Digital Commons Network^™

Maine's Right To Food: A Symbolic Right Or A Practical Right?, Tess Bedingfield

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

In November 2021, Maine became the first U.S. state to adopt a constitutional amendment guaranteeing the right to food. The amendment passed by a wide, bipartisan margin of 61% to 31% and states that "[a]ll individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing." Although many states have protected constitutional rights to hunt, fish, and farm, Maine’s constitutional amendment is the first to adopt such broad language enshrining food as an unalienable right. Prior to …

Higher Wages In A High Inflation World: What The United States Can Learn From Icelandic Unionization, Jack Berroug

Cardozo International & Comparative Law Review (CICLR) Blog

Since March 2020 when the COVID-19 pandemic shut down the entire world, inflation has slowly been on the rise. OECD countries across the globe immediately felt the effects of inflation and despite the increase in wages amongst workers globally, inflation outpaced nominal wage growth for many countries. Over the past couple years, many of the capitalist OECD countries have dealt with inflation in various ways with varying degrees of success. One capitalist country in particular has kept up with real wage growth despite inflation: Iceland. Iceland is the most unionized country in the world with 90 percent of its workplace …

A Brief Overview Of The Fair Use Analysis In The Fanfiction Context, Gabriella Fernandez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Fanfiction is a creative process where fans of an original work of fiction develop their own stories based on the characters in that original work. These stories are often shared on fanfiction websites, traditional publishing routes, or popular applications such Wattpad. Unfortunately, some authors of original works may have concerns about fanfiction. They may feel uneasy when fan-created stories gain popularity and recognition comparable to their own original works, as it involves fans benefitting financially or gaining fame from ideas that these fanfiction authors did not originally conceive of themselves. Consequently, authors sometimes resort to legal measures by filing copyright …

Week Of October 30, 2023 - November 3, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Progressive Lawyering And The New York State Solicitor General's Office, Cardozo American Constitution Society (Acs)

2023–2024 Flyers

No abstract provided.

Common Sense Recommendations For The Application Of Tax Law To Digital Assets, Luís Calderón Gómez, Young Ran (Christine) Kim, Edward A. Zelinsky

Online Publications

In response to the Joint Committee on Taxation’s July 2023 request for comments on application of various Internal Revenue Code sections on digital assets, we propose a consistent set of rules to apply current law to digital assets. We highlight that the underlying economics and characteristics of transactions should be the primary concern for the application of rules and the valuation of digital assets. We believe any digital asset rules should (1) treat classes of digital assets with unique characteristics differently based on their economics, (2) minimize incentives for users to engage in tax-motivated structuring of transactions, and (3) allow …

Benjamin N. Cardozo Papers, Dr. Lillian & Dr. Rebecca Chutick Law Library

Finding Aids

This finding aid describes the Benjamin N. Cardozo papers, which include handwritten notes, manuscripts, speeches, essays, and correspondence created by or related to Benjamin N. Cardozo. Materials document his legal thought, professional activities, and correspondence, particularly with his secretary Joseph M. Paley. The collection also includes notes on legal concepts and petitions before the United States Supreme Court.

Repository: Dr. Lillian & Dr. Rebecca Chutick Law Library, Benjamin N. Cardozo School of Law, Yeshiva University

Extent: 3 linear feet (6 boxes)

Arrangement: The collection is arranged in three series: Writings, Speeches, and Notes; Correspondence; and Other Papers. …

Week Of October 23, 2023 - October 27, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States, Ethan Mordekhai

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In 2018, the Supreme Court ruled in Murphy v. NCAA that the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”) violated the anti-commandeering rule and was therefore unconstitutional. PAPSA had effectively barred states from authorizing sports gambling. The act did not make sports gambling a federal crime, however it did allow professional sports organizations to bring civil actions to enjoin violations. Thus, after the New Jersey legislature authorized sports gambling in 2012, the NCAA brought a federal action to enjoin the law on the ground that it violated PAPSA. The case made its way to the Supreme Court, and …

Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Illiberalism and populism challenge liberal constitutionalism and its nexus to distributive justice in its three dimensions of material welfare, identitarian recognition and democratic representation. A Pluralist Theory of Constitutional Justice by University Professor Michel Rosenfeld (Oxford University Press 2022) develops a pluralist approach leading to the “justice essentials” designed to meet the above challenge and to reinvigorate liberal constitutionalism.

Island States Turn To The Law To Fight Climate Change, Adam Auerbach

Cardozo International & Comparative Law Review (CICLR) Blog

The sea is rising. 2023 has seen the highest annual average sea level in recorded history, with sea level measuring four inches above 1993 levels. To many, this may seem inconsequential. However, for those in developing countries, particularly small island nations, rising sea levels present a very real, very pressing threat. For these island countries, the danger of losing their statehood and sovereignty is all too real “as their land surface may be totally covered by the sea or become fully inhabitable” in the near future.

This post was originally published on the Cardozo International & Comparative Law Review on …

Lunch With Former U.S. Supreme Court Clerk And Cardozo Alumnus, Sara Eisenberg '05, Cardozo Office Of Career Services

2023–2024 Flyers

No abstract provided.

Week Of October 9, 2023 - October 13, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

2023 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Gloria Steinem Accepts Cardozo's International Advocate for Peace Award, page 3

Ukrainian Professor Dmytro Vovk Finds a Safe Haven at Cardozo, page 14

Nargis Baran Escapes Afghanistan with Help from Three New York City Law Schools, page 16

Faculty in the Media, page 18

Faculty Scholarship, page 22

Speaking of Law, page 29

A Career of Spirit, page 30

Reframing Crime and Punishment, page 34

Protecting Human Rights Around the World, page 44

Defending LGBTQ+ Civil Rights, page 49

Commencement '23, page 52

Student Briefs, page 54

Alumni events, in Paris, …

Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet

Articles

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …

The Housing Bubble And Consumer Banruptcy (Parts Iii And Iv), David G. Carlson

Articles

During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part II of this two-part article addresses chapter 13 issues, which concern plan modification by the chapter 13 trustee to capture realized and unrealized capital gains. It also covers whether a trustee in a converted case can capture these gains. The law of the coverted chapter 7 case is spectacularly contradictory.

The Abortion Rights Of Teens In The Post-Dobbs Era, J. Shoshanna Ehrlich

Cardozo Journal of Equal Rights & Social Justice

The article examines the erosion of minors' abortion rights following the Supreme Court's Dobbs v. Jackson Women's Health decision, which overturned Roe v. Wade and Planned Parenthood v. Casey. It argues that the post-Dobbs legal landscape disproportionately harms vulnerable populations, particularly teens, by undermining judicial bypass options and intensifying restrictions on abortion access. The analysis critiques the inconsistent application of legal frameworks, such as the "mature minor" rule and emancipation doctrines, which fail to protect teens' autonomy. The article advocates for recognizing minors as constitutional persons with medical self-consent rights to counter these restrictions.

Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan

Cardozo Law Review

On August 5, 2020, five members of a family were killed when their house was set ablaze. Kevin Bui admitted to investigators that he and two other teens burned the house down after his iPhone had been stolen. He used the Find My application and located his phone at the Green Valley Ranch home. It was not until the next day while reading the news about the arson that he realized he had targeted the wrong residence.

A Rights-Based Approach To Determining Venue For Immigration Removal Hearings, Maleah Bradley

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Context At The Periphery: The Rise Of The Critical-Contextual Legal Education Reform Movement, Cara R. Shaffer

Cardozo Journal of Equal Rights & Social Justice

The article argues that legal education must reform by integrating critical-contextual approaches to address declining critical thinking skills and better prepare students for contemporary legal practice. It emphasizes the need to move beyond the traditional Langdell case method, which separates doctrinal learning from practical and contextual understanding, and highlights the importance of interdisciplinary perspectives in legal training.

The Writing On The Wall: A Proposal For Reform Of The Office Of Legal Counsel In The Wake Of The Trump Administration's Border Wall, Sean Dalton

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Office of Legal Counsel (OLC) has become a tool for unchecked executive power, particularly evident in the Trump administration's use of legal justifications for controversial actions like the border wall. The author proposes that Congress has the constitutional authority to reform the OLC to ensure accountability and transparency, addressing the imbalance in separation of powers.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Arguing Arbitration Waiver After Morgan V. Sundance A Path To Hold Debt Buyers Accountable For Abusive Collection Litigation, Noa Gutow-Ellis

Cardozo Journal of Equal Rights & Social Justice

The note examines the impact of the Supreme Court's decision in Morgan v. Sundance on consumers' ability to challenge debt buyers in court under the Fair Debt Collection Practices Act (FDCPA). It argues that Morgan has provided a significant opportunity for consumers to argue that debt buyers have waived their right to arbitration, thereby allowing consumers to pursue FDCPA claims in court rather than being forced into arbitration. The article highlights the abusive practices of debt buyers, particularly their targeting of low-income and minority communities, and proposes strategies to hold debt buyers accountable.

Juvenile Genetic Privacy In New York: Dna Collection And Maintenance Post-Francis O., Cassidy Moon

Cardozo Journal of Equal Rights & Social Justice

The note argues that the compulsory collection and indefinite maintenance of juvenile forensic DNA profiles violate the Fourth Amendment's protection against unreasonable searches and seizures. It asserts that such practices are particularly problematic for minors due to their heightened privacy interests, the low recidivism rates among juveniles, and the contradiction with the juvenile justice system's focus on rehabilitation and confidentiality. The note advocates for legislative reforms, such as New York Senate Bills 998 and 3104, to address these issues and protect juveniles' privacy rights.

Adjudicating Algorithms: Accountability In Regulation Of Surveillance, Privacy, And Discrimination, Peter Margulies

Cardozo Law Review

The movement for accountable algorithms has attained critical mass. That momentum includes a range of areas where the collection of data plays a key role, including privacy, online disinformation, surveillance, and screening for credit, housing, employment, and government benefits. For example, the White House has released an Artificial Intelligence (AI) Bill of Rights that outlines standards and recourse for a host of AI applications that touch human needs and endeavors. Assessments, disclosure, and procedures for filing complaints about abuse are frequent features in this turn toward accountability. However, at least in the United States, accountability is still a set of …

Holistic Claim Construction, Lidiya Mishchenko

Cardozo Law Review

Jurisprudence in the area of defining patent scope is opaque and inconsistent. District courts and litigants cannot be certain of the bounds of the exclusive territory covered by a patent—defined by the patent’s claims—until the Court of Appeals for the Federal Circuit—the single patent appellate court in the nation—says what it is in an appeal after final judgement. The appellate court appears to simply redo the analysis of the district courts, yet often inexplicably reaches a different conclusion based on the patent’s text. Though much has been written about the Federal Circuit’s unpredictable, textualist approach to claim construction, no scholarship …

Beneficial Conflicts Of Interest, Anita K. Krug

Cardozo Law Review

Conflicts of interest exist in both professional and private settings, and everyone experiences them from time to time. If a person harboring a conflict acts on it—meaning the person acts against interests she ought to uphold—innocent parties may be harmed. Accordingly, the key to addressing a conflict in most settings is to eliminate it, such as by prohibiting conflicted behavior or recusing oneself from a deliberative process. However, conflicts of interest have a special character in the securities realm, both because they are ubiquitous given financial firms’ myriad competing interests and because the goal of the agency charged with addressing …