Digital Commons Network^™

Brief Of Amici Curiae Law Professors In Support Of Appellees Regarding The “Abuse” Standard, Pamela Foohey

Amicus Briefs

This amicus brief explains how and why the nondebtor releases granted to the Sackler family, and a large and indeterminate number of other persons and entities in the chapter 11 reorganization of opioid-maker Purdue Pharma, were "abusive" as that term has historically been understood in bankruptcy.

In the 2005 Metromedia opinion, the Second Circuit warned that a nondebtor release "lends itself to abuse" because it “operates as a bankruptcy discharge arranged without a filing and without the safeguards of the Bankruptcy Code.” Liabilities arising from fraudulent transfers, as well as “willful and malicious injury,” have been considered classic examples of …

Former Clerks On The Current Court: Cardozo Professors Offer Wisdom From Their Supreme Court Clerking Experiences, Benjamin N. Cardozo School Of Law

Cardozo News 2022

“You will never get the kind of responsibility in your first two years of practice that you will in a clerkship,” Dean Melanie Leslie remarked as she introduced the speakers at “Former Clerks on the Current Court,” an event hosted by Cardozo’s Floersheimer Center for Constitutional Democracy on March 3. Cardozo Professors and former Supreme Court Clerks—Michael Herz, Deborah Pearlstein, Michael Pollack and Kate Shaw—joined Dean Leslie in discussion.

Examining Mandatory Arbitration In Financial Service Products, Myriam E. Gilles

Testimony

The U.S. Senate Committee on Banking, Housing, and Urban Affairs issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on Mar. 8, 2022, entitled "Examining Mandatory Arbitration in Financial Service Products."

The Status Of Independent Truck Drivers Amid The Supply Chain Crisis, Joshua Becker

Cardozo Journal of Conflict Resolution (CJCR) Blog

As the supply chain shortage continues, many truck drivers across the country find themselves disturbed with both their employers’ administrative decisions in response to pressures from the federal government and their working conditions. In the 2019 case, New Prime v. Oliveira, the U.S. Supreme Court declined to compel arbitration of wage and hour class action lawsuits brought by an interstate trucker and independent contractor. The Court unanimously ruled that the exemption language in the Federal Arbitration Act (“FAA”), which includes “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce,” also includes owner-operators (those who …

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

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

Within the opulent Hamptons community located on the east end of Long Island, New York, there exists a power imbalance that has been perpetuated for generations – the violent inequality between the original dwellers of the land, the Shinnecock Indian Nation, and the affluent summer community that has come to surround it. This inequality manifests itself in numerous ways, including state and local government infringement on the Shinnecock Nation’s rightful use of its own sovereign land.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on March 3, 2022. The original post can …

Leveraging Interactive Maps As A Resource Discovery Tool: Envisioning A Repository, Collection Or Series With A Map-Driven Interface, Rachel S. Evans, Keelan Weber

Sandbox Series

Those of us with Digital Commons sites may already have download based live-maps embedded on one or more landing pages of our collections. What if we created a map for end-users to search our series in new ways? In this sandbox, two members of the LSRD-SIS executive board come together to share a show-and-tell-style tour of 3 map-based interfaces for a variety of legal resources, from in-house developed examples to a larger database provider like HeinOnline. Through these examples, we hope attendees will engage in brainstorming ways we could creatively integrate maps to leverage them as a more user-centered discovery …

Week Of February 28, 2022 - March 4, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo ADR Competition Honor Society
• Cardozo Criminal Law Society (CCLS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Health Law Society
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Trusts & Estates Law Society
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Public Interest Law Student Association (PILSA)

Punishment Clauses: Amending United States Constitutions To Pursue “Complete Abolition”, Sydney Osterweil-Artson

Cardozo International & Comparative Law Review (CICLR) Blog

The Universal Declaration of Human Rights (“UDHR”) proclaims, “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” Though not legally binding, the document denotes international principles of fundamental human rights. The United States Constitution fails to enshrine the UDHR’s categorical denunciation of slavery and servitude, with the Thirteenth Amendment reading: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

This post was originally published on …

The Latest On Abortion: How The Supreme Court Has Jeopardized A Woman’S Right To Choose, Paloma Bloch

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

On December 1st, 2021, thousands gathered outside of the Supreme Court of the United States as the Justices prepared to hear arguments in what became known as “the most serious legal challenge to Roe vs. Wade in 30 years.” Dobbs v. Jackson Women’s Health Organization, unique for many reasons, “is the first case that the high court has taken in which a state is directly asking the Court to overturn the constitutional right to abortion.” Dobbs “is seen by both sides as potentially pivotal in establishing how aggressively the court’s new six-justice conservative majority will move to place new constraints …

Arbitration As A Solution To Commercial Cannabis Contract Clashes, Steven Frydman

Cardozo Journal of Conflict Resolution (CJCR) Blog

With seventeen states completely legalizing recreational cannabis use and many other states having legalized it for medical use or at least having decriminalized it, it is no surprise that the cannabis industry is growing, and with its growth comes a need for laws regulating it. Despite these changes in state law, cannabis is still an illegal drug on the federal level, classified as a “Schedule I” drug under the Controlled Substances Act. Of course, this dichotomy in the law creates federalism concerns and problems for those in the cannabis industry when they attempt to access the courts for relief in …

Professor Alex Reinert Co-Authors Op-Ed In Usa Today, Benjamin N. Cardozo School Of Law

Cardozo News 2022

Professor Alex Reinert co-authored an op-ed, with Johanna C. Schwartz of UCLA School of Law and James E. Pfander of Northwestern Law, about police reform and the action states can take to make changes.

P*Law Week 2022: Focus On Public Interest, Benjamin N. Cardozo School Of Law

Cardozo News 2022

The Center for Public Service Law's annual Public Interest Law Advocacy Week (P*LAW), held January 24-27, was a virtual event series, with the P*LAW Student Planning Team offering a robust schedule that included 14 informative panels focusing on a range of topics that engaged students in the practice of public interest law.

Cardozo Law Review And Floersheimer Center Co-Host Symposium: "The Aftermath Of The 2020 Election", Benjamin N. Cardozo School Of Law

Cardozo News 2022

Voter suppression, gerrymandering and electoral reform were the main topics of discussion at “The Aftermath of the 2020 Election,” a daylong symposium co-sponsored by Cardozo Law Review and the Floersheimer Center for Constitutional Democracy. The CLE event was held virtually on January 27 and included three panels, each one moderated by a Cardozo faculty member.

Solitary Confinement In The U.S. Criminal Legal System: U.N. Convention Against Torture Implications, Catherine Naas

Cardozo International & Comparative Law Review (CICLR) Blog

Not only does the U.S. have one of the highest incarceration rates worldwide—causing the U.S. to have the largest prison population in the world—but the U.S. also uses solitary confinement (prolonged social and physical isolation) as a punishment in its prison system much more often than other countries. The U.S. criminal legal system uses solitary confinement despite it being a form of torture that has severe mental health effects on the individuals that are isolated, leading many of these individuals to a general decline in mental health and sometimes to suicide.

This post was originally published on the Cardozo International …

Appraisal Rights And "Fair Value", Steven J. Cleveland

Cardozo Law Review

Appraisal rights (or dissenter’s rights) entitle a shareholder to the judicially determined “fair value” of her shares upon the occurrence of a merger that she does not support. Once a quiet corner of corporate law, appraisal rights have recently given rise to significant litigation and a growing body of scholarship. Whereas existing scholarship commonly has focused on improvements to be implemented by the judiciary, I propose a legislative improvement.

In appraising “fair value,” courts have failed to give force to the legislative mandate to “exclude any element of value arising from the accomplishment or expectation of the merger,” which has …

Inherent Judicial Authority: A Study In Creative Ambiguity, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Interrogating The Nonincorporation Of The Grand Jury Clause, Roger A. Fairfax Jr.

Cardozo Law Review

With the Supreme Court’s recent incorporation—in Ramos v. Louisiana—of the Sixth Amendment’s jury unanimity requirement to apply to the states, the project of “total incorporation” is all but complete in the criminal procedure context. Virtually every core criminal procedural protection in the Bill of Rights has been incorporated through the Due Process Clause of the Fourteenth Amendment to constrain not only the federal government, but also the states—with one exception. The Fifth Amendment’s grand jury right now stands alone as the only federal criminal procedural right the Supreme Court has permitted states to ignore. In one of the earliest incorporation …

Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin

Cardozo Law Review

Foreign disinformation catapulted into the national spotlight with the 2016 presidential election, but its impact is not confined to the electoral map or season. This Article addresses the threat of foreign disinformation by proposing a new statute: a private right of action, enabling harmed persons to directly sue state or private actors, foreign or domestic, who knowingly or recklessly spread disinformation from abroad. Scholars and policymakers have proposed other, far-flung solutions ranging from greater online security to outright censorship. Each of those ideas stumbles on common challenges and lacks a valuable ingredient: an interested party, directly harmed by the foreign …

Critical Legal Studies And The Police, Nirej Sekhon

Cardozo Law Review

Constitutional police regulation is a complex tangle of substantive rights, remedies, and procedural rules. Together, they appear to scaffold a cohesive system of police restraint. Legal scholars tend to focus criticism on specific rules, impelled by faith that the system can be made to serve its core purpose: protecting civilians against police overreach and abuse. Drawing on critical legal studies, this Article contends that constitutional police regulation is incapable of realizing its putative purpose. Constitutional police regulation frames policing as a series of isolated, individual police-civilian encounters. This is compounded by the unpredictable interpretive interplay between substantive, remedial, and procedural …

Licensed To Rock The Campaign Trail: Are The Ascap And Bmi Political Campaign Licenses Violating Their Antitrust Consent Decrees?, Leah Scholnick

Cardozo Law Review

No abstract provided.

The Revival Of Student Loan Discharge In Bankruptcy By The Tenth And Second Circuits, Biqi Chen

Cardozo Law Review

No abstract provided.

Separating Governance Tokens From Securities: How The Utility Token May Fall Short Of The Investment Contract, Kyle Bersani

Cardozo Law Review

No abstract provided.

How The Migrant Protection Protocols Were Put In Place, And Where We Are Now, Anda Totoreanu

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

On December 20, 2018, the Trump administration created the Migrant Protection Protocols (“MPP”), followed by formal guidance issued on January 25, 2019. The cited purpose of MPP was to “combat an influx of illegal aliens” into the United States, to alleviate the “resource constraints” which “forced DHS to release thousands of undocumented aliens into the United States and to trust that those aliens would voluntarily appear for their removal proceedings.” The guidance removed “aliens apprehended at the Southwest border” or anyone who “left a third country and traveled through Mexico to reach the U.S. border”and placed them in Mexico while …

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Week Of January 24, 2022 - January 28, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Floersheimer Center for Constitutional Democracy
• Latin American Law Student Association (LALSA)
• Public Interest Law Advocacy Week (P*LAW)

Cardozo Law News Brief: January 21, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Matthew Wansley
• Jessica Roth
• Pamela Foohey
• Jocelyn Getgen Kestenbaum

Campus News:

• Yeshiva University President Rabbi Dr. Ari Berman Authors Op-ed in The Wall Street Journal

Events:

• Public Interest Law Advocacy Week
• Public Health, Mental Health, and Mass Atrocity Prevention Digital Dialogue Series
• The Aftermath of the 2020 Presidential Election: Voter Suppression, Misrepresentation and Electoral Reform

Week Of January 17, 2022 - January 21, 2022, Benjamin N. Cardozo School Of Law

Today at Cardozo 2022

Events occurring this week have been sponsored by:

• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Cardozo Office of Special Events
• Floersheimer Center for Constitutional Democracy

Cardozo Law News Brief: January 14, 2022, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2022

Featured Faculty:

• Jessica Roth
• Ekow N. Yankah
• Kate Shaw
• Christopher Buccafusco
• Matthew Wansley

Campus News:

• Dean Melanie Leslie Appoints Professor Emmanuel Arnaud to the Faculty
• Cardozo Hosts Annual Immersion Courses

Events:

• Public Health, Mental Health, and Mass Atrocity Prevention Digital Dialogue Series
• The Aftermath of the 2020 Presidential Election: Voter Suppression, Misrepresentation and Electoral Reform

Dean Melanie Leslie Appoints Emmanuel Arnaud To The Faculty As An Assistant Professor, Benjamin N. Cardozo School Of Law

Cardozo News 2022

Dean Melanie Leslie is pleased to announce that Emmanuel Hiram Arnaud will join the Cardozo faculty this summer as an assistant professor on the tenure track.

Brief Of Amici Curiae 23 Law Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller, Bet Tzedek Civil Litigation Clinic

Amicus Briefs

On January 18, the Bet Tzedek Civil Litigation Clinic, co-directed by Professors Rebekah Diller and Leslie Salzman, filed a U.S. Supreme Court amicus brief in support of certiorari in the case of a deaf student who suffered 12 years of isolation and distress because his school refused to provide him with a qualified sign language interpreter (Perez v. Sturgis Public Schools). The clinic filed on behalf of 23 law professors who argued that the Court’s intervention was needed to ensure that disabled students can pursue damage claims when their rights are violated in school settings.