Digital Commons Network^™

Redistricting: Federal Law, State Constitution, And The Courts, Arisha Andha

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

Gerrymandering through the method of redistricting poses a grave threat to our democracy. Redistricting is the redrawing of voting districts to reflect the census data collected every decade. Redistricting is supposed to be a bipartisan process that is reflective of the population, but laws surrounding the practice allow for partisan manipulation and racial discrimination. The practices of including or excluding specific groups from specific districts, also called gerrymandering, allow for districts to be redrawn so that the district favors one political party over another in elections and is inherently undemocratic Section 2 of the Voting Rights Acts (VRA) prohibits any …

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

“That Little Girl Was Me”: Kamala Harris And The Civil Whites Of 1964 And Beyond, Maureen Johnson

Cardozo Law Review

No abstract provided.

Taming Immigration Trauma, Raquel E. Aldana

Cardozo Law Review

This Article documents the United States’ century-long efforts to humanize our borders. In the end, law has been insufficient to tame immigration law’s enforcement. How the United States enforces borders, however, can and should be more humane. Two important principles should guide this process. First, the United States should recognize that borders’ impacts are as severe as other forms of punishment, especially when the means to enforce the immigration power have become indistinguishable from criminal enforcement. Second, human trauma should guide immigration policy toward meaningful inclusion. After significant reckoning over the travesty of shutting our borders, the United States has …

Damn The Torpedoes! An Unprincipled, Incorrect, And Lonely Approach To Compassionate Release, Christopher J. Merken, Barnett J. Harris

Cardozo Law Review

When Congress passed the First Step Act in 2018, it extended to federal prisoners the right to file their own motions for compassionate release under 18 U.S.C. § 3582(c)(1)(A). As COVID-19 ravaged prisons, sentencing courts received a massive influx of prisoner-filed compassionate-release motions. But because the United States Sentencing Guidelines and the relevant Application Note predated the First Step Act, and therefore made no mention of prisoner-filed compassionate-release motions, sentencing courts were unsure whether they had discretion to determine whether a prisoner presented “extraordinary and compelling circumstances” warranting compassionate release.

Every United States Court of Appeals to consider whether sentencing …

Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss

Cardozo Law Review

No abstract provided.

Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko

Cardozo Law Review

No abstract provided.

Landlord Liability For Tenant-On-Tenant Harassment Under The Fair Housing Act, Mary Karapogosian

Cardozo Law Review

No abstract provided.

The Implications Of New York’S Gender Expression Non-Discrimination Act For Transgender Housing In Prisons, Rebecca Barrett

Cardozo Law Review

No abstract provided.

South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn

Cardozo International & Comparative Law Review (CICLR) Blog

During the Korean War, about 50,000 to 70,000 South Korean soldiers were taken prisoner of war (POW) by North Korea and its allies. While North Korea claimed that most South Korean POWs expressed to remain in North Korea and repatriated only 8,343 POWs, 80 South Korean POWs who escaped from North Korea told a different story. Most testified that they were never asked whether they want to return to South Korea, and some testified that they were forced to say they want to remain in North Korea. Held captive against their will, 50,000 South Korean POWs were sent to North …

Landlord Duties To Combat Tenant-On-Tenant Discrimination Under The Fair Housing Act, Nicholas Cinquina

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

Congress passed the Fair Housing Act (“FHA”) during the Civil Rights movement, seeking to dispel discriminatory practices in the United States housing market. Relevant here, the FHA makes it unlawful to discriminate against protected class members in the “terms, conditions, or privileges of...rental of a dwelling, or in the provision of services or facilities in connection therewith....” Additionally, under the FHA, it is unlawful to “...interfere with any person in the exercise or enjoyment of...any right granted or protected...in this title.” Whether the FHA can be construed to make it unlawful for a property owner to acquiesce in tenant-on-tenant discriminatory …

The Legality Of Russian Gray-Market Imports, Ruben Attia

Cardozo International & Comparative Law Review (CICLR) Blog

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …

Brief Of Law Professors As Amici Curiae In Support Of Applicants’ Application To Vacate The Injunction Entered By The United States Court Of Appeals For The Eighth Circuit, Pamela Foohey

Amicus Briefs

Amici curiae Dean Erwin Chemerinsky and Professors William Araiza, Matthew Bruckner, Pamela Foohey, Jonathan Glater, Luke Herrine, Dalié Jiménez, Jeffrey Lubbers, Chrystin Ondersma, Peter Shane, and Peter Strauss are professors of law at universities throughout the United States, with expertise in student financial assistance programs under Title IV of the Higher Education Act of 1965 and administrative and constitutional law. Amici file this brief in support of Applicants because this case presents important questions within amici’s professional expertise, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory …

The Supreme Court Revisits Affirmative Action: The Potential For A Major Decline In Diversity, Jessica Waldman

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

Affirmative action was conceived amidst the civil rights movement of the 1960s as an attempt to create more opportunities for people who have been historically disadvantaged based on their race, religion, or sex. According to the Legal Information Institute, “[a]ffirmative action is defined as a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” In accordance with the policy for government employers, many universities and colleges began to adopt similar policies to combat the historical racial discrimination in higher education, having an effect of more …

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …

Cardozo Welcomes Alumni For First In-Person Reunion In Three Years, Benjamin N. Cardozo School Of Law

Cardozo News 2022

On November 14, Cardozo alumni from class years ending in 2, 3, 7 and 8 reunited, reconnected and reminisced at Cardozo Reunion: Homecoming 2022. This year was especially significant as it was the first in-person Reunion since the onset of the COVID-19 pandemic. The presenting sponsor was Seeger Weiss LLP and the bronze sponsors were Cole Schotz P.C., Marc Lieberstein '92 and Kilpatrick Townsend & Stockton LLP, and Meltzer, Lippe, Goldstein & Breitstone, LLP.

Brief Of Amici Curiae On Behalf Of Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller

Amicus Briefs

Amici curiae are professors who research, write, and teach about disability law, special education, civil rights, and administrative law. They are interested in the proper application of the statutes that protect disabled students’ rights and in the scope of exhaustion doctrine. Amici also have an interest in preserving the ability of parties to voluntarily settle disputes, particularly in the context of the legislative schemes here, which encourage cooperation between parties.

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

The Floersheimer Center for Constitutional Democracy invites you to join us for a conversation with New York Times bestselling author and Supreme Court reporter Dahlia Lithwick to discuss her book, Lady Justice. Cardozo Professor Kate Shaw will moderate.

Click here to view the flyer.

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022 Event Invitations

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

• Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

• Lindsay Nash, Associate Professor of Law, Co-Director of …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022–2023 Flyers

Click here to view the event invitation.

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Distinguished Lecture Series, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

The Supreme Court's 2022 Term with Kate Shaw, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy.

Netflix Copyright Lawsuit Results In Final Curtain For “Unofficial Bridgerton Musical.” Could Other Fanworks Be Next?, Madeleine Higgs

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Shortly after the first season of the Netflix television show Bridgerton debuted, another project began. Struggling musician Abigail Barlow found inspiration in the show, which she felt had an inherent quality that lent itself perfectly to a Broadway-style musical. After a clip of herself singing a Bridgerton-inspired song went viral on TikTok, Barlow teamed up with fellow musician Emily Bear, and the work to create a full album based on the show began in earnest. Hype continued to build throughout the songwriting process, as Barlow and Bear’s songs amassed roughly thirty-six million likes on TikTok, and before long, the album …

Race Discrimination In Temporary Protected Status: Why Honduras Still Lacks Sufficient Protection, Maleah Bradley

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

In November 2020, Hurricane Eta, a category 4 hurricane, slammed the coast of Honduras and caused widespread flooding and destruction across the whole of Central America. Just two weeks later, Hurricane Iota, a category 5 hurricane, hit an already-reeling Honduras, causing water levels to reach rooftops, completely washing away bridges, and causing billions of dollars in damage across the country. In the area of the Ulua River near San Pedro Sula, water levels rose almost a meter higher than the highest-recorded levels during the infamous Hurricane Mitch in 1998. These hurricanes affected more than 4.5 million people in Honduras alone, …

Abu Zubaydah And Publicly Available State Secrets, Hunter Rebetti

Cardozo International & Comparative Law Review (CICLR) Blog

In 2002, the Pakistani government arrested Abu Zubaydah, a suspected lieutenant of the terrorist group Al Qaeda, before passing him off to the Central Intelligence Agency (CIA). Early on in Zubaydah’s imprisonment he was moved between various CIA detention cites. Zubaydah claims the CIA held him in a detention site (aka “black-site”) in Poland during 2002 and 2003. Neither the CIA, nor any other branch of government, have confirmed that there is a detention site located in Poland.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2022. The original post can be …

The Pga Tour V. Liv Golf: The Antitrust Case, Alexandria Ciadrullo

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There has been controversy in the world of professional golf over recent months with the emergence of LIV Golf. Funded by Saudi Arabia’s Sovereign Wealth Fund, LIV has undergone criticism for being a tool used to “sportswash” Saudi Arabia’s terrible human rights record and improve the image of the Kingdom. Despite these critiques, LIV has managed to entice ten of the world’s top-fifty golfers by offering hundreds of millions of dollars in guaranteed money.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2022. The original post can be accessed via the …

Europe’S War On Loot Boxes, David Azrak

Cardozo International & Comparative Law Review (CICLR) Blog

Among the more pernicious forms of video game monetization, the much-reviled loot box, a digital capsule of collectible goods, faces ever ratcheting calls for regulation within the European Union. This past June, a group of twenty consumer rights organizations from eighteen European nations formally called on EU authorities to regulate the industry practice viewed as deceptive and predatory. Accounting for $15 billion in revenue in 2020 alone, including $1.6 billion in sales from publisher Electronic Arts’ (“EA”) various sports titles, loot boxes comprise a sizable chunk of industry revenue streams. They are here to stay it seems, at least for …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

On the eve of mid-term elections in which polls find large majorities of Americans worried about the future of U.S. democracy, scholars and journalists are tracking growing interest here in the successful path of autocratic leaders abroad. Do once-democratic countries like Hungary offer American populists a meaningful roadmap for reforming the structures of U.S. democratic governance and constitutional law?

Moderator: Deborah Pearlstein, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy

Panelists:

• Zack Beauchamp, Senior Correspondent, Vox
• Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Public and International …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Click here to view the recording.

Are Safe Haven Laws An Adequate Replacement For Abortion Rights?, Sophia Foster

Cardozo International & Comparative Law Review (CICLR) Blog

The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization had a devastating impact on an individual’s right to choose. By holding that there is no constitutional right to abortion, the Court overturned decades of precedent that had protected a person’s bodily autonomy, resulting in negative effects on a pregnant person’s rights. But there were other, less obvious, effects of the decision as well. One of these results is a renewed attention on a minimally discussed law – a law that all fifty states have some version of. This law, commonly known as a safe haven law, …