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Sidewalk Living, Michael C. Pollack

Articles

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these finite …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Cardozo Law Review

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Complicit Nullification: The Illegitimate (Abrogation) Of School Religious Liberty Precedent, Amanda Harmon Cooley

Cardozo Law Review

Louisiana has enacted legislation that mandates the display of the Ten Commandments in every public school classroom. This statutory mandate directly contradicts the Supreme Court’s extant precedent in Stone v. Graham. Legislators in Texas, North Dakota, South Dakota, Oklahoma, Tennessee, and Kentucky have also indicated plans to introduce similar unconstitutional legislation, defying the Supreme Court’s interpretations of the First Amendment’s Religion Clauses. Similarly, Texas and Florida now permit public school chaplains or Bible-based public school curricula, which violates the Court’s longstanding prohibitions on such actions, as established in its 1948 ruling in Illinois ex rel. McCollum v. Board of Education …

Necessity Or Preference? Navigating The Role Of Physical Presence In The Post-Pandemic Workplace, Shelby Wray

Cardozo Law Review

The COVID-19 pandemic fundamentally altered how society conceptualizes the spatial boundaries of the workplace, proving that businesses can operate effectively without requiring employees’ physical presence. As remote work gained legitimacy during the pandemic, longstanding assumptions about where jobs can be performed—and where legal protections apply—have come into question. In particular, the scope of the Americans with Disabilities Act (ADA) has become increasingly hazy, especially regarding when the ADA is triggered outside of the physical workplace.

Currently, there is a circuit split as to whether employees with disabilities are entitled to ADA protections for their commute to work. This Note addresses …

The Abortion Case The Supreme Court Has Been Waiting For?, Rachel Landis

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

This past week, Louisiana’s Attorney General filed a lawsuit, Markezich v. FDA, challenging the distribution of medication abortion to patients without an in-person doctor’s appointment. When the Supreme Court rejected a challenge to the Food and Drug Administration’s (“FDA’s”) approval of mifepristone in 2024, it was considered a setback for the anti-abortion movement.  Markezich confronts the FDA’s approval of telehealth, and the Supreme Court could rule differently this time because of key differences in standing.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 26, 2026. The original post can be …

Cardozo Law News Brief: February 13, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the February 13, 2026, Cardozo Law News Brief include:

• Professor Lindsay Nash spoke to The Intercept about Google complying with ICE subpoenas, raising concerns about privacy rights and the lack of judicial oversight for individuals whose data is disclosed.

• Professor Peter Markowitz was quoted in Gothamist regarding ICE’s arrest of an immigrant at a New York City courthouse, describing the ongoing tension between federal enforcement efforts and NYC sanctuary laws.

• Professor Zalman Rothschild’s congressional testimony on religious opt-outs in school lessons was covered by UPI, where he discussed the constitutional limits and implications of broad religious exemptions. …

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Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy

2025–2026 Flyers

No abstract provided.

Testimony Of Professor Zalman Rothschild Before The House Subcommittee On Early Childhood, Elementary, And Secondary Education Regarding Mahmoud V. Taylor, Zalman Rothschild

Testimony

On February 10, 2026, Professor Zalman Rothschild, Horn Family Distinguished Research Scholar in Law and Religion at the Benjamin N. Cardozo School of Law, testified before the House Subcommittee on Early Childhood, Elementary, and Secondary Education of the House Committee on Education and Workforce. His testimony addressed the Supreme Court’s decision in Mahmoud v. Taylor and its implications for parental rights, religious liberty, public education, vaccination mandates, and compulsory schooling.

Professor Rothschild situates Mahmoud within the broader constitutional tradition shaped by Pierce v. Society of Sisters, West Virginia Board of Education v. Barnette, and Wisconsin v. Yoder …

Cardozo Law News Brief: February 6, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the February 6, 2026, Cardozo Law News Brief include:

• Professor Lindsay Nash was quoted in The Washington Post on Homeland Security’s use of secretive subpoenas, and spoke to the Minnesota Star Tribune about immigration enforcement via welfare data requests.

• Professor Andrea Schneider spoke to Fortune about Gen Z job seekers offering to reduce their salaries and how it can signal desperation to employers.

• Professor Sam Weinstein told Bloomberg Law that Google may be more concerned about divestiture than damages in major ad monopoly cases.

• Professor Gabor Rona wrote for Lawfare about the Trump administration’s Maduro operation and its …

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President Trump & Control Of Administrative Agencies: The Firing Of Mspb Member Cathy Harris, Jacob Burns Center For Ethics In The Practice Of Law, Floersheimer Center For Constitutional Democracy, American Constitutional Society, Cardozo Chapter, Cardozo Labor And Employment Law Society, Cardozo Outlaw

2025–2026 Flyers

Former Merit Systems Protection Board (MSPB) member Cathy Harris will join her attorney, Nathaniel Zelinsky, for a discussion of her lawsuit challenging President Trump’s removal of her from the MSPB. The case tests the limits of presidential control over independent administrative agencies.

Trump & Control Of Admin. Agencies: The Firing Of Mspb Member Cathy Harris, Jacob Burns Center For Ethics In The Practice Of Law, Jessica A. Roth, Cathy Harris, Nathaniel Zelinsky

2026 Event Invitations

Former Merit Systems Protection Board (MSPB) member Cathy Harris will join her attorney, Nathaniel Zelinsky, for a discussion of her lawsuit challenging President Trump’s removal of her from the MSPB. The case tests the limits of presidential control over independent administrative agencies.

The event will be moderated by Professor Jessica Roth.

The Free Exercise Of Religion As A Privilege, Kyron J. Huigens

Articles

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

Cardozo Law News Brief: January 30, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the January 30, 2026, Cardozo Law News Brief include:

• The Perlmutter Foundation expanded its support for Cardozo’s Perlmutter Center for Legal Justice, increasing its contribution to $16 million, with up to $2 million more committed.

• Professor Lindsay Nash spoke to USA Today, TIME, and Lawyer Monthly about ICE’s claims that it does not need judicial warrants to enter homes, emphasizing the constitutional concerns.

• Professor Haiyun Damon-Feng was quoted in The Guardian regarding constitutional issues raised by Trump’s ICE deployment in Minneapolis.

• Professor Alexander Reinert spoke to The Marshall Project about the legal barriers civilians face when …

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Bauer Lecture 2026, Cardozo Law Review

2025–2026 Flyers

Join us for a keynote address by Michael Waldman, President and CEO of the Brennan Center for Justice at NYU School of Law. A nonpartisan law and policy institute that focuses on improving systems  of democracy and justice, the Brennan Center is a leading national voice on voting rights, money in politics, criminal justice reform and constitutional law.

P*Law 2026, Cardozo Center For Public Service Law

2026 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2026, which will feature panels discussing how to navigate student loans and Public Service Loan Forgiveness, trans rights, a client interviewing workshop, and more! Students must RSVP on Symplicity for the events they plan to attend. Faculty and staff are welcome to attend any session, no RSVP required.

Cardozo Law News Brief: January 23, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the January 23, 2026, Cardozo Law News Brief include:

• The Perlmutter Center for Legal Justice and Derrick Hamilton celebrated the passage of New York State’s Prison Justice Omnibus Package, marking a major step toward prison reform.

• Professor Lindsay Nash spoke to The Associated Press about a leaked ICE memo allowing warrantless home entries, warning of serious constitutional concerns.

• Professor Kate Levine was quoted in The Economist on police accountability in the wake of the Uvalde school shooting.

Faculty news includes:

• Professor Rebecca Ingber appeared on the Main Justice podcast to discuss the legality of U.S. actions in Venezuela. …

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Historical Revisionism And Public Institutions: The Smithsonian’S Dilemma, Natalia Palacino Camargo

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

On August 10, 1846, President James K. Polk signed legislation establishing the Smithsonian Institution, created from the bequest of British scientist James Smithson, as “an establishment for the increase and diffusion of knowledge.” Structurally, the Smithsonian occupies a unique legal status as a trust instrumentality of the United States: it is governed by a Board of Regents and a Secretary, is separate and distinct from governmental branches of the national government, and holds no regulatory authority beyond its own premises.  While courts have held that it is not a governmental agency, it shares immunity from state and local regulation and …

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash

Amicus Briefs

Amicus curiae brief filed by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Herrera Avila v. Bondi. The brief examines the scope of mandatory immigration detention under the Immigration and Nationality Act and argues that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens seeking admission at the border rather than individuals apprehended within the interior of the United States.

Cardozo Law News Brief: January 9, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the January 9, 2026, Cardozo Law News Brief include:

• Dean Melanie Leslie was named one of The National Jurist’s Most Influential People in Legal Education.

• Professor Rebecca Ingber was quoted in The New York Times on the legality of proposed U.S. military involvement in Venezuela.

• Professor Matthew Wansley commented in The New York Times on robotaxi safety concerns after a power outage stranded Waymo vehicles in San Francisco.

• Professor Jessica Roth spoke to Bloomberg about the release of redacted Epstein-related DOJ files.

Faculty news includes:

• Professor Michel Rosenfeld appeared on Canadian TV to discuss U.S. legal issues surrounding …

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How The Supreme Court’S Inconsistent Approach To Granting Emergency Relief Will Exacerbate, Rather Than Mitigate The Disruption Its Emergency Stay Policy Is Supposed To Address, Harvey L. Reiter

Cardozo Law Review de•novo

The federal government has used the Supreme Court’s emergency or “shadow” docket to great effect this past year, securing stay after stay of lower court rulings that had blocked many of the President’s executive orders. But the Court’s rulings have come, almost invariably, without any explanation of its reasoning. And its opaque and uneven rulings have also come at a potential cost to the Court’s credibility. This Article illustrates the uneven nature of the Court’s rulings by contrasting two lines of cases: (1) the Court’s stays of lower court rulings restoring to their positions FTC, NLRB, EEOC, and MSPB members …

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

2026-2027, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

The Hidden Cost Of Prescription Drug Discount Programs And The Lack Of Legal Protections To Protect Consumers, Gina Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Alumni News, page 15

50 Years of Daring to Illuminate, page 18

A Fearless, Undaunted Approach to Building a New Law School, page 26

50 Years of Daring to Innovate, page 42

Faculty in the Media, page 66

Faculty Scholarship, page 70

Retirements, page 76

Student Briefs, page 79

Alumni Signature Events, page 83

Classnotes, page 87

Cardozo in a Word, page 92

Widening The Avenues For Rehabilitation And Release In The Criminal Legal System Through A Revision Of The First Step Act's Safety Valve Provision In Response To Pulsifer, Drew Svensson

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Supreme Court's decision in Pulsifer v. United States severely undermines the First Step Act by restrictively interpreting the safety valve provision, thereby limiting judicial discretion and increasing incarceration. To remedy this, the note proposes legislative revisions to the safety valve to expand eligibility for relief from mandatory minimums while maintaining public safety.

Hidden In Code: Unmasking Al Bias In Hiring, Katie Rubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that while AI-driven hiring tools offer efficiency, they often automate and amplify systemic biases by relying on flawed historical data, creating a "hidden" form of discrimination. The analysis asserts that existing legal frameworks are inadequate for addressing these algorithmic harms, necessitating urgent federal reforms to ensure transparency and accountability.

Race Conscious Programs After Students For Fair Admissions, Seonwoo Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that the federal government can legally mitigate geographical segregation and economic oppression by implementing race-conscious infrastructure and procurement policies. It contends that such efforts remain a compelling state interest under the strict scrutiny standards established in Students for Fair Admissions (SFFA), provided they are designed to remedy specific, identifiable past government discrimination.

Bankruptcy Preemption Of Malicious Prosecution Actions: Cogan V. Trabucco, Alyssa Knecht

Cardozo Law Review de•novo

This Note examines jurisdiction over state torts that arise during a bankruptcy proceeding. Recently, the Ninth Circuit permitted a collateral attack on a state court judgment regarding malicious prosecution in Cogan v. Trabucco. The Ninth Circuit held that federal courts have exclusive jurisdiction over malicious prosecution actions and that abuse of process state torts are completely preempted by federal law. This decision left the debtor without any redress and divested state courts of jurisdiction over cases under its own tort law. This Note argues the Ninth Circuit, in Cogan, erroneously made “related to” jurisdiction exclusive and incorrectly held that federal …