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Judicial Interpretation By Bankruptcy Courts And The Department Of Education Regarding The Application Of The Undue Hardship ("Brunner") Standard To Student Loan Discharges, Anda Totoreanu

Cardozo Journal of Equal Rights & Social Justice

The note examines the stringent application of the Brunner standard in student loan discharge cases, highlighting the inconsistent judicial interpretations and the DOE's rigid stance, which disproportionately affects minority communities. It advocates for reforms, including legislative changes and judicial discretion, to address the systemic inequities.

A Court Of Chaos And Whimsy: On The Self-Destructive Nature Of Legal Positivism, Joshua J. Schroeder

Cardozo Journal of Equal Rights & Social Justice

Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Diaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions ofhuman rights. They furthermore rejected the judiciary's equitable power to enforce human rights independently ofpolitics by characterizing the old Chancery of England as a court of chaos and whimsy, adopting John Selden's religious rejection of equity as a "roguish thing."

As Bertrand Russell recounted in his History of Western Philosophy, the philosophical avatars of German, French, and English despotism, Hegel, Rousseau, …

People Over Profits: Why A Private Right Of Action In The Occupational Safety And Health Act Is Necessary During The Covid-19 Pandemic, Olivia Nevola

Cardozo Journal of Equal Rights & Social Justice

The Occupational Safety and Health Act (OSHA) lacks a private right of action, leaving employees without direct legal recourse against employers for violations, despite the critical need for such protections, especially highlighted by the COVID-19 pandemic. The note argues that amending the Act to include an explicit private right of action would enhance enforcement, hold employers accountable, and provide necessary remedies for workers, supplementing the insufficient administrative process and workers' compensation laws.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

Cardozo Law News Brief: June 16, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Deborah Pearlstein
• Kate Shaw
• Edward Zelinsky
• Pamela Foohey
• Michael Herz
• Lindsay Nash
• Michel Rosenfeld
• Stewart Sterk

Ukrainian Professor Dmytro Vovk Finds A Safe Haven At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

When Dmytro Vovk taught The Rule of Law in Context this spring, Cardozo students heard his firsthand account of how he and his family witnessed the Russian invasion of Ukraine from his home just 30 miles from the Russian border. When the war broke out, he had to quickly decide how to protect his family.

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

Amicus Briefs

As a matter of state law, New York’s own regulations and case law do not permit taxation of Professor Zelinsky’s income earned at home in Connecticut for the COVID-19 period starting on March 15, 2020. Even if New York law permitted the taxation of Professor Zelinsky’s Cardozo salary during this COVID-19 period, as a matter of federal constitutional law, the Due Process and dormant Commerce Clauses do not permit New York’s taxation of this salary earned in Connecticut. In addition, Zelinsky v. Tax Appeals Tribunal, 1 N.Y. 3d 85 (2003), cert. denied, 541 U.S. 1009 (2004), does not apply to …

Cardozo Law News Brief: June 9, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Kate Shaw
• Matthew Wansley
• Samuel Weinstein
• Emmanuel Arnaud
• Rebecca Ingber
• Kate Levine
• Michel Rosenfeld
• Anthony Sebok

Campus News:

• Cardozo Celebrates the Class of 2023
• The Class of 2023’s Achievements Celebrated at Pre-Commencement Awards Ceremony
• Nargis Baran Flees Afghanistan and Starts a New Chapter at Cardozo

Memorandum On Reopening The Dodd-Frank Act Section 956 Incentive Compensation Rule, Michael E. Herz, Ronald Levin, Nina A. Mendelson, Peter M. Shane, Peter L. Strauss

Online Publications

Professor Michael Herz, along with four other administrative law professors, sent a letter to six agencies about legal options regarding a long-delayed rule aimed at executive compensation.

2023 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

Michael J. Burstein, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Welcome Remarks:

Melanie Leslie, Dean, Benjamin N. Cardozo School of Law; Class of 1991

Commencement Address:

Hon. Joseph A. Greenaway Jr., United States Court of Appeals for the Third Circuit

Student Remarks:

Xènia Campàs Gené, LL.M. Class Speaker, Class of 2023

Talia Heller, J.D. Class Speaker, Class of 2023

Student Bar Association Awards:

Hannah Petitti, SBA President, …

Disclosure Of Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel

Online Publications

This proposed recommendation identifies statutory reforms that, if enacted by Congress, would provide clear standards as to what legal materials agencies must publish and where they must publish them (whether in the Federal Register, on their websites, or elsewhere). The amendments would also account for technological developments and correct certain statutory ambiguities and drafting errors. The objective of these amendments would be to ensure that agencies provide ready public access to important legal materials in the most efficient way possible.

Professor Bernard W. Bell (Rutgers Law School), Professor Cary Coglianese (University of Pennsylvania Law School), Professor Michael Eric Herz (Benjamin …

Inventing Deportation Arrests, Lindsay Nash

Articles

At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …

Beyond Offense: Why The First Amendment Does Not Protect Deliberate Misgendering, Molly Dower

Cardozo Law Review

No abstract provided.

Survival Homicide, Michal Buchhandler-Raphael

Cardozo Law Review

A significant number of women who are incarcerated in American prisons for homicide offenses have been subjected to various forms of domestic abuse, including physical, sexual, and psychological abuse. This Article coins the term “survival homicide” to refer to cases where survivors of substantial and repeated domestic abuse kill abusive intimate partners or other abusive family members in circumstances where the abuse significantly contributed to their act. Abuse survivors are often prosecuted for murder and are over-punished by the criminal legal system.

Existing legal frameworks underlying survival homicide rest on exercising considerable discretion by various institutional actors, including prosecutors, juries, …

Table Of Contents - Cardozo Law Review, Volume 44, Issue 5

Cardozo Law Review

No abstract provided.

A Proportionality Analysis Should Govern Home Rule Disputes, Darien Shanske, David A. Carrillo

Cardozo Law Review

Despite more than a century of reform, state constitutional law governing the state–local relationship remains unsatisfactory. Current doctrine governing intrastate federalism struggles with the same issues as the more familiar interstate federalism doctrine does: in both contexts courts have failed to choose between categorization and balancing. Two recent trends highlight this unsatisfactory pocket of state constitutional jurisprudence. One is hyperpreemption, where punitive state laws override local regulations and invade traditional zones of local police power. The other pressure point is the nationwide housing crisis, which provokes intrastate conflict when state governments act to preempt local zoning to permit more, denser, …

The End Of Government Speech, G. Alex Sinha

Cardozo Law Review

Thirty years ago, the Supreme Court created the government-speech doctrine to protect certain forms of government action against First Amendment challenges. The government must speak to govern, the thinking goes, and the First Amendment regulates private rather than governmental speech. Therefore, government action that is classified as “government speech” should not be vulnerable to free-speech claims. The doctrine has since been used accordingly, vaccinating certain government programs against the First Amendment. For example, the doctrine has insulated regulations banning federally funded medical providers from counseling patients about abortion; advertising campaigns spearheaded by the federal government; state-level choices about which specialty …

A No Man’S Land Of Fair Use: Marano V. The Metropolitan Museum Of Art, Sarah Landry

Cardozo Law Review

No abstract provided.

The Forgotten Jurisprudence Of Parole And State Constitutional Doctrines Of Vagueness, Kristen Bell

Cardozo Law Review

The majority of carceral sentences in the United States include the possibility of discretionary release on parole. Most such sentences, however, are unconstitutionally vague. Their unconstitutionality has gone unnoticed because contemporary scholarship and litigation about vague laws have focused on the U.S. Constitution in lieu of state constitutions. This Article unearths historic state court decisions holding that sentences that end through the discretionary judgment of a parole board are “void for uncertainty.” Although state void for uncertainty doctrines share some similarity with the federal vagueness doctrine, they are far more demanding as applied to criminal punishment. By urging revival of …

How To Alleviate The Repercussions Of Wrongful Convictions: Holistically Righting The Wrongs Of Inadequate Compensation Statutes, Marissa Cohen

Cardozo Law Review

No abstract provided.

Cardozo Law News Brief: May 5, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Mauricio Noroña
• Jacob Noti-Victor
• Young Ran (Christine) Kim
• Anthony Sebok
• Deborah Pearlstein
• Jessica Roth

Campus News:

• Gothamist and WNYC Cover Work of Professor Mauricio Noroña and Immigration Clinic Students to Bring NY Man Deported 20 Years Ago Back to U.S.

Events:

• Class of 2023 Commencement

Montana Is Trying To Ban Tiktok. What Does The First Amendment Have To Say?, Deborah Pearlstein, John Dellamore

Online Publications

Last month, Montana became the first U.S. state to pass a bill banning TikTok from operating within its borders. If Governor Greg Gianforte signs some version of the bill, it will become the first statewide ban in the country to take direct aim at the popular social media app, which various U.S. government officials have warned poses a serious national security threat. But while Montana may be the first to act, significant gaps remain in the public debate surrounding both the nature of the threat that TikTok presents, and the constitutional questions that trying to regulate it might create.

May 2023 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The May 2023 Annual Report prepared for The Laura and Isaac Perlmutter Foundation highlights the achievements of the Perlmutter Center for Legal Justice in its first year. The report covers events, partnerships with organizations like Legal Aid, and the launch of initiatives such as the Forensic Science Education Program. It introduces key staff members and emphasizes the Center's mission to promote justice by addressing unreliable forensic science, educating legal professionals, and providing services through the Freedom and Clemency Clinics. Overall, the report showcases the Center's commitment to advancing legal justice and making a positive impact.

Rethinking Party Autonomy In Trust Law, Stewart E. Sterk

Articles

The article critiques the current approach to party autonomy in trust law, particularly the freedom granted by the Second Restatement of Conflict of Laws for settlors to choose the governing law for their trusts. The author argues that this freedom, rooted in historically uniform trust laws, is now outdated due to the diversification of state trust laws, especially regarding issues like perpetual trusts and asset protection. The analysis advocates for a more restrictive approach to party autonomy, prioritizing the settlor's domicile and home state policies to prevent manipulation and ensure fairness, particularly for third parties affected by trust arrangements.

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

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Emmanuel Arnaud
• Young Ran (Christine) Kim
• Rachel Landy
• Deborah Pearlstein
• Michael Pollack
• Anthony Sebok

Campus News:

• Perlmutter Center for Legal Justice at Cardozo School of Law Celebrates Release of Bruce Bryant Following Clemency Victory

Events:

• Class of 2023 Commencement

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Articles

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

Election Fraud In Romania, Mara Nicole Chiriac

Cardozo International & Comparative Law Review (CICLR) Blog

Election fraud is a severe issue that has plagued Romania's political system for decades. The electoral process in Romania has been affected by a variety of fraudulent conduct, from suspicions of vote buying to cases of ballot stuffing. This is a significant issue that must be addressed to safeguard the future of the democratic process in Romania and the integrity of its elections.

This post was originally published on the Cardozo International & Comparative Law Review on April 27, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Harm Egalitarianism, Michael E. Herz

Articles

No abstract provided.