Digital Commons Network^™

Navigating Campaign Finance Reform Through Publicly Funded Elections On The Local Level, Emily Bernstein

Cardozo Law Review

Despite the Constitution’s silence on the issue of campaign finance, the Supreme Court has had a considerable hand in shaping the campaign finance regulatory structure of the United States. There are countless criticisms of the campaign finance system the Court has constructed. On the one hand, some scholars stipulate that, though they are critical of the system, it is an intelligible “product” of the Constitution. On the other hand, others argue that the “vision of democracy” portrayed in money-in-politics decisions is not faithful to the Constitution.

Bolstering New York’S Tenant Protection Law: Ensuring Retroactive Application Under The Heightened Regina Standard, Abigail Strange

Cardozo Law Review

Rent regulation laws have long been a cornerstone of the New York City and New York State housing markets, enacted to combat excessive rent increases that risked pricing out low- and middle-income tenants. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act (HSTPA), which brought sweeping changes to New York’s rental laws, including regulated and unregulated buildings. The HSTPA significantly expanded tenant protections across New York State, and specifically in New York City, which currently has one of the highest monthly rent medians in the country. The passage of the HSTPA was …

Cardozo Law News Brief: September 29, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Alexander Reinert
• Andrea Kupfer Schneider
• Samuel Weinstein
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Rebecca Ingber
• Peter Goodrich
• Young Ran (Christine) Kim

Events:

• Book Launch: Judicial Uses of Images: Vision in Decision
• The International Tax Revolution: A Symposium
• Center for Rights & Justice Book Talk: Radical Acts of Justice
• Bauer Lecture with the Honorable Judge Dale Ho
• Symposium on A Pluralist Theory of Constitutional Justice
• REDRESS Mediation After 25 Years

Brief For Amici Curiae Bankruptcy Law Professors In Support Of Petitioner, Pamela Foohey

Amicus Briefs

Amici, whose names and affiliations are set forth in alphabetical order on Appendix A, are law professors who study the United States’ bankruptcy system. They have published in some of the nation’s leading academic journals on corporate reorganization issues, including the case sub judice. They write solely based on their concern about the effect that the opinion below will have on this system.

Petitioner argues that the decision of the Second Circuit Court of Appeals in this case should be reversed because the United States Bankruptcy Code does not permit the nonconsensual nondebtor release (“NDR”) of the Debtors’ owners (the …

Week Of September 25, 2023 - September 29, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Cardozo Law News Brief: September 22, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Michael Herz
• David Rudenstine
• Kate Shaw
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Alexander Reinert
• Michel Rosenfeld
• Victor Wang

Events:

• The International Tax Revolution: A Symposium
• Center for Rights & Justice Book Talk: Radical Acts of Justice
• REDRESS Mediation After 25 Years

The Scotus Term Preview, Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

The Annual Scotus Term Preview, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Join Professors Rebecca Ingber, Michael Herz, Kate Shaw and Luís C. Calderón Gómez as they talk about what to expect from the Supreme Court in the upcoming term.

The panelists will flag and discuss the most important cases to be heard this Term, including litigation over mifepristone, guns, taxation of unrealized income and the future of the administrative state.

Week Of September 18, 2023 - September 22, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Week Of September 11, 2023 - September 15, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

2023 Event Invitations

Join the Burns Center for a conversation on the Supreme Court with Adam Liptak, who is considered one of the most highly regarded legal affairs journalists in the country. He will be joined by two distinguished Cardozo law professors, Jessica Roth and Alexander Reinert. They will discuss current ethical issues surrounding the court, challenges to the court's legitimacy and upcoming and recently decided cases on issues such as abortion rights, gun regulations, same sex marriage and more.

Barbara Kolsun: A Career Of The Spirit, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The following excerpt is from a keynote speech by Professor Barbara Kolsun, director of The FAME Center for Fashion, Arts, Media & Entertainment, to the Federal Bar Association Intellectual Property Law Section.

Reply Brief Of The Petitioners-Taxpayers Edward A. And Doris Zelinsky, Edward A. Zelinsky

Amicus Briefs

The Division’s Brief confirms that the Tribunal should rule for the taxpayers, Edward A. and Doris Zelinsky Perhaps most egregiously, the Division disparages binding factual stipulations to which the parties agreed at the outset of this litigation. These stipulations confirm that, from March 15, 2020 through December 31, 2020 (“the COVID period”), Professor Zelinsky had no New York office or classroom available to him. Consequently, Professor Zelinsky taught his classes and met with students exclusively on zoom from his Connecticut home. He did not step foot in New York for this nine and one-half month period.

The stipulated facts lead …

To Protect Or Not To Protect?: Unveiling The Courts’ Failures To Hold Law Enforcement Accountable For Inadequate Responses To Mental Health Crises After Wilson V. Gregory, Carly Zdankowski

Cardozo Law Review

No abstract provided.

The Public Administration Of Justice, Nicholas R. Bednar

Cardozo Law Review

Adjudicatory agencies decide who receives social-welfare benefits, which inventions deserve patents, and which noncitizens get to remain in the United States. Scholars have argued that agency adjudication lacks sufficient structural and procedural protections to ensure unbiased decision-making. Yet these critiques miss a -key problem with agency adjudication: the lack of adjudicatory capacity. This Article argues that low-capacity agencies cannot satisfy the Due Process Clause's demand for accurate decision-making. To produce accurate decisions, adjudicatory agencies need sufficient levels of capacity: (1) material resources, (2) expert adjudicators, and (3) support staff When agencies lack these resources, their adjudicators rely on various coping …

Growth Beyond Its Limits - How Much Growth Is Too Much For The Purpose Of The Local Government Antitrust Act Of 1984?, Katherine Stern

Cardozo Law Review

No abstract provided.

Horizontal Price Exchanges, Joseph E. Harrington Jr., Christopher R. Leslie

Cardozo Law Review

The private exchange of prices by competitors has long been a source of anticompetitive concern. Based on claims of possible procompetitive effects, the Supreme Court decided that antitrust challenges to these exchanges should be evaluated under the rule of reason. In reviewing the jurisprudence applying the rule of reason approach to horizontal price exchanges, we find it suspect as it is long on claims of procompetitive benefits but short on economic theory and evidence substantiating those claims. To fill this gap, this Article injects economic reasoning into the judicial discussion. While our analysis identifies several reasons for these exchanges to …

The Meta Oversight Board's Human Rights Future, Laurence R. Helfer, Molly K. Land

Cardozo Law Review

Responses to the new Oversight Board created by Facebook (now Meta) have run the gamut from enthusiastic to overtly suspicious. Many observers are highly skeptical of the Board's ability to hold Meta accountable or to protect the company's users. Much of this skepticism is based on a misplaced analogy between the Board and domestic courts. We argue, in contrast, that the core challenges and opportunities that the Oversight Board faces are similar to those confronted by international human rights tribunals. Analyzing the Oversight Board as a de facto human rights tribunal sheds light on the strengths and weaknesses of its …

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Cardozo Law Review

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies.

Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Jefferson's Ghost: The Local Action Rule In Federal Courts, Jeffrey L. Rensberger

Cardozo Law Review

The local action rule required that certain actions concerning real property be adjudicated in the federal court in the state (and perhaps the district) containing the property. This rule had been apart of the law of the United States since the early days of the nation. In 2011, Congress eliminated the local action rule as a matter of venue. But some courts have held that the local action rule pertains to subject matter jurisdiction, not merely venue, and that it survived Congress's elimination of the venue aspect of the rule. This is wrong as to cases in federal court involving …

Cardozo Law News Brief: July 28, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Matthew Wansley
• Sam Weinstein
• Jessica Roth
• Edward Zelinsky
• Rebecca Ingber
• Michel Rosenfeld
• Deborah Pearlstein
• Dmytro Vovk

2022-2023 Annual Report, Miguel J. Colon Jr.

LARC Annual Reports

The 2022-2023 Annual Report for LARC at the Benjamin N. Cardozo School of Law highlights top downloaded articles and global readership. It outlines goals to enhance the repository, including adding Cardozo Journals. The report emphasizes LARC's commitment to providing a valuable resource for the Law School community and beyond.

A Comparative Law Guide To A Post-Dobbs America, James Hart, Flore Foulon

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. Supreme Court's Dobbs v. Jackson Women’s Health Organization decision, which overturned *Roe v. Wade* and Planned Parenthood v. Casey, necessitates a federal legislative solution to restore abortion rights. Drawing on France's civil law system, the article proposes a clear, comprehensive federal law that guarantees absolute abortion rights pre-viability and includes safeguards post-viability. It emphasizes the need for consistency and clarity, similar to France's approach, to address the legal void left by *Dobbs* and ensure uniform protections across all U.S. states.

The Housing Bubble And Consumer Bankruptcy (Parts I And Ii), 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 I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.

Stopping Runs In The Digital Era, Luís C. Calderón Gómez

Articles

Bank runs, and the financial crises they catalyze and amplify, are incredibly costly-to individuals, families, society, and the economy writ large. Banking regulation has, for the most part, protected us from traditional bank runs for the last ninety years. However, as we saw in the devastating 2008 financial crisis, bank runs can still occur in lightly regulated or opaque segments of the financial sector.

The recent crypto market downturn dramatically forewarned regulators of the potential and significant risks that novel assets could pose to our financial system's stability. In particular, a novel, systemically important asset (stablecoins) revealed its vulnerability to …

2023 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2023 issue of the CLIHHR Newsletter honors the legacy of Benjamin B. Ferencz and reflects on the Institute’s continued commitment to international justice and atrocity prevention. It features tributes to Ferencz’s life and work, updates on student and clinic achievements, including success at the Clara Barton International Humanitarian Law Competition, international fieldwork in Argentina and India, major conferences on sexual and gender-based crimes, faculty engagement in global legal advocacy, and partnerships advancing survivor-centered and intersectional justice. The newsletter highlights CLIHHR’s dedication to human rights education, accountability, and global collaboration.

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Using State Law To Enforce "Affirmatively Further" Fair Housing Obligations: No Longer Fitting A Square Peg In A Round Hole, Andrew Darcy

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.

The Drug Policy Reform Act: Analyzing The Potential Future Of United States Federal Drug Policy, Justin Danziger

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.