, featured Cardozo’s Professor Kate Shaw. Shaw is a constitutional scholar and has served in the White House Counsel’s Office as a Special Assistant to the President and Associate Counsel to the President in …

Week Of November 8, 2021 - November 12, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Labor and Employment Law Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Career Services
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Public Service Scholars Program
• Cardozo Startup Society
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• Public Interest Law …

Cardozo Law News Brief: November 5, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Myriam Gilles
• Anthony Sebok
• Kyron J. Huigens
• Barbara Kolsun
• Kathryn Miller
• Alexander A. Reinert
• Gabor Rona
• Michel Rosenfeld
• Stewart E. Sterk

Events:

• The COVID-19 Pandemic, Diversity and Inclusion, and the Practice of Law
• Getting Started in Tech Law: How to Build Your Career
• Attica: Screening and Conversation
• Supporting Mental and Public Health Prevention Work in Atrocity Settings
• “Dupe Influencers” and Fraudulent Advertising: Trademark Infringement on Social Media
• 2021 Lemkin Award Ceremony
• Book Talk with Professor Carissa Byrne Hessick on "Punishment Without Trial: Why Plea Bargaining Is a Bad Deal"

Lawyers Behaving Badly: Episode 1 - The Executive Branch, Jacob Burns Center For Ethics In The Practice Of Law

2021 Event Invitations

On November 4th, the Burns Center will host Cardozo Professor Kate Shaw for a discussion about the special risks that arise when lawyers advising the executive branch provide erroneous advice on matters of constitutional and federal law.

Prompting this program are the revelations that John Eastman - a former law school dean - and Assistant Attorney General Jeffrey Clark advised the White House that the results of the 2020 election could be set aside. What duties did Eastman and Clark owe as a matter of professional responsibility? Who can now respond to Eastman's and Clark's violations of those duties? Are …

Week Of November 1, 2021 - November 5, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Health Law Society
• Cardozo International Law Society
• Cardozo Law Review
• Cardozo Moot Court Honor Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Career Services
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Public Service Scholars Program
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Startup Society
• Cardozo Students for Human Rights
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center …

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

Articles

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …

Fourth Amendment Review 2021, Ekow N. Yankah

Online Publications

When it comes to policing, the U.S. Supreme Court too often plays the role of the garish sun. Scholars counsel that policing is the quintessential local activity, often repeating that the United States has up to 18,000 local police forces, and if one wants to change policing, the place to look is your police chief, sheriff, or mayor. Yet despite our own warnings, we cannot help staring towards that Washingtonian marbled temple, to divine the shape of policing to come. If the Supreme Court cannot readily modify policing in each city and hamlet, it is unique in its ability to …

The Blockchain Easement: Benefits And Drawbacks Of Blockchain Technology In Real Estate, Alexander Aufrichtig

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ask around and many will say that blockchain technology is the greatest thing since sliced bread. Simply put, blockchain technology is a “shared, immutable ledger that facilitates the process of recording transactions and tracking assets in a business network.” Blockchain technology has sprouted the creation of cryptocurrency and is being considered, if not already implemented, across a multitude of industries. The real estate industry is one of the many industries that has turned its attention toward blockchain technology. The main discussion here is how blockchain, within the real estate industry, presents a vast array of potential benefits with a number …

Motion For Leave To File And Brief For Amici Curiae Legal Scholars And Academics In Support Of Petitioner, David Rudenstine

Amicus Briefs

Amici Curiae are legal scholars and academics who have dedicated their careers to the study, teaching and practice of United States constitutional law, including the death penalty and methods of execution. Many amici have written scholarly articles on these topics.

Many amici listed below earlier wrote to this Court in 2018 by submitting a brief in Bucklew v. Precythe, 139 S. Ct. 1112 (2019), to apprise the Court of information regarding the availability of alternative methods of execution to be considered in clarifying the applicable Eighth Amendment standard for method-of-execution challenges. Amici agreed with the Court’s clear statement in …

Afghanistan – What’S At Stake: National Security, Human Rights, And The Rule Of Law, Cardozo International & Comparative Law Review

2021 Event Invitations

Panelists will discuss the history of the Afghan legal system and the obstacles to development. Is democracy a prerequisite to a rule of law system? How, if at all, did Afghanistan’s 2004 Constitution change the legal landscape? Panelists will also discuss peacebuilding strategies and whether international law can be used as leverage over the Taliban, which is now in control of the government. If the Taliban thwarts monitoring efforts about suspected human rights violations, what can be done by the international community as a response?

Who Defends: Judge Sutton's Vision And The Challenge Of A Plural Executive, Katherine A. Shaw

Online Publications

It’s no secret that this is a perilous moment for American democracy. We’re nine months out from a deadly attack on the U.S. Capitol, launched with the explicit goal of disrupting the peaceful transfer of power following the 2020 presidential election. Congress appears gridlocked on basic questions of debt and spending, and the possibility of a default before the end of the year remains a live one, with the covid pandemic still ongoing. The U.S. Supreme Court is facing an unprecedented legitimacy deficit in the eyes of the public. Election experts warn that future American elections, including the 2024 election, …

Climate Attribution Science: A Likely “No” Under Alice, Corey Tam

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“Nature is my ultimate inspiration . . . I have always been drawn to nature.” Those were the words of Andres Amador, a current San Francisco-based artist known for his large-scale works on sandy beaches. He represents the assemblage of artists who have used nature as creative inspiration. However, the current anthropogenic increase in global temperatures, i.e., “climate change,” threatens the natural systems that inspire artists like Andres. Climate change, in turn, threatens artistic creations, both existing and future ones.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 20, 2021. The original …

Week Of October 18, 2021 - October 22, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Entertainment Law Society
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo International & Comparative Law Review
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Intellectual Property Law Society (IPLS)
• Loza & Loza LLP
• The Nilson Law Group, PLLC
• Unemployment Action Center (UAC)

Week Of October 11, 2021 - October 15, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Art Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Life
• Cardozo Office of Student Services & Advising
• Cardozo Public Service Scholars Program
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Students for Human Rights …

First Monday: Cardozo Professors Preview The Supreme Court Term At The Floersheimer Center’S Annual Event, Benjamin N. Cardozo School Of Law

Cardozo News 2021

“With the opportunity to have full audio access to all proceedings, this year’s Supreme Court term will be unique,” Professor Kate Shaw highlighted in the Floersheimer Center’s Annual Supreme Court Term Preview. Shaw was joined by Professors Michael Pollack and Ekow Yankah to present and analyze some of the most notable cases on the Supreme Court’s crowded docket.

Remote Work As An Accommodation Under The Ada In A Post-Covid World, Sean Murphy

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

The COVID-19 pandemic has raised the issue of what role remote work is to play in the future, and how we should use it to ensure fairness and productivity for both employers and employees. This is especially important for people with certain disabilities for whom remote work may be a helpful and flexible option. Even as society gradually returns to in-person work, disability advocates and others will ensure that remote work will remain a topic of discussion as it has proven over the last 18 months to have immense benefits both for people with disabilities and those without disabilities. Remote …

Week Of October 4, 2021 - October 8, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Business Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Federalist Society
• Cardozo Health Law Society
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Life
• Cardozo Office of Student Services & Advising
• Cardozo on the Israeli-Palestinian Conflict (CIPC)
• Cardozo Startup Society
• Cardozo Students for Human Rights
• Floersheimer Center for Constitutional Democracy
• Jewish Law Students Association (JLSA)
• Public Interest Law Student Association (PILSA)
• Women in Tech Law

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.

The Malignancy Of Plea Bargaining, Aaron Hughes

Cardozo International & Comparative Law Review (CICLR) Blog

n Lafler v. Cooper, Justice Kennedy, writing for the majority of the Supreme Court, noted that "criminal justice today is for the most part a system of pleas, not a system of trials. Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas." These numbers have not been consistent: the percentage of criminal defendants opting to plead guilty has only risen over the years. A defendant who pleads guilty forgoes the possibility of being acquitted and therefore receiving no punishment. A right to trial is in part a right to seek to avoid …

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