Digital Commons Network^™

Freedom Of Speech: Freedom To Creatively Discriminate?, Lydia E. Lavelle

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Queer Liberation's Long March Towards Equality: How Lgbtqia+ Advocates May Seek To Combat The Rise Of Anti-Lgbtqia+ State-Level Legislation And Substantiate Broader Lasting Legal Protections In A Post-Bostock World, Davis J. Villano

Cardozo Journal of Equal Rights & Social Justice

The note examines the implications of the landmark Supreme Court decision in Bostock v. Clayton County, Georgia, which ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation and gender identity. While this decision represents a significant step forward for LGBTQIA+ rights, the article argues that it does not provide comprehensive protection, as evidenced by the ongoing proliferation of anti-transgender legislation and hate crimes. It emphasizes the need for legislative action, particularly through the passage of the Equality Act, to address these gaps and ensure broader legal protections for LGBTQIA+ individuals.

Hamptons Aesthetics Vs. Shinnecock Rights: How The Federal Government Is Failing To Protect Indigenous Sovereignty From State Judicial Infringement, Lindsay M. Brocki

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflict between the Shinnecock Nation's sovereignty and state interference, highlighting the federal government's failure to protect indigenous sovereignty. It uses the Shinnecock Nation's legal battle over billboards as a case study to argue for stronger federal protection against state encroachment.

The Various Problems And Instabilities With The Implementation Of The Special Immigrant Juvenile Status Statute, Calli Schmitt

Cardozo Journal of Equal Rights & Social Justice

The note examines the Special Immigrant Juvenile Status (SIJS) statute, highlighting its purpose to protect vulnerable immigrant children who have been abused, neglected, or abandoned. However, the implementation of SIJS faces significant challenges, including inconsistent state court interpretations, political interference, and visa backlogs, which undermine its humanitarian goals. The note proposes reforms to address these issues and ensure that SIJS beneficiaries receive the protections and pathways to permanent residency intended by Congress.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Remembering Who Foster Care Is For: Public Accommodation And Other Misconceptions And Missed Opportunities In Fulton V. City Of Philadelphia, Chris Gottlieb

Cardozo Law Review

The Supreme Court’s opinion in Fulton v. City of Philadelphia, which held that a Catholic foster care agency could refuse to accept gay foster parents, and virtually all commentary on the case, are flawed by a profound misunderstanding of key aspects of the foster care system. The case’s role in the broader culture war between religious rights advocates and those supporting LGBTQ equality has led advocates on both sides to use Fulton for their own purposes at the expense of the families the foster care system is intended to serve.

This Article explains that the most important constitutional interests at …

Automating Discrimination: Ai Hiring Practices And Gender Inequality, Lori Andrews, Hannah Bucher

Cardozo Law Review

No abstract provided.

The Lord Is My Strength And My Shield: The Ecclesiastical Abstention Doctrine In In Re Diocese Of Lubbock, Kerri A. Matulis

Cardozo Law Review

No abstract provided.

Far-Fetched Uses Of Drug Detection Dog Alerts: A Case Note On United States V. Braddy, Daniel Kaseff

Cardozo Law Review

No abstract provided.

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

2022 Event Invitations

Dmytro Vovk, Cardozo Visiting Associate Professor will cover Religious Freedom and LGBTQ+ Rights: The European Court of Human Right's Perspective.

Dmytro Vovk runs the Center for Rule of Law and Religion Studies at Yaroslav the Wise National Law University in Kharkiv, Ukraine. He was an expert on human rights and rule of law for USAID, OSCE/ODIHR, Council of Europe and Constitutional Commission of Ukraine.

Book Ban Opponents Face An Uphill Battle With Current Discretionary Review Standards, Zach Cihlar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On October 25th, 2021, Texas State Representative Matt Krause, in his capacity as Chairman of the Committee on General Investigating, circulated a letter addressed to the Texas Education Agency and school-district superintendents. The letter requested that superintendents identify and investigate a list of 800 books possibly held in their districts’ libraries that might contain topics ranging from human sexuality to HIV/AIDS to any material that “might make students feel discomfort, guilt, anguish . . . or psychological distress because of their race or sex . . . .”

This post was originally published on the Cardozo Arts & Entertainment Law …

70 Years Of Dance: Copyrighting Choreography Since 1952, Annie Planker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Choreography has long been a subject of controversy in the world of copyright. Despite its significance in the artistic community and the rise of social media in our everyday lives, choreography has not received the same property protections as other artforms, such as music, painting or sculpture. This is partly due to the transient nature of choreography; copyright law requires “fixed expressions” of works. It is also due to a legal hesitation to limit “social” arts. Lawmakers have little desire to prohibit large masses from participating in cultural activities.

This post was originally published on the Cardozo Arts & Entertainment …

First Monday: Cardozo Professors Preview The Supreme Court Term At The Floersheimer Center’S Annual Event, Benjamin N. Cardozo School Of Law

Cardozo News 2022

The Floersheimer Center held its annual Supreme Court Term Preview on Monday, where Cardozo professors discussed what they believe will be the "blockbuster” cases the Supreme Court will be adjudicating when the new term starts on Oct. 3, also known as “First Monday.”

Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers

Online Publications

This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity under …

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

2022 Event Invitations

The first class will cover the evolution of LGBTQ+ family law in the United States and will be presented by LGBTQ+ legal expert and Cardozo Professor and former Vice Dean Edward Stein, author of The Mismeasure of Desire, The Science, Theory, and Ethics of Sexual Orientation and other scholarly works on sexual identity and the law.

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

Cardozo News 2022

Cardozo launches a weekly pop-up class exploring LGBTQ+ law, policy, history,and civil rights challenges past, present and future with prominent scholars, researchers and movement leaders.

Amicus Curiae Brief Of Professors Anthony J. Sebok And John C. P. Goldberg In Support Of Appellee The Devereux Foundation, Inc., Anthony J. Sebok

Amicus Briefs

Amici Anthony J. Sebok and John C. P. Goldberg are law professors with a particular focus in the field of tort law and damages. As scholars in this field, Amici recognize that the issues raised in this case are of tremendous importance to the history, theory, and development of tort law in the United States. The distinction between compensatory damages and punitive damages has long been recognized in both U.S. and Georgia law. Amici have a distinct interest in this Court reaching a correct decision with the benefit of complete and accurate historical information regarding the awarding of punitive damages …

Amicus Curiae Brief Of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), And Law Professors Pamela Foohey, George Kuney, Robert Lawless, Jonathan Lipson, Bruce A. Markell, Nancy Rapoport, Richard Squire, Ray Warner And Jack Williams, In Support Of The Petitioner, Pamela Foohey

Amicus Briefs

Your amici have taught courses on bankruptcy and commercial law, conducted research, and have been frequent speakers and lecturers at seminars and conferences throughout the United States. Each is highly regarded in this field, and each has made substantial contributions to bankruptcy scholarship and jurisprudence.

The question presented to this Court is as follows: “Whether Bankruptcy Code Section 363(m) limits the appellate court’s jurisdiction over any sale order or order deemed integral to a sale order. . . .” (emphasis added). Pet. i. The answer is that § 363(m) does not limit appellate review of the transaction involved in this …

Drug Court Discrimination: Discretionary Eligibility Criteria Impedes The Legislative Goal To Provide Equal And Effective Access To Treatment Assistance, Kalyn Heyen

Cardozo Law Review

No abstract provided.

Where Do We Draw The Line? The Deliberate Indifference Standard And Why Vulnerability To Sexual Harassment Matters In Title Ix Liability, Laëtitia Krisel

Cardozo Law Review

No abstract provided.

Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku

Cardozo Law Review

The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Before and after they understand language, they learn by observing and imitating the actions of their parents. For almost fifty years, Roe v. Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …

Child Pornography And Criminal Justice Reform, Dawinder S. Sidhu, Kelsey Robinson

Cardozo Law Review

Drug offenses lie at the heart of the movement for criminal justice reform, and for good reason. Drug policy is defined by severe and disproportionate penalties owing to a retributive, factually flawed, and hurried congressional process. These central characteristics apply to the child pornography context as well. Though drug sentencing is problematic enough, child pornography sentencing is arguably worse. The U.S. Sentencing Commission has disavowed the child pornography sentencing guidelines and invited judges to vary from them. Judges have done just that, varying in sixty-three percent of all cases, more than any other offense type.

In this Article, we identify …

The Unchosen: Procedural Fairness In Criminal Specialty Court Selection, Shanda K. Sibley

Cardozo Law Review

Specialized criminal courts were created in an effort to offer nonpunitive responses to the commission of crime. The promise of these courts was that they would remove select populations from the traditional legal system and offer them something different, and perhaps better, than mere punishment and incapacitation.

However, the current selection processes for specialized courts—in which judges and prosecutors have almost completely unfettered discretion to decide both the criteria by which potential participants will be allowed to participate and whether any individual defendant meets such criteria—perverts the notion of providing specialized services to specific populations. Instead of selecting defendants based …

Just Strict Liability, Cristina Carmody Tilley

Cardozo Law Review

Theorists who contend that tort is designed to do justice cannot explain strict liability. The strict sector plagues these scholars because it extracts payment from defendants who have acted reasonably and are therefore considered innocent. If tort is about wronging and recourse, then strict liability makes no sense. Stymied, justice theorists have ceded the sector to economically minded counterparts who are concerned primarily with efficient market outcomes. As this theory has taken hold, some have declared strict liability “dead.” This Article offers a justice theory of the interpersonal wrong that permits liability in the absence of traditional fault—namely, the delegation …

Lgbtq Youth And The Promise Of The Kennedy Quartet, Michael J. Higdon

Cardozo Law Review

The Supreme Court has only issued four opinions endorsing the constitutional rights of sexual minorities, each of them authored by Justice Anthony Kennedy. These four cases, which this Article refers to collectively as “the Kennedy Quartet,” have done much to advance the equality of LGBTQ adults in the United States. The question remains, however, as to what extent those cases likewise protect LGBTQ children. Far from simply being an academic question, this issue has taken on increased urgency as legislators in a number of states—thwarted by the Kennedy Quartet in their ability to target LGBTQ adults—have turned their attentions to …

Acts Of Justice: Restoring Justice For Immigrants Through State Pardons, Sadie M. Casamenti

Cardozo Law Review

No abstract provided.

Cardozo Law News Brief: July 15, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Pamela Foohey
• Kathryn Miller
• Michel Rosenfeld
• Jocelyn Getgen Kestenbaum
• Myriam Gilles
• Jessica Roth

Events:

• Filmmakers Legal Clinic and the FAME Center Summer Film Series, Film #3

Cardozo Law News Brief: July 8, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Kate Shaw
• Michael Herz
• Christopher Buccafusco
• Myriam Gilles
• Richard Weisberg
• Michael Pollack
• Anthony Sebok
• Deborah Pearlstein
• Edward Zelinsky
• Alexander Reinert

Campus News:

• Dean of Career Services, Carey Bertolet Grand, Talks with preLaw Magazine About Career Opportunities Urban Law Schools Offer

We’Re All Historical Researchers Now: The Impact Of Dobbs On Legal Research Instruction, Olivia Smith Schlinck

Library Staff Online Writings

Congratulations, it’s July, which means you have officially survived what may very well be considered the most consequential Supreme Court term in the history of the United States. Simply existing in this country over the past few weeks (months? years?) feels like trying to swim through rapidly drying concrete. Avoiding the news is impossible if for no other reason than the direct impact so much of the news of late has on the job of a law librarian. Imagine teaching a legal research class at the end of this past SCOTUS sitting? I’ll spare you the image because I did, …

A New Supreme Court Case Threatens Another Body Blow To Our Democracy, Katherine A. Shaw, Leah Litman, Carolyn Shapiro

Online Publications

When the Supreme Court overruled Roe v. Wade, the justices in the majority insisted they were merely returning the issue of abortion to the democratic process. But a case the court has announced it will hear in its October term could make that democratic process a lot less democratic.