Digital Commons Network^™

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

Cardozo Law Review

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …

The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May

Cardozo Law Review

No abstract provided.

"Complaints" About Eviction: Central Housing And Minnesota’S Approaches To Retaliatory Eviction Protection, Tyler C. Dixon Iii

Cardozo Law Review

No abstract provided.

Cardozo Law News Brief: May 28, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Deborah Pearlstein
• Kate Levine
• Samuel Weinstein
• Alexander A. Reinert
• Betsy Ginsberg
• Ekow N. Yankah
• Kate Shaw
• Melanie Leslie
• Peter L. Markowitz
• Rebekah Diller
• Leslie Salzman
• Jocelyn Getgen Kestenbaum
• Anthony Sebok

Campus News:

• Students Shine at 2021 Commencement Award Ceremony

Events:

• 2021 Commencement
• 29th Annual Public Service Celebration

Professor Deborah Pearlstein Appointed To The U.S. State Department Historical Advisory Committee, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Professor Deborah Pearlstein, co-director of The Floersheimer Center for Constitutional Democracy, has been appointed to the U.S. State Department Historical Advisory Committee, a 9-member group of historians, political scientists, and U.S. foreign relations law experts who help ensure the timely declassification and publication of government materials sufficient to establish a “thorough, accurate, and reliable record” of major U.S. foreign policy decisions.

Cardozo Law News Brief: May 7, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Richard Weisberg
• Kathryn Miller
• Ekow N. Yankah
• Deborah Pearlstein
• Jocelyn Getgen Kestenbaum
• Lindsay Nash
• Alexander A. Reinert
• Anthony Sebok
• Matthew Wansley

Events:

• A Tribute to the Late Judge Sandra Feuerstein '79
• 2021 Commencement
• 29th Annual Public Service Celebration

Professor Richard H. Weisberg Assuming Emeritus Status In Spring 2021, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Richard H. Weisberg, the Walter Floersheimer Professor of Constitutional Law at Cardozo School of Law, announced that he will retire from teaching at the end of this semester after a long and distinguished career as a professor of law, program director and world-renowned scholar. He is widely praised for his legal scholarship and litigation on behalf of victims of the Holocaust and their heirs, and for providing a measure of justice for World War II victims of Anti-Semitism.

Deeply Fake, Deeply Disturbing, Deeply Constitutional: Why The First Amendment Likely Protects The Creation Of Pornographic Deepfakes, Bradley Waldstreicher

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 42, Issue 2

Cardozo Law Review

No abstract provided.

Nationalism, Populism, Religion, And The Quest To Reframe Fundamental Rights, Susanna Mancini, Michel Rosenfeld

Cardozo Law Review

The article examines how nationalism and populism have increasingly utilized religion to challenge the principles of institutional secularism, which is foundational to liberal constitutional democracies. It argues that these forces exploit the interplay between religion and secularism to undermine pluralism and promote exclusionary agendas. The analysis highlights the tension between institutional secularism, which seeks to separate state and religion, and the contemporary repoliticization of religion, which threatens the pluralistic ethos essential to liberal constitutionalism.

Religious Neutrality, Laïcité And Colorblindness: A Comparative Analysis, Stéphanie Hennette-Vauchez

Cardozo Law Review

No abstract provided.

"And The Oscar Goes To . . .": Why The Academy Awards May Create Antitrust Drama With Proposed Eligibility Rule Changes, Armando Marin Iii

Cardozo Law Review

No abstract provided.

How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel

Cardozo Law Review

No abstract provided.

"What Makes You Think You Can Do That?": How Venue Restrictions Prevent Access To Abortion For Minors In Arkansas, Bella Mancini Pori

Cardozo Law Review

No abstract provided.

Going Rogue: The Supreme Court's Newfound Hostility To Policy-Based Bivens Claims, Joanna C. Schwartz, Alexander A. Reinert, James E. Pfander

Articles

In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court held that a proposed Bivens remedy was subject to an exacting special factors analysis when the claim arises in a “new context.” In Ziglar itself, the Court found the context of the plaintiffs’ claims to be “new” because, in the Court’s view, they challenged “large-scale policy decisions concerning the conditions of confinement imposed on hundreds of prisoners.” Bivens claims for damages caused by unconstitutional policies, the Court suggested, were inappropriate.

This Essay critically examines the Ziglar Court’s newfound hostility to policy-based Bivens claims. We show that an …

Arthex, Inc. And The Assault On Administrative Adjudication, Brian Wohlhieter

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Last month, the Supreme Court heard oral arguments for a case called Arthrex, Inc. v. United States which could have a significant impact on the world of patents but, even more profoundly, on the whole of the administrative state. The argument presented by the lower court is that Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) wield too much power to not be approved by Senate confirmation. Rather than requiring appointment, the Federal Circuit decided to subordinate the APJs to political directors by stripping them of employment protections which are instituted to ensure the crucial Due …

Piracy Paradox In An Era Of Disruption, Cardozo Arts & Entertainment Law Journal

2020–2021 Flyers

No abstract provided.

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.

President Joe Biden Names Professor Michelle Adams To Presidential Commission On The Supreme Court Of The U.S., Benjamin N. Cardozo School Of Law

Cardozo News 2021

President Joe Biden named Professor Michelle Adams to the Presidential Commission on the Supreme Court of the U.S.

Adalah Legal Center For Arab Minority Rights In Israel V. State Attorney’S Office – Cyber Department, Hanan Melcer, Esther Hayut, Alex Stein

Translated Opinions

The petition addressed the question of the authority to conduct “voluntary enforcement” activity for the removal of harmful content from the internet, the manner and configuration of the activity of the Cyber Department of the State Attorney’s Office, and the lack of express statutory authority for the activity.

Background: In accordance with the Work Procedure established by the State Attorney’s Office, the Cyber Department initiates referrals to online platform operators, content providers, and other internet platforms (like Facebook and Google), reporting publications that the State Attorney’s Office deems as constituting an offense under Israeli criminal law, and that also …

Week Of April 12, 2021 - April 16, 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)
• Bet Tzedek Civil Litigation Clinic
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Cardozo Office of Student Services & Advising
• Filmmakers Legal Clinic
• Floersheimer Center for Constitutional Democracy

The First Amendment, Twitter, And Dr. Bandy Lee, Renisha Ricks

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is a raging debate about whether Yale University in terminating Dr. Bandy Lee’s contract violated her constitutional rights to the freedom of speech. At the center of this controversy is Alan Dershowitz, a criminal defense attorney and Harvard Law School professor emeritus who, in July 2019, proclaimed his innocence against sexual misconduct allegations on national television. Specifically, Dershowitz stated that “[David Boies] has an enormous amount of chutzpah . . . to challenge my perfect, perfect sex life . . . .” Months later, on Twitter, Professor Richard Painter compared Dershowitz’s use of the term “perfect” to describe his …

Cardozo Law News Brief: April 9, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Kate Levine
• Christopher Buccafusco
• Kathryn Miller
• Alexander A. Reinert
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Ngozi Okidegbe
• Richard Weisberg
• Victor Wang

Campus News:

• Billboard Taps Ten Alumni to Top Music Lawyers 2021 List

Events:

• 100 Days of Dissent: Unpacking the Ongoing Indian Farmers' Protests
• Advertising Law Symposium
• Framing Britney Spears: Adult Guardianship and an Artist’s Control Over Her Work
• Dean's Speaker Series: A Conversation with Bess Chiu '09, Chief of Staff, Office of the Counsel to the Mayor of New York City
• Cardozo Law Review: Life of a Note
• Kill Switch: The Rise of the Modern …

Week Of April 5, 2021 - April 9, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Antitrust Society Asian Pacific American Law Students Association (APALSA)
• Barbri
• Bet Tzedek Civil Litigation Clinic
• Black Asian & Latino Law Students Association (BALLSA) Alumni Group
• Cardozo ADR Competition Honor Society
• Cardozo Alumni Association
• Cardozo Business Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Law Review
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Diversity & …

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Abortion Delayed Is Abortion Denied: Why The Hyde Amendment's Rescission Of Federal Funding For Medically Necessary Abortions Harms Low-Income Women, Aliza Shatzman

Cardozo Journal of Equal Rights & Social Justice

The article argues that the Hyde Amendment, which restricts federal funding for abortions except in cases of life endangerment, rape, or incest, violates the constitutional rights established by Roe v. Wade. It contends that the amendment disproportionately harms low-income women by denying them access to medically necessary abortions, thereby undermining their health and autonomy. The author asserts that the Hyde Amendment conflicts with the "reliance interest" doctrine outlined in Planned Parenthood v. Casey, where women have come to depend on the availability of abortion services.

Multinational Corporations' Responsibility For Tortious And Human Rights Violations: A Comparative Study, Fatemeh Bagherzadeh

Cardozo International & Comparative Law Review

Many legal systems make it hard for the victims of human rights violations of multinational corporations to have access to their judicial systems. Multinational corporations are so powerful that they can form our lives and also escape liabilities for the damages caused by their activities. The limited liability theory of corporate law enables the parent company of a corporate group to enjoy privileges and avoid its responsibilities for human rights violations. Recently, litigators and human rights activists are trying to hold multinational corporations liable by expanding some well-established, but infrequent applicable theories such as "piercing the corporate veil" theory. Courts …

Aging In The 21st Century: Establishing A Uniform Protection Of Elderly Persons In The United States Through An International And Comparative Law Analysis, Jessica Garcia-Brown

Cardozo International & Comparative Law Review

The article argues that the elderly population lacks robust legal protections both internationally and domestically, with existing measures being fragmented and insufficient. It emphasizes the need for comprehensive federal legislation in the United States and a universal international convention to address elder abuse, neglect, and exploitation. The analysis highlights how current protections fail to provide uniform enforcement and often perpetuate harmful stereotypes by grouping the elderly with disabled individuals. The article advocates for dedicated legal frameworks to empower the elderly, dispel ageism, and ensure their rights are safeguarded globally.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Contractual Protections Against The Resource Nationalism Cycle In Zambia, Sangwani Patrick Ng'ambi

Cardozo International & Comparative Law Review

Foreign direct investment (FDI) in resource rich nations is typically fostered through concession or development agreements, which enable investors to explore and exploit the host State's natural resources. Under these agreements various incentives are offered to the investor by the host State, so as to attract their capital. However, once the investment is sunk, the investor becomes susceptible to the resource nationalism cycle. Investors are particularly vulnerable when the natural resource experiences a sustained upward trend. In such instances, the host State seeks to maximize the benefits accruingfrom the natural resource. This can either be accomplished through reversing the tax …