Digital Commons Network^™

Between A Rock And A Hard Place: The Implications Of St. Bernard Parish Government V. United States On Flood Takings, Mariel Talmage

Cardozo Law Review

No abstract provided.

From Museum To The Auction Block: Regulating The Deaccessioning Of Art, Jenny Lyubomudrova

Cardozo Law Review

No abstract provided.

Reallocating Redevelopment Risk, Michael C. Pollack

Articles

Scores of cities across the country face devastating financial crises, and the COVID-19 pandemic has brought even more to the brink. But economically distressed municipalities have few places to turn for help. Saddled by rising unemployment, weak tax bases, and state law limitations on deficit spending and debt assumption, they generally cannot spend their way out. And as conditions deteriorate, mobile capital and labor move to greener pastures, further hollowing out the cities they leave behind. With state and federal lifelines tenuous at best, offers by large developers to redevelop an area of the city can thus appear to be …

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 …

Cardozo Faculty Ranked 33rd In U.S. For Scholarly Impact, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Cardozo Law School’s faculty ranks 33rd in the nation for scholarly impact, according to the newly released version of the Leiter Scholarly Impact Score, which is conducted every three years by Professor Greg Sisk and colleagues at the University of St. Thomas School of Law and reported in Brian Leiter’s Law School Reports. The report looks at mean and median citations to tenured faculty scholarship for the years 2016-2020 inclusive.

Cardozo Law News Brief: August 19, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Michel Rosenfeld

Campus News:

• Cardozo's J.D. Class of 2024 Begins Its Law School Journey at In-Person Orientation
• Sean McLaughlin '21 Wins the 2021 ABA James B. Boskey Law Student Essay Contest on Dispute Resolution

Cardozo Law News Brief: August 6, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Melanie Leslie
• Kate Shaw
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Felix Wu

Breaking The Logjam: Principles And Practice Of Congressional Oversight And Executive Privilege, Katherine A. Shaw

Testimony

My name is Kate Shaw, and I am a Professor of Law at Cardozo Law School, where my work focuses, among other things, on executive power and questions of constitutionalism outside the courts. Before I entered law teaching, I worked as an Associate Counsel in the White House Counsel’s Office, from 2009–2011.

I understand that the purpose of today’s hearing is to evaluate recent breakdowns in the process for resolving conflicts between executive privilege and congressional oversight. My testimony will therefore offer some brief background on executive privilege, both generally and in the context of Congress’s exercise of its oversight …

Cardozo Law News Brief: July 29, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Michelle Adams
• Deborah Pearlstein
• Kate Levine
• Edward Zelinsky
• Pamela Foohey
• Michel Rosenfeld
• Felix Wu

Cardozo Law News Brief: July 16, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Rebekah Diller
• Leslie Salzman
• Peter L. Markowitz
• Pamela Foohey
• Kathryn Miller

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, …

A Critique Of Federal Rule Of Criminal Procedure 23(B)(2)(B) And A Proposal To Level The Playing Field For Defendants, Zachary Buda

Cardozo Law Review

No abstract provided.

Defining Necessary Deadly Force For Police: A Framework For Interpreting California’S A.B. 392, Alison Goldman

Cardozo Law Review

No abstract provided.

Introduction, Kate Levine

Cardozo Law Review

No abstract provided.

Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge

Cardozo Law Review

No abstract provided.

Victims, Right?, Anna Roberts

Cardozo Law Review

In criminal contexts, a “victim” is typically defined as someone who has been harmed by a crime. Yet the word commonly appears in legal contexts that precede the adjudication of whether a crime has occurred. Each U.S. state guarantees “victims’ rights,” including many that apply pre-adjudication; ongoing “Marsy’s Law” efforts seek to expand and constitutionalize them nationwide. At trial, advocates, judges, and jury instructions employ this word even though the existence or not of crime (and thus of a crime victim) is a central question to be decided. This usage matters in part because of its possible consequences: it risks …

The Inadequacy Of The Impossible: Obtaining Post-Conviction Dna Testing In Alabama, Trena Riley

Cardozo Law Review

No abstract provided.

Bursting The Auto Loan Bubble In The Wake Of Covid-19, Pamela Foohey

Articles

Before the COVID-19 pandemic, auto loans outstanding in the United States had soared to record highs. The boom in lending spanned new and used cars and traditional and subprime loans. With loan delinquencies also hitting new highs almost every quarter, predictions that the auto lending market could burst soon abounded. When the economy came to a grinding halt and unemployment skyrocketed in the wake of the pandemic, auto lenders knew they were facing a crisis. Throughout 2020, auto lenders granted more payment forbearances to consumers, while slashing interest rates on new loans. Auto manufacturers similarly made promises to buyers, such …

Cardozo Law News Brief: June 25, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Rebekah Diller
• Leslie Salzman
• Kate Shaw
• Ekow N. Yankah
• Kathryn Miller
• Jocelyn Getgen Kestenbaum
• Arthur Jacobson
• Lindsay Nash
• Jessica Roth
• Samuel Weinstein

Cardozo Law News Brief: June 11, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Peter L. Markowitz
• David Rudenstine
• Deborah Pearlstein
• Alexander A. Reinert
• Jocelyn Getgen Kestenbaum
• Anthony Sebok

Campus News:

• Cardozo Modifies Curriculum to Address Racism and the Law
• CLIHHR Releases New Module on Reparations in Law Teaching Guides Series
• Cardozo Mourns the Loss of Judge Robert Katzmann, U.S. Circuit Judge of the U.S. Court of Appeals for the Second Circuit

For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein

Online Publications

Each time I read a new article or interview with an American lawyer or legal scholar reacting to the recent decision by the Facebook Oversight Board (FOB) to invoke international human rights law in sustaining Facebook’s suspension of Donald Trump – I feel seized by the impulse to respond with an unsolicited public primer on what international human rights law (IHRL) is. It is not an unfamiliar feeling. On the contrary, the impulse (which I experience as uncomfortably paternalistic) has emerged repeatedly in the past, say, 20 years, during any one of countless exchanges with lawyers or academics who have …

Clihhr Releases Reparations Module For Inclusion In Law Teaching Guides Project, Benjamin N. Cardozo School Of Law

Cardozo News 2021

As we mark the anniversary of the wave of racial justice protests that swept the country in 2020 and the Juneteenth holiday, Cardozo is working to respond to the urgent call to teach students more about race and racism.

Cardozo Law News Brief: June 3, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Edward Zelinsky
• Peter Goodrich
• Peter L. Markowitz
• Ngozi Okidegbe
• Michel Rosenfeld
• Richard Weisberg

Campus News:

• Cardozo’s Class of 2021 Completes Their Law School Journey with Live Graduation Ceremony in Central Park

Events:

• 29th Annual Public Service Celebration

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 …

Table Of Contents - Cardozo Law Review, Volume 42, Issue 3

Cardozo Law Review

No abstract provided.

Exhausting Comity-Based Abstention In The Fsia’S Expropriation Exception, Avi Rosskamm

Cardozo Law Review

No abstract provided.

One Or Many? Critiquing New York’S "Unfortunate Event" Test For Determining Occurrences In Light Of The Passage Of The New York Child Victims Act, Kharis Lund

Cardozo Law Review

No abstract provided.

The Role Of Justice In The Constitution: The Case For Social And Economic Rights In Comparative Perspective, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Reproductive Justice And Transformative Constitutionalism, Cynthia Soohoo

Cardozo Law Review

No abstract provided.

Freedom From Thirst: A Right To Basic Household Water, Martha F. Davis

Cardozo Law Review

No abstract provided.