Digital Commons Network^™

Providing Community Protection From Sex Offenders – At What Cost?, Jessica Novick

Cardozo International & Comparative Law Review (CICLR) Blog

With the release of The Ken and Barbie Killers: The Lost Murder Tapes mini-series documentary on HBO’s Max recently, a renewed focus can be put on the “dangerous offender” status that murderer and serial rapist Paul Bernardo has who is one of the two central figures of the docuseries. Sexual offenders are some of the most feared types of criminals in our current society. Law & Order: SVU just began airing its 25th season, and the enduring legacy of this show and others similar to it has enriched the cultural fear of sex offenders. Now is an important time culturally …

From Punchlines To Pesto To Prada: Exploring Intellectual Property’S Negative Space, Michael Ecker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Intellectual property (“IP”) law serves as the protective cornerstone for the creative industries—an especially important one at a time when unprecedented global connectivity links so many and in the process, so greatly heightens the potential for improper takings. Yet, a growing body of legal scholarship delves into a fascinating counterpoint: the “negative space” of IP. As Kal Raustiala and Christopher Sprigman posit in their Article, The Piracy Paradox, these creative endeavors “remain creative (and consequently do not require protection) precisely because they exhibit positionality sufficiently strong that it provokes a constant stream of new innovation.” This space encompasses creative fields …

Mediation Between States And Criminal Defendants For Post-Conviction Relief Under State Dna Statutes, Nowshin Nawal

Cardozo Journal of Conflict Resolution (CJCR) Blog

With new advances in DNA technology, it has become easier to use DNA testing to find perpetrators of crime where DNA evidence is present. Many incarcerated individuals claiming innocence seek to have the evidence tested during post-conviction in light of new technology. Forty-seven states now have DNA statutes that allow testing during the post-conviction stage. A new problem arises because state prosecutors are often reluctant to agree to DNA testing, which leaves litigation as the remaining method—which is inefficient. The process would be more efficient if a third party worked with the state and the defendant.

This post was originally …

Cardozo Law News Brief: March 22, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Stewart Sterk
• Luis Calderon Gomez
• Young Ran (Christine) Kim

Campus News:

• Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration
• Cardozo’s Civil Rights Clinic Wins Fifth Circuit Appeal for Client in Police Misconduct Case
• Cardozo’s Entertainment Law Week Showcases Alumni Who Have Made it in the Industry

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory

The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

The Future Of “History And Tradition”: The First Amendment Implications Of Bruen, Floersheimer Center For Constitutional Democracy

2024 Event Invitations

Did SCOTUS turn all lower court judges into armchair historians? Could landmark free speech precedents like New York Times Co. v. Sullivan be at risk? How will the Court address modern questions like social media content moderation?

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

Is The Future Private? A Look Into Litigation Under Illinois’S “Bipa” Law, Paige Green

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At Meta’s 2019 “F8” virtual development conference, Mark Zuckerberg stood in front of a presentation screen displaying the words, “the future is private.” Zuckerberg’s talking points centered on “build[ing] a more privacy-focused social media platform.” Increasing Meta’s focus on privacy, apparently, does not include ensuring compliance with Illinois’s Biometric Information Privacy Act (“BIPA”). While not exactly the first of its kind, a recent class action lawsuit against Meta alleges the company violated Illinois’s BIPA law by capturing, retaining, and profiting from the use of plaintiff’s “voiceprint” without disclosing or creating a meaningful retention policy for doing so.

This post was …

Cardozo Law News Brief: March 15, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Myriam Gilles
• Jocelyn Getgen Kestenbaum
• Alma Magana
• Michel Rosenfeld

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Are Frozen Embryos People Too? Unpacking The Alabama Supreme Court’S Controversial Ivf Ruling, Arielle Fetman

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

In a landmark decision, the Alabama Supreme Court recently ruled that frozen embryos created for in vitro fertilization (IVF) purposes qualify as embryos under the state’s anti-abortion laws. This ruling has profound implications for reproductive rights, reinvigorating discussion on the legal status of embryos. The cases at the center of this ruling involved three couples who brought wrongful death suits upon the accidental destruction of their frozen embryos at a fertility clinic. The court’s decision to classify these embryos as minor children, allowing parents to sue for their deaths, highlights the evolving legal landscape surrounding reproductive technologies.

This post was …

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

2023–2024 Flyers

No abstract provided.

Ethics In The Judiciary And The Legal Profession: Are We In Crisis?, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Jacob Burns Center For Ethics In The Practice Of Law

2024 Event Invitations

The recent conduct of Supreme Court justices and lawyers acting on behalf of former president Trump has led many to think that something has gone profoundly wrong at the most elite levels of the American legal profession.

The Future Of Transnational Surrogacy: Where Do Italy And The Uk Stand Now?, Elleme Ko

Cardozo International & Comparative Law Review (CICLR) Blog

The images of thousands of abandoned babies around the world gave the transnational commercial surrogacy market a global spotlight in 2020 when COVID-19 travel bans hit. As borders closed, intended parents or “fertility tourists” were unable to claim newborns born to surrogate mothers in Russia, Ukraine, the United States, and elsewhere. Babies were left for months in hospitals, orphanages, or in the hands of surrogacy agencies. “‘The image’—of the [commercial surrogacy] industry— ‘was really bad.’” Much attention has been paid to the effects of abortion regulation and access to contraception on women’s reproductive freedom. However, the politics of pregnancy through …

Cardozo Law News Brief: March 8, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jacob Noti-Victor
• Jessica Roth
• Alexander Reinert
• Anthony Sebok

Campus News:

• Miriam Lacroix Joins Cardozo as Director of Diversity and Inclusion

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

The Insidious War Powers Status Quo, Rebecca Ingber

Articles

This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

The Consequences Of Nba Commissioner Adam Silver Arbitrating The Dispute Between The New York Knicks And The Toronto Raptors, Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

Back in August 2023, the New York Knicks sent a letter addressed to the owner of the Toronto Raptors Larry Tanenbaum claiming the Raptors are engaging in illegal activity involving a former Knicks employee whom they just hired. They claimed that Ikechukwu Azotam, who at the time of his employment with the Knicks was an assistant video coordinator, “had illegally provided the Raptors with more than 3,000 confidential files.” Several days after the letter was sent the Knicks filed a lawsuit in the U.S. Southern District Court of New York against Maple Leaf Sports & Entertainment (Toronto Raptors), Darko Rajakavic, …

Cardozo Law News Brief: March 1, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Andrea Schneider
• Rebekah Diller
• Pamela Foohey
• Peter Goodrich
• Young Ran (Christine) Kim
• Rachel Landy

Campus News:

• Cardozo’s Race and the Law Course Offerings Give Students a Unique Chance to Learn About How to be an Anti-Racist Future Lawyer
• 14th Annual BALLSA Celebration Honors Kwanza Jones ’99
• Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks at American Academy of Forensic Sciences

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Arbitration's Unraveling, Myriam E. Gilles

Articles

It has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area …

How Adr Can Combat The Rise In Antisemitism And Islamophobia On College Campuses, Cynthia Spitzer

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since the October 7, 2023 massacre in Israel by the terrorist organization Hamas, there has been ongoing strife and protests throughout the world. Such turmoil notably coincides with a rise in hate crimes, antisemitism, and islamophobia, noticed not only on the streets of the United States, thousands of miles away from Israel, but also in the microcosm of college campuses.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 29, 2024. The original post can be accessed via the Archived Link button above.

Cardozo’S Race And The Law Course Offerings Give Students A Unique Chance To Learn About How To Be An Anti-Racist Future Lawyer, Benjamin N. Cardozo School Of Law

Cardozo News 2024

In fall of 2021, Cardozo Law announced new initiatives and expanded course offerings to acknowledge and work to eradicate systemic racism by ensuring that Cardozo graduates are culturally competent and well-educated on issues of discrimination. Since then, the law school has remained steadfast in its commitment to educating students in ways that center black, indigenous and other people of color (BIPOC).

Cardozo Law News Brief: February 23, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Pamela Foohey
• Alexander Reinert
• Jessica Roth
• Luis Calderon Gomez
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Nobody Understands My Language: An International Human Rights Crisis In U.S. Detention Centers, Kayla He

Cardozo International & Comparative Law Review (CICLR) Blog

Since 2016 when President Trump was elected, immigration has become a popular and polarizing topic in America. President Trump supported a hardline immigration policy of preventing migrants from entering the country by actively arresting and detaining migrants. Many human rights experts expressed concerns over the human rights violations at the United States-Mexico border as well as in detention centers. For instance, the American Civil Liberties Union (ACLU) published a report describing the lack of medical access and supplies for basic needs at detention centers. The report indicated that oftentimes, migrants were detained without knowing when they would be released, and …

The Unwelcoming Bench: Understanding Hostile Architecture’S Potential Legal Issues, Jenna Rosenstein

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

On January 12, 2024, the Supreme Court agreed to hear the case of City of Grants Pass, Oregon v. Johnson to resolve the issue of whether an Oregon city’s regulation on public camping constitutes “cruel and unusual” punishment under the Eighth Amendment. The City of Grants Pass enacted three different ordinances that “prohibit sleeping on public sidewalks or streets and camping on streets, parks, or other publicly owned property.” If violated, the offender is “subject to civil citations and can be barred from entering a city park for 30 days. The challengers, three unhoused city residents, sought to block the …

Cardozo Law News Brief: February 16, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Rebecca Ingber
• Edward Zelinsky

Campus News:

• Milbank and Cardozo’s Perlmutter Center Announce Partnership to Advance Criminal Justice Reform
• Professor Rebecca Ingber Appointed to Venice Commission
• Dr. Richard Haass to Receive 23rd International Advocate for Peace Award

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Arbitration In Professional Sports: Is It Time To Move On?, Alessandra Makris

Cardozo Journal of Conflict Resolution (CJCR) Blog

Arbitration clauses are extremely common in the contracts of athletes all over the world. However, with the recent focus on eliminating mandatory arbitration clauses in employment contracts, the question of whether professional sports leagues will start doing the same remains. In the world of professional sports, arbitration clauses can often be found within a Collective Bargaining Agreement (“CBA”) between a players’ association and an owners’ group. Five major professional sports have arbitration clauses in their CBAs: Major League Baseball (“MLB”), National Basketball Association (“NBA”), National Football League (“NFL”), Major League Soccer (“MLS”) and National Hockey League (“NHL”). Typically, the clauses …

Professor Rebecca Ingber Appointed To Serve On Venice Commission, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Professor Rebecca Ingber has been appointed by the U.S. government to serve as one of two U.S. members to the Council of Europe’s European Commission for Democracy through Law. The "Venice Commission," as it is better known, serves as an advisory commission on constitutional matters, democracy, human rights, and the rule of law for the Council of Europe and states around the world.

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Join Dean Leslie and University Professor Michel Rosenfeld for a discussion on “Hate Speech, Academic Freedom and Student Intimidation on College Campuses,” as well as any questions raised by student attendees.

Cardozo Law News Brief: February 9, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Edward Zelinsky
• Rebecca Ingber
• Anthony Sebok
• Young Ran (Christine) Kim

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?