Digital Commons Network^™

A Concept Of Shared Principles And The Constitutional Homogeneity In Europe: The Case Of Subsidiarity, Volker Roeben

Cardozo International & Comparative Law Review

The article explores the concept of subsidiarity as a shared legal principle in both the European Union (EU) and German law, focusing on its role in ensuring the accountability of central authority while safeguarding the autonomy of peripheral legislatures. It highlights the convergence of the Court of Justice of the European Union (CJEU) and the German Federal Constitutional Court (FCC) on a rationale of legality, aimed at preventing central overreach into peripheral competences. Despite this alignment, the article notes divergent outcomes in the application of subsidiarity, with the FCC more frequently invalidating federal legislation compared to the CJEU's more restrained …

Interior Landmark Designation And Regulation: Should Government Regulate Publicity Inaccessible Interior Landmarks, Victoria Tesone

Cardozo International & Comparative Law Review

The note argues that government regulation of interior landmarks should be contingent upon public access, as such regulation otherwise fails to serve its intended public benefit and unjustly burdens property owners. It proposes that without public access, landmark designation should not impose regulatory obligations on property owners, and suggests that the financial burden of preservation should shift to taxpayers rather than private owners.

Policing Pregnancy Loss: Misuse Of Abuse Of A Corpse Laws, Monica Siwiec

Cardozo International & Comparative Law Review

The note examines the misuse of abuse of a corpse laws to criminalize pregnant persons for pregnancy loss, arguing that such prosecutions violate constitutional principles, including the void-for-vagueness doctrine and equal protection. These laws, originally designed to regulate corpse desecration and mistreatment, are increasingly being applied in ways that disproportionately target marginalized groups, particularly women of color. The analysis highlights how the broad and vague language of these statutes enables arbitrary enforcement, undermining legal clarity and perpetuating reproductive injustice.

Dignity, Freedom, And Digital Rights: Comparing American And European Approaches To Privacy, Virginia Kozemczak

Cardozo International & Comparative Law Review

The note examines the contrasting approaches of the United States and the European Union to digital privacy, emphasizing how the US prioritizes liberty while the EU focuses on dignity. It argues that US privacy law, particularly under the Fourth Amendment, struggles to adapt to technological advancements, as seen in cases like Carpenter v. United States. In contrast, the EU's framework, guided by Article 8 of the European Convention on Human Rights, offers more comprehensive protections by addressing the broader context of data collection and processing. The author suggests that the US could enhance its privacy protections by adopting elements …

The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz

Cardozo International & Comparative Law Review

The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.

Prostitutes And Policing - Analysis Of Tactics Used To Reduce The Demand For Sex, Morgan Helfman

Cardozo International & Comparative Law Review

The note critically examines the tactics used to reduce demand for commercial sex, focusing on the Nordic Model and its implementation in the U.S. It argues that while these tactics aim to deter buyers through shaming and criminalization, they raise ethical, legal, and practical concerns, particularly regarding police misconduct and the impact on marginalized communities. The analysis advocates for a shift toward education and rehabilitation over punitive measures to address the root causes of prostitution.

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.

Changing The Way We See Modern Policing: Abolition Or Reform, Kathryn Miller, Marbré Stahly-Butts, Mecole Jordan-Mcbride, Kate Levine, Benjamin Tucker, Kumar Rao

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the historical and systemic roots of mass incarceration in the United States, tracing its origins to the 13th Amendment, Black Codes, convict leasing, and the war on drugs. It critiques the prison industrial complex as a system of oppression rooted in racism, capitalism, and heteropatriarchy, and advocates for transformative reforms to dismantle policing and incarceration. The analysis emphasizes the need to move beyond superficial reforms and instead adopt abolitionist approaches that address the root causes of systemic violence and inequality.

The Role Of Torts In The Fight Against Nonconsensual Pornography, Lindsay Holcomb

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Recent Federal Withdrawal Of Limitations On Supplemental Environmental Projects And Importance To Environmental Justice Initiatives, Christina Giordanella

Cardozo Journal of Equal Rights & Social Justice

The note discusses the significance of Supplemental Environmental Projects (SEPs) in advancing environmental justice, particularly benefiting low-income and minority communities. It highlights the Biden administration's reversal of Trump-era restrictions on SEPs, which previously limited their use. The article argues that SEPs are legally valid tools supported by Congress through various environmental statutes and court rulings, despite challenges from the Trump administration. It emphasizes the need for explicit Congressional authorization to secure the future of SEPs and expand their use in settlements.

Medical Marijuana Patients: Discrimination & The Search For Employment Protections, Joshua Weisenfeld

Cardozo Journal of Equal Rights & Social Justice

All too often medical marijuana patients are fired when their employer discovers that they medicinally consume marijuana. Picture this, you have just been diagnosed with an extremely rare form of cancer, you are devastated, but return to work knowing that your life depends on you keeping your healthcare through your employer. Soon after, you begin chemotherapy ("chemo") and find yourself in some of the worst pain, nausea, and discomfort you have ever experienced in your lfe. Your oncologist prescribes a handful of pharmaceuticals that are supposed to alleviate the side-effects from chemo, but you find that, at best, they make …

Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.

Confusion In The Marketplace: Anti-Bds Laws And Free Speech Principles, Patrick Keogh

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Protecting The Children Of Indian Country: A Call To Expand Tribal Court Jurisdiction And Devote More Funding To Indian Child Safety, Adam Crepelle

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal framework governing Indian country, particularly the Supreme Court's decision in *Oliphant v. Suquamish Indian Tribe*, has failed to protect Indian women and children from violence, perpetuating a crisis of sexual assault, child abuse, and murder. It contends that affirming tribal sovereignty and expanding tribal jurisdiction over non-Indians are essential to addressing these issues and ensuring the safety and well-being of Indian children.

Scanning For Bias: A Neuroscientific Response To Policing With Implicit Bias, Jeanelly Núñez

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Racial Equality And Inequality In America And Lessons From Other Countries, William Y. Chin

Cardozo Journal of Equal Rights & Social Justice

America, a mighty global hegemon supreme in military matters, regards itself as second to none, and where it leads, it expects other countries to follow. But on matters of race, America could follow the examples of countries that have taken the lead in experimenting with racial equality efforts and initiatives. From Brazil's "redemption through reading" prison program to the High Court of Australia's return of land to indigenous inhabitants, much could be learned from the lessons of other countries. That there is still much to learn about racial equality is evident from the police killing of George Floyd, a Black …

Treating Runaway Youth As Criminals: Wrongfully Silencing Their Voices And Issuing Arrest Warrants, Tziona Breitbart

Cardozo Journal of Equal Rights & Social Justice

The note argues that criminalizing runaway youth through the use of arrest warrants and court involvement is harmful and counterproductive. It advocates for a shift in approach, emphasizing the need to prioritize the voices and well-being of runaway youth, eliminate punitive measures, and provide supportive services to address the root causes of their behavior.

Fraudulent Transfers And Juries: Was Granfinanciera Rightly Decided?, David G. Carlson

Articles

In 1989, the Supreme Court ruled that a third party recipient of a fraudulent conveyance had a Seventh Amendment right to a jury trial when a bankruptcy trustee brought suit for a money judgment under Bankruptcy Code section 550(a). This was because, in 1791, an English bankruptcy trustee would have brought fraudulent transfer litigation in a court of law (not a court of equity) and would have obtained a money judgment. I maintain that the Supreme Court committed the classical logical error of Quaternio Terminorum—a false analogy. The analogy was that American bankruptcy trustees are like 18th century English bankruptcy …

The Mdl Revolution And Consumer Legal Funding, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok

Articles

Third-party consumer legal funding, where financial companies advance money on a nonrecourse basis to assist individual plaintiffs with living expenses, is an increasingly popular and controversial part of American litigation. And consumers with mass tort claims pending in Multi-District Litigations (MDLs) constitute the fastest growing sector of those seeking assistance from this billion-dollar funding industry. Policy makers, mass tort plaintiffs' lawyers, and scholars have increasingly raised concerns about exorbitant interest rates and have called for regulations to protect vulnerable consumers from “predatory lending.” To date, however, the policy debate has largely relied on anecdotes and speculation because flinders have not …

Presidential Transitions Within The Administrative State, Michael E. Herz, Katherine A. Shaw

Articles

No abstract provided.

Cardozo Law Ranked Top Ten In The Country For Intellectual Property (#10) And Alternative Dispute Resolution (#8) By Us. News & World Report, Benjamin N. Cardozo School Of Law

Cardozo News 2021

The U.S. News & World Report Law School Rankings were announced March 30 and Cardozo School of Law held its place at 53rd in the nation in the 2022 rankings. Cardozo is a top ten school nationally in IP (#10) and Dispute Resolution (#8). The law school is #1 in New York City for Dispute Resolution and #2 in New York City for Intellectual Property.

Professor Rebecca Ingber Testifies Before House Rules Committee, Benjamin N. Cardozo School Of Law

Cardozo News 2021

Professor Rebecca Ingber testifed March 23 before the House Rules Committee, at a hearing examining possible reforms to the War Powers Resolution. The panel included Tess Bridgeman, CoEditor-in-Chief, Just Security; Senior Fellow and Visiting Scholar, NYU Law's Reiss Center on Law and Security and John B. Bellinger III, Partner, Arnold & Porter; former Legal Adviser to the Department of State and the National Security Council.

Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber

Testimony

Professor Rebecca Ingber testified at a U.S. House Committee on Rules hearing on March 23, 2021, titled "Article I: Reforming the War Powers Resolution for the 21st Century."

Week Of March 22, 2021 - March 26, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo ADR Competition Honor Society
• Cardozo Alumni Association
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo Federalist Society
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Law Review
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Cardozo Women's Law Initiative (WLI)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Heyman Center on Corporate Law and Governance
• Kirkland & Ellis LLP

Cycling Through Litigation: The Ultimate Cost Of Not Entering Into Appropriate Sync Licensing Agreements, Nancy Kartos

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

As fitness companies transform into entertainment companies, new licensing issues arise regarding music in an at-home work-out video versus music heard in an in-person gym class. Specifically, the usage of music in a gym class requires a public performance license whereas watching that same class from home requires a sync license because the “music is synchronized with visual media output.” Over the past 3 years, Peloton has faced a snowball effect in litigation, beginning with an allegation that they did not have the sync licensing required for their at-home workout videos. First, as discussed below, the National Music Publishers’ Association …

Dramatic Rise In State Bills Targeting Transgender Student Athletes, Cecily D'Amore

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

2021 has brought a dramatic increase in the number of states proposing bills to regulate the participation of transgender athletes in school sports. More specifically, these bills target transgender women’s participation in women’s athletics, with proponents stating that they are seeking to “protect . . . female sports from being destroyed.” The American Civil Liberties Union (“ACLU”) noted that in 2020, legislation was introduced to this effect in eighteen states. Just in the first two months of 2021, however, twenty-four states had introduced similar legislation. Sports Illustrated, on March 12, 2021, noted that that number is now up to twenty-six. …

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

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Leslie Salzman
• Rebekah Diller
• Myriam Gilles
• Rebecca Ingber
• Alexander A. Reinert
• Edward Stein
• Michelle Adams
• Ngozi Okidegbe
• Anthony Sebok
• Aaron Wright

Campus News:

• Bella Pori '21 Receives 2021 Paris Baldacci Scholarship for Outstanding Student Work on LGBT Rights
• Dean Melanie Leslie Appoints Rachel McNassor Associate Dean of Advancement

Events:

• Heyman Center presents In-House: The Role of General Counsel
• Diamond Anniversary: 75 Years of the Lanham (Trademark) Act
• FAME and Retail & Luxury Alumni Group Presents Negotiating Social Media Influencer Agreements – A View from Both Sides of the Table
• Inaugural Jacob Burns Center Award for …

Should Schools Be Permitted To Monitor And Punish Students For Speech On Social Media?, Laura Cohen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

May a school monitor and discipline a student for her content on social media? This blog post will explore the foundations of student speech law and how courts are trying to adapt the principles established in an analog era to an ever-connected digital world. With the Supreme Court having recently granted certiorari in a case involving student speech on social media, I will explore potential concerns with abandoning a school’s ability to police students’ online activity, while also looking at when a school might go too far in surveilling and punishing a student for her speech on social media platforms. …

Political Campaigns And Microtargeting, Jen Endick

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On January 6, 2021, rioters overcame police barricades and unlawfully entered the United States Capitol. In the weeks leading up to the attack on the Capitol, Facebook had been displaying ads for tactical gear and military equipment next to content that contained election misinformation. Facebook accounts that followed extremist content were targeted to receive these kinds of ads.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 16, 2021. The original post can be accessed via the Archived Link button above.