Digital Commons Network^™

Brief Of Amici Curiae Tax Law Professors, Young Ran (Christine) Kim

Amicus Briefs

Professors Reuven S. Avi-Yonah, David Gamage, Orly Mazur, Young Ran (Christine) Kim, and Darien Shanske (collectively, “Tax Law Professors”) write this amici curiae brief in support of the Appellant in COMPTROLLER OF MARYLAND v. COMCAST — the Maryland Digital Advertising Case.

Many digital transactions currently evade sales taxation in Maryland, even though the closest non-digital analogues are subject to tax. Specifically, digital advertising platforms like Respondents obtain vast quantities of individualized data from and on Marylanders in currently untaxed transactions. The scope and value of these transactions is vast and growing, as they allow advertising platforms the lucrative opportunity to …

Gloria Steinem Accepts The International Advocate For Peace Award At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

On March 29, Ms. Gloria Steinem accepted the 22nd annual International Advocate for Peace (IAP) Award from the Cardozo Journal of Conflict Resolution.

Misuse Of Originalism: The Legal Landscape Of The 2nd Amendment Post-Bruen, American Constitution Society, Cardozo Public Interest Law Students Association

2022–2023 Flyers

No abstract provided.

The 22nd International Advocate For Peace Award, Cardozo Journal Of Conflict Resolution

2023 Event Invitations

The Cardozo Journal of Conflict Resolution presents the International Advocate for Peace (IAP) Award to an individual, organization or group that is exemplary in the field of conflict resolution.

This year, the Journal presents the IAP Award to Gloria Steinem, who has dedicated her life to standing up to power and seeking ways to bring about peaceful change. Ms. Steinem has fought tirelessly in support of marginalized people everywhere, campaigning for the Equal Rights Amendment to the United States Constitution, protesting the South African apartheid system, and more recently working alongside Cardozo Law students at the Lenape Center to address …

Amici Curiae Brief Of Law Professors In Support Of Plaintiffs’ Motion For Reconsideration, Andrea K. Schneider

Amicus Briefs

Proposed Amici are law professors and scholars who focus on dispute resolution, and they are concerned that the Court’s ruling in this case may undermine the equitable administration of arbitration and erode public confidence in arbitration. Proposed Amici file this brief to provide additional context regarding the unconscionable designation of NFL Commissioner Roger Goodell as arbitrator for these civil rights disputes.

Queer Liberation Under International Law, Cardozo Journal Of Equal Rights And Social Justice, Cardozo International & Comparative Law Review, Cardozo Outlaw

2023 Event Invitations

This symposium will equip attendees with an understanding of how global movements, including activists, lawyers, scholars and organizations, navigate and employ international law in pursuit of queer liberation.

Adopting an intersectional feminist framework, this symposium is an acclamation for queer justice everywhere. Introduced by Dean Melanie Leslie, this symposium will explore how international law may subjugate or protect queer populations, how domestic efforts interact with international law and how constitutional laws and international law must evolve for exhaustive social justice.

Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart

Cardozo International & Comparative Law Review (CICLR) Blog

Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated …

The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

2023 Event Invitations

Election litigation in state courts has been increasing across the country, as parties challenge voting restrictions, gerrymandered districts and longstanding practices of election administration.

Join the Floersheimer Center for Constitutional Democracy and the State Democracy Research Initiative at the University of Wisconsin Law School for a conversation with Floersheimer Co-Director Professor Deborah Pearlstein and election experts Professor Richard H. Pildes (NYU School of Law), Deputy Solicitor General Judith Vale (Office of the New York State Attorney General), Professor Carolyn Shapiro (Chicago-Kent College of Law) and Ethan Herenstein (Counsel for Brennan Center’s Democracy Program) to discuss the value and consequences of …

The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

2022–2023 Flyers

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Israeli Supreme Court Project At Cardozo Law Passes 10 Year Milestone, Cardozo Israeli Supreme Court Project

Cardozo News 2023

April will mark ten years for a project at Cardozo School of Law unlike any in the world. The Israeli Supreme Court Project (ISCP) has provided lawyers, judges, political scientists and historians with invaluable resources on issues that have shaped democracy in Israel. The ISCP has translated over 400 opinions of the Court into English from the original Hebrew. These translations are archived on the website Versa as a repository, where relevant articles are also published in a blog devoted to current cases on the docket. They are studied by scholars, laypeople and U.S. Supreme Court Justices, and they are …

What Case Law Suggests About Legislative Attitudes Towards Drag Performance, Zach Cihlar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The so-called “culture war” has conservative politicians setting their eyes on a familiar target in recent months: the LGBTQ+ community. A slew of bills in conservative-leaning states have sought to legally restrict or altogether prohibit drag show performances in public spaces. Since the late nineteenth century, drag has existed as a performative art form consisting of gender-bending, traditionally in the form of male performers dressing as women. As the art form has emerged from its tradition as a subversive art of female impersonation, its commercialization has created a form of modern drag that is more about queer and gender non-conforming …

Cardozo Law News Brief: March 10, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Pamela Foohey
• Young Ran (Christine) Kim
• Lindsay Nash

Campus News:

• Cardozo Civil Rights Clinic's Lawsuit Against Department of Justice and the Bureau of Prisons Discussed in The Nation

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• The Rise and Regulation of Sports Gambling
• PLAYMAKERS for EQUALITY: Title IX, USWNT & Landmark Cases in Women's Soccer
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

The Legal Implications Of Ai Generated Artwork, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Recently, artificial intelligence (AI) artwork has gained tremendous attention in the art world and beyond. Though digitally generated AI art platforms have been available to creators for decades, recent programs have made it possible “to create complex, abstract or photorealistic works simply by typing a few words into a text box.” Because of these new advancements, AI art has widely varied in both form and function: from self-portrait TikTok trends to high end galleries and art competitions.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 8, 2023. The original post can be …

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.

Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.

Panelists:

• Nelson Tebbe, Cornell Law School
• Mark L. Movsesian, St. John's University School of Law
• Elizabeth Reiner Platt, Columbia Law School
• Giselle Klapper, Sikh Coalition

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Should Canada’S Expansion Of Its Medical Assistance In Dying Program Concern Americans?, Tova Wolkenstein

Cardozo International & Comparative Law Review (CICLR) Blog

After suffering from severe chronic back pain and fearing losing his home, 54-year-old Canadian Amir Farsoud applied to Canada’s Medical Assistance in Dying program (MAID) to alleviate the stresses of his life. Farsoud is just one instance of an individual choosing to die with a physician’s help under the new criteria of MAID. As Canada is America’s “neighbor to the North,” the expansion of physician-assisted suicide there might be a canary in the coal mine as to what will happen in the United States, unless there is an active pushback to stop it.

This post was originally published on the …

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Name, Image, Likeness: The Evolution Of College Athletics, Cardozo Arts & Entertainment Law Journal, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

No abstract provided.

The Coming Copyright Judge Crisis, Saurabh Vishnubhakat, Dave Fagundes

Articles

Commentary about the Supreme Court's 2021 decision in United States v. Arthrex, Inc. has focused on the nexus between patent and administrative law. But this overlooks the decision's seismic and as-yet unappreciated implication for copyright law: Arthrex renders the Copyright Royalty Board ("CRB") unconstitutional. The CRB has suffered constitutional challenge since its 2004 inception, but these were seemingly resolved in 2011 when the D.C. Circuit held that the CRB's composition did not offend the Appointments Clause as long as Copyright Royalty Judges ("CRJs") were removable atwill. But when the Court invalidated the selection process for administrative patent judges on a …

No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

Shielded Book Launch, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.

In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …

Brandel Chamblee And The Golf Channel Are Accused Of Defamation In Patrick Reed’S Lawsuit, Alexandria Ciadrullo

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

"The golf world is once again experiencing drama as Patrick Reed recently filed a defamation suit against the Golf Channel and Brandel Chamblee, seeking over $750 million in damages. Reed claims he has been a target of criticism since he was twenty-three years old, with allegations of cheating following him throughout his career due to Chamblee’s commentary. According to Reed, the Golf Channel, and Chamblee have conspired against him to destroy his reputation, discredit his accomplishments, and create a hostile work environment.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 1, 2023. …

Ticketmaster And Live Nation Know Antitrust Laws All Too Well, Olivia Nacionales

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Almost anyone who has been to a concert, sports match, or any type of live event in recent years has likely had to deal with Ticketmaster, which commands a large majority of the ticketing industry. In November 2022, Ticketmaster faced public scrutiny after its website crashed during the pre-sale for Taylor Swift’s Eras tour. Frustrated fans logged off empty handed after hours of waiting and enduring the website’s glitches and eventual crash. Fans that did secure tickets were required to pay various fees, which Ticketmaster notoriously uses to drive up prices and “extract more money from consumers.” The Chairman of …

Turkmenistan's Ban On Beauty Services, Samantha Lauring

Cardozo International & Comparative Law Review (CICLR) Blog

In an act that further restricts the rights of women in Turkmenistan, the Turkmen government has imposed a ban on beauty services and limitations on what women can wear. The ban prohibits women from receiving beauty services from salons, including eyelash and nail extensions, tattoos, injections, and hair bleaching. “Sexy” outfits, tight-fitting clothes, and Western-inspired garments are also prohibited under this new mandate.

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

Beat It: A Proposal To End Bans On Masturbation While Incarcerated, Madison Dougherty

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

There are many rights people forfeit when they are incarcerated; among these is the right to sexual expression. Incarcerated people are punished inconsistently, severely, and arbitrarily for touching themselves. In 2006, Terry Lee Alexander was masturbating alone in a bunk in Broward County, Florida when a female deputy monitoring his cell from a control room over one hundred feet away wrote him up. Alexander was convicted of exposure and sentenced to sixty days in jail. In 2000, a female guard saw Freddie Williams, a then-incarcerated person in a South Carolina prison, turned sideways in his shower towards the wall, stroking …

Fumbling With Free Speech: First Amendment Concerns With The “Super Bowl Censorship Ordinance”, Stephanny Avshalomov

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Super Bowl is a highly-anticipated, star-studded event that appeals to sports fans and commercial-lovers alike. In the 2021 season, it was estimated that at least 208 million viewers watched Super Bowl LVI with the halftime show attracting over 103 million viewers alone. With this in mind, marketers and advertisers are keen on maximizing brand impact, generating brand awareness, and appealing to the wide-range of viewers that gather for this event.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 21, 2023. The original post can be accessed via the Archived Link button …

New York Adult Survivors Act: A Retroactive Opportunity For Accountability And Justice, Cassidy Moon

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

On November 24, 2022, the New York Adult Survivors Act (“ASA”) claim revival period began, providing adult survivors of certain sexual offenses with a one-year opportunity to retroactively file civil claims against their abusers that were otherwise barred by the 20-year statute of limitations. The ASA follows similar revival statutes in New Jersey, California, and New York itself. It grants a legal remedy to survivors of sexual violence who missed their first opportunity to seek justice[5] and seeks to hold powerful abusers, like Donald Trump, accountable for their actions.

This post was originally published on the Cardozo Journal of Equal …

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna

Cardozo Journal of Conflict Resolution (CJCR) Blog

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 16, 2023. The original post can be accessed via the Archived Link button above.

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Join us for a conversation with Indian Supreme Court Justice Shripathi Ravindra Bhat and Professor Saurabh Vishnubhakat, Director of Cardozo’s Intellectual Property & Information Law Program. Hear about Justice Bhat's experience at the highest levels of judicial service and his insight into the law’s perennial capacity for social impact.

Click here to view the flyer.

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Artificial Vs. Non-Artificial Intelligence: What Does Chatgpt Mean For Labor And Employment?, Ahren Lahvis

Cardozo International & Comparative Law Review (CICLR) Blog

ChatGPT has set the world ablaze. The publicly available and free-to-use chatbot is an application programming interface (API) that generates responses to language requests through artificial intelligence (AI), and processes millions of such requests per day. Released for public access in November 2022, ChatGPT can, upon request, produce jokes, TV episodes, music, and computer code. Students now use it to write papers, businesses use it to create promotional materials, and lawyers use it to draft legal briefs.

This post was originally published on the Cardozo International & Comparative Law Review on February 14, 2023. The original post can be accessed …