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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, …

The Rights Of Non-Regular Workers In Japan, Bailey Cook Dailey

Cardozo International & Comparative Law Review (CICLR) Blog

Lifetime employment used to be the norm in Japan. Workers who are “regular” lifetime employees receive a livable salary, great benefits, a retirement pension as well as protections from termination. “non-regular” workers are workers who aren’t lifetime employees. They have increased rapidly since the 1990s when Japan’s economy faced a significant downturn, and then again in the following decade during the global 2008 recession. The population of non-regular employees has grown from 8.8 million (20% of all workers) in 1990 to 21.6 million (38% of all workers) in 2019, almost doubling in that 30 year range.

This post was originally …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Ferkauf Professors Kailey Roberts And Jennifer Cooper, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Kailey Roberts is an Assistant Professor of Clinical Psychology at Ferkauf Graduate School of Psychology specializing in bereavement and existential psychotherapy. Roberts' research and teaching focuses on understanding existential distress and supporting individuals facing adversity through connection to their unique sense of meaning, identity and purpose. Jennifer Cooper, is an Assistant Professor at Ferkauf Graduate School of Psychology. Cooper’s research agenda is focused on preventing and treating youth mental, emotional and behavioral issues through improving the use of multi-tier frameworks and culturally responsive evidence-based practices in schools. They will discuss "Cultivating Psychosocial Wellbeing in LGBTQIA+ Individuals and Communities."

The Exploitations Of Ndas In Theranos: Exposing The Gaps In Dtsa, Shira Bratt

Cardozo International & Comparative Law Review (CICLR) Blog

Nondisclosure agreements, or NDAs, are contracts typically between an employer and an employee. These were originally created to protect a company’s confidential information, by ensuring that employees can’t disseminate it. NDAs have become commonplace corporate practice to protect confidential information such as trade secrets, or “proprietary processes”. However, there are two general areas that employers have exploited the use of NDAs in recent years. The first has been uncovered through the #MeToo Movement, and the second has recently come to light with the Theranos trial.

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

More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz

Online Publications

In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes means Congress acting through legislation. Given that, it makes perfect sense that the term “legislature” can also sometimes mean the one and sometimes the other. I agree. This post just expands the intratextual analysis.

Weekly Pop-Up Class: Lgbtq Rights And The Crisis Of Democracy, Deborah Pearlstein, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Deborah Pearlstein is Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy. Pearlstein has repeatedly testified before Congress on topics from war powers to executive branch oversight. Her work on the U.S. Constitution, international law, and national security has appeared widely in law journals and the popular press.

Democracy Harms And The First Amendment, Deborah Pearlstein

Articles

The First Amendment tolerates—has long tolerated—the regulation of certain kinds of false speech. Indeed, regulable lies are not limited to traditionally less-protected categories of speech like defamation and commercial deception. They include an array of other established speech regulations, administered by government institutions every day, from criminal laws barring perjury and other lies to government officials, to disciplinary measures by elected bodies sanctioning members for false or otherwise objectionable speech. Yet while it is easy to identify the kinds of lies that existing doctrinal categories make regulable for the personal, physical, or reputational harms they inflict on individuals¸ it has …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Kate Shaw, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Cardozo Professor Kate Shaw is the Co-Director of the Floersheimer Center for Constitutional Democracy. Before joining Cardozo, she worked in the White House Counsel’s Office as a Special Assistant to the President and Associate Counsel to the President. She clerked for Justice John Paul Stevens of the U.S. Supreme Court and Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.

Where We Stand Today With The Public Charge Rule, Rachell Henriquez

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

The Statue of Liberty has become known as the “Mother of Exiles, greeting millions of immigrants and embodying hope and opportunity for those seeking a better life in America [,]” not only to Americans but to all people around the world. Yet, despite being designated as the land of dreams and opportunities, the United States has a long history of denying such dreams and opportunities to marginalized communities. The “public charge” rule refers to inadmissibility and deportability grounds in U.S. immigration law that have constantly barred poor noncitizens and noncitizens of color from obtaining legal status. The public charge rule …

Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ed Sheeran won a copyright infringement lawsuit filed against him for alleged copyright infringement in his popular song “Shape of You” in 2018.The Grammy-winning song, which also holds the title of the most streamed song on Spotify, was accused of being too similar to “Oh Why” by Sami Switch. The lawsuit raised questions for the music industry as to the issues associated with the increase of copyright infringement suits and the damaging effects that they may have on the music industry.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2022. The …

Labeling “The Last Prisoners:” New Legislation Requires New York Museums To Identify Nazi-Looted Artwork, Stephanny Avshalomov

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“[S]he walked through the apartment and she turned to the SS men and she said, ‘Ich habe gernes. Alles.’ – ‘I like it. All of it.’ … they took everything out of [ ] our house.” The “greatest art theft in history” was executed alongside the largest mass murder in history. In 1940, Hitler established the Einsatztab Reichsleither Rosenberg (ERR) solely to confiscate and destroy art in German-occupied territories. When discussing the Holocaust, which included the grueling systematic annihilation of European Jews, the importance of artwork seems trivial. It, however, must be recognized: “You can wipe out an entire generation, …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Rachel B. Tiven, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Rachel Tiven will discuss "A History of U.S. Immigration Exclusion." Tiven is a civil rights leader turned historian. As the head of national non-profits Lambda Legal, Immigration Equality, and Immigrant Justice Corps, Tiven fought for equality for immigrants and LGBTQ/HIV+ people. Tiven has been recognized for her work by the Advocate magazine, New York County Lawyers Association and United We Dream.

Backslide: A Comparison Of The United States And Colombia’S Recent Rulings On Abortions, Ethan Libo

Cardozo International & Comparative Law Review (CICLR) Blog

In 2022, the United States Supreme Court and Colombia’s Constitutional Court both handed out 5-4 decisions heading the opposite way on the issue of abortion. Historically, Latin American countries have been very strict on abortion. The Latin American populace is known to be of devout religious faith and to hold culturally conservative values. However, in 2022, Colombia joined a growing trend in Latin America when the country’s Constitutional Court ruled that the criminalization of abortion under twenty-four weeks is unconstitutional. In 2006, the Constitutional Court upheld the criminalization of abortion. However, the Court at that time carved out exceptions when: …

Prohibiting Slavery & The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

Slavery and the slave trade stubbornly persist in our time, but they receive insufficient attention in international human rights law. Even when courts adjudicate slavery violations, they often fail to characterize slave trade conduct that nearly always precedes slavery. Courts also characterize acts that meet the definition of slavery or the slave trade only as other human rights harms, such as forced labor or human trafficking. This failure to accurately characterize violations also as slavery and the slave trade perpetuates impunity and denies victims full expressive justice. This Article argues for reviving international human rights law’s prohibitions of slavery and …

Generalized Creditors And Particularized Creditors: Against A Unified Theory Of Standing In Bankruptcy, David G. Carlson, Jeanne L. Schroeder

Articles

Courts have struggled toward a unified theory to explain when the trustee has exclusive jurisdiction to sue a third party for harms done to a bankrupt debtor, and when creditors have exclusive jurisdiction to sue the third party. Courts have proclaimed that when every creditor can sue the third party, then none of them can, and the right belongs solely to the trustee. Creditor rights are “generalized.” If only a proper subset of creditors can sue the third party, then the trustee is not able to subrogate to the subset. Such creditors are “particularized.” This paper proclaims the test a …

Appendix To "The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide", Lela P. Love

Articles

No abstract provided.

A Second Look For Children Sentenced To Die In Prison, Kathryn E. Miller

Articles

Scholars have championed “second look” statutes as a decarceral tool. Second look statutes allow certain incarcerated people to seek resentencing after having served a portion of their sentences. This Essay weighs the advantages and disadvantages of these statutes as applied to children sentenced to die in prison and argues that focusing on this small, discrete group may be a digestible entry point for more conservative states who fear widespread resentencing. Moreover, because early data indicates that children convicted of homicide and released as adults have very low recidivism rates, second look beneficiaries are likely to pose little threat to public …

Article 9 Foreclosures: When Is A Sale Not A Sale?, David G. Carlson

Articles

Article 9 of the Uniform Commercial Code empowers a secured creditor to sell collateral. This power is circumscribed. A secured party may not sell before default. A secured party cannot self-deal in a private sale. A pledgee of securities can sell to itself in a private sale if the securities are of a kind that is customarily sold on a recognized market, but the law is unclear what formalities the pledgee must meet to memorialize the sale. A secured party may not sell in a commercially reasonable manner to a buyer with notice of the commercial unreason. This article explores …

Whose Debt Is It Anyway?, Luís C. Calderón Gómez

Articles

Every year, companies issue hundreds of billions of dollars of debt with a feature carrying unclear tax consequences. So do individuals, who frequently tie their most significant financial asset to this type of instrument. Yet this instrument is not an exotic or innovative financial derivative, but is simple vanilla debt with two or more borrowers, or “co-obligated debt”. Co-obligated debt poses a conceptual problem for the law because it does not fit neatly into the simple and dyadic legal framework underlying the law’s conception of debt, where one creditor lends money to one borrower in exchange for a direct promise …

2022 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

The Perlmutter Center for Legal Justice at Cardozo Law, page 14

Faculty Impact on Legal Scholarship, page 16

Cardozo Faculty in the Media, page 20

The Power of Cardozo Clinics, page 24

The Supreme Court Overturns Roe, page 40

Faculty Appointments, page 42

Retirements, page 45

Q&A with Professor Myriam Gilles, page 46

Commencement, page 48

Student Briefs, page 52

Alumni Movers & Shakers, page 58

Class Notes, page 62

The Law And Finance Of Infrastructure Investment, Daisuke Asaoka

Cardozo International & Comparative Law Review

Institutional design facilitates the investment of private capital in infrastructure. The Article deals with concessions, which have been a major format for infrastructure privatization in Japan since their legislation in 2011. It argues that the Japanese government, faced with mounting public debt, walks a thin line between attracting private capital and securing public interest in infrastructure under private operation. By comparing concessions with stock sales, the mainstream form of privatization until the legislation, the Article shows that while concessions have advantages in terms of economics and public interest control, they may hinder the strategic growth of private enterprises by limiting …

Sanctions, Financial Regulation, And Crypto In Latin America, Camilla Oliva

Cardozo International & Comparative Law Review

The note examines the intersection of corruption, financial regulation, and cryptocurrency in Latin America, arguing that U.S. sanctions and the lack of effective financial regulation have inadvertently enabled corruption in the region. It explores how cryptocurrencies, while offering potential solutions to financial instability, are also exploited by corrupt actors and governments to circumvent sanctions and regulatory frameworks. The analysis highlights the dual role of cryptocurrencies as both a tool for financial inclusion and a means of evading accountability, particularly in countries like Venezuela and El Salvador.

Takings Property And Appropriative Water Rights, Luis Inaraja Vera

Cardozo Law Review

The Takings Clause of the Fifth Amendment to the United States Constitution provides that “private property [shall not] be taken for public use, without just compensation.”1 While courts and academics have put considerable amounts of effort into discussing the meaning of “taken” or “public use,” they have given far less attention to the phrase “private property.” Notable scholars have provided a set of definitions and frameworks to determine when a particular right qualifies as takings property. However, courts and commentators have yet to define the types of rights that are entitled to constitutional protection with sufficient precision to avoid an …

A Comparative Look At The Response To Organized Crime In The Ports Of New York-New Jersey And Vancouver, Julia Pjevach

Cardozo International & Comparative Law Review

The note examines the influence of organized crime in ports, focusing on the Port of New York/New Jersey and the Port of Vancouver. It highlights the effectiveness of the Waterfront Commission of New York Harbor in reducing crime through centralized regulation and contrasts it with Vancouver's decentralized approach, which lacks a unified policing mechanism. The analysis underscores the need for stronger regulatory measures and adaptive strategies to combat evolving criminal activities in both ports.

Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer

Cardozo International & Comparative Law Review

The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.

Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer

Cardozo Journal of Equal Rights & Social Justice

The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.

The End Of Forced Arbitration Of Sexual Violence And The Uncertain Future, Heidi M. S. Sandomir

Cardozo Journal of Equal Rights & Social Justice

The note argues that forced arbitration clauses in employment contracts systematically deny justice to survivors of workplace sexual violence by shielding employers from accountability and limiting legal recourse. While the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) represents a step forward by invalidating predispute arbitration agreements for sexual assault and harassment claims, it falls short of fully addressing the issue due to gaps in retroactive application, inconsistent court interpretations, and lack of alignment with Title VII. The note calls for broader legislative reforms to eliminate forced arbitration in all discrimination cases and ensure survivors' access to …

Reckoning With Structural Racism In Legal Education: Methods Toward A Pedagogy Of Antiracism, Doron Samuel-Siegel

Cardozo Journal of Equal Rights & Social Justice

There is an empty quality to much of what passes as "diversity, equity, and inclusion" work in legal education. Despite a robust body ofscholarship on teaching law consistent with the goals of antiracism, many legal educators struggle to put theory into practice. This Article responds to that struggle, offering a holistic, methodical approach to a pedagogy of antiracism whose goal is twofold: create conditions in which racially minoritized students learn to their full potential, free from the harms of traditional legal education; and equip all students, regardless of identity, to contribute to the dismantlement of structural racism. Absent such pedagogy, …