Law Commons^™

Inside The Internet, Nick Merrill, Tejas N. Narechania

Duke Law Journal Online

Conventional wisdom—particularly in the legal literatures—suggests that competition reigns the inside of the internet. This common understanding has shaped regulatory approaches to questions of network security and competition policy among service providers. But the original research presented here undermines that long-held assumption. Where the markets for internet traffic exchange (and related services) have long been thought to be characterized by robust competition among various network services providers, our findings suggest that these markets have consolidated. These trends raise a host of concerns for network reliability, online speech, and consumer choice, among other matters. Indeed, some recent high-profile internet outages reflect …

Copyright And Generative Ai: Insights From The Project On The Right To Research, Sean M. Fiil-Flynn

Joint PIJIP/TLS Research Paper Series

With the widespread launch of “generative AI” technology capable of creating music, art and text that could potentially substitute for the work of human creators, policy makers around the world are highly focused on how and whether copyright law should change in response. This paper summarizes results from studies that have been commissioned as part of the Project on the Right to Research in International Copyright coordinated by American University’s Program on Information Justice and Intellectual Property. That project focuses on uses of copyrighted works in text and data mining technology by scientific researchers. The same text and data mining …

Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law

Event Invitations 2023

Join Cardozo Law in welcoming Dr. Abhishek M. Singhvi, Senior Advocate, Supreme Court of India, MP Raja Sabha, India for a discussion on the pursuit of legalizing same-sex marriage in India, the world's largest democracy.

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

Event Invitations 2023

As the push for criminal legal reform continues around the world and the impact of progressive prosecutors or bail reform is still being unpacked, the future of the criminal legal system is up for debate. Much like the creation of the multidoor civil courthouse—with options for negotiation, mediation, and other processes—what should a multidoor criminal courthouse look like in the future? How should evolving processes of restorative justice, problem solving courts, diversion sentencing, bail reform, and plea bargaining be structured and integrated in the future? What should the role of judges, prosecutors, defense attorneys, crime victims, defendants and the public …

Cardozo Law News Brief: October 27, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Andrea Schneider
• Emmanuel Arnaud
• Edward Zelinsky
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Betsy Ginsberg
• Young Ran (Christine) Kim
• Lindsay Nash
• Gabor Rona
• Anthony Sebok

Campus News:

• Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks to Daily News About NYPD Fingerprint Controversy

Events:

• International Law and the Israel-Hamas Conflict
• The Fame Center Presents: Russia, Ukraine, AML and KYC: Due Diligence Concerns for the Art Market
• The Fame Center Presents: Thoughts on the Future: LLMs Staying in the United States

Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law

Flyers 2023-2024

No abstract provided.

Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink

International Law Studies

Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …

Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier

Fordham Law Voting Rights and Democracy Forum

In 2021, the United States Supreme Court in Americans for Prosperity Foundation v. Bonta considered the anonymous speech rights of charitable donors against the California Attorney General’s interest in preventing wrongdoing by charitable organizations. The Court applied exacting scrutiny, a standard traditionally applied to campaign finance disclosure laws, determining that California’s requirement was facially invalid as a violation of associational rights. Bonta did not concern campaign finance, making this application of exacting scrutiny novel. This Article considers the open questions raised by Bonta regarding how exacting scrutiny should be applied and what it means for the future of campaign finance …

The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker

Fordham Law Voting Rights and Democracy Forum

In a watershed 2015 referendum, Ohioans decisively approved a state constitutional amendment that prohibited partisan gerrymandering of General Assembly districts and created the Ohio Redistricting Commission. Though the amendment mandated that the Commission draw proportional maps not primarily designed to favor or disfavor a political party, the Commission—composed of partisan elected officials—repeatedly enacted unconstitutional, heavily gerrymandered districting plans in blatant defiance of the Ohio Supreme Court.

After the Ohio Supreme Court struck down four of the Commission’s plans, leaving Ohio without state House and Senate maps just months before the 2022 general election, a group of voters sued in the …

Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong

Fordham Law Voting Rights and Democracy Forum

Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …

Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner

Fordham Law Voting Rights and Democracy Forum

What constraints should the protection of political equality place on the design of electoral systems? With the exception of requiring approximate population equality across a jurisdiction’s districts, the U.S. voting rights regime accepts substantial disproportionality in voting strength. This Article addresses the current Supreme Court’s abandonment of the Second Reconstruction’s “one person, one vote” standard with regard to both racial and partisan gerrymandering, and assesses the role that Congress and political science have played in this transition. This Article argues that an unabridged voting rights regime must recognize a standard of proportional representation derived from the protection of individual political …

Discriminatory Intent Claims Under Section 2 Of The Voting Rights Act, Amandeep S. Grewal

Fordham Law Voting Rights and Democracy Forum

This Article addresses a new controversy over whether Section 2 of the Voting Rights Act prohibits laws that exhibit “only” discriminatory intent, in the absence of discriminatory results. Lower courts have long embraced an intent approach for Section 2. And the Department of Justice has rested its entire ongoing case against Georgia’s controversial voting bill on an intent approach.

However, this Article shows that the Supreme Court’s decision in Brnovich v. DNC effectively rejects the intent approach to Section 2. In April 2023, the Eleventh Circuit reversed its prior cases and now rejects an intent theory. This puts in peril …

2023 Lemkin Award Ceremony, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Event Invitations 2023

Please join the Institute for the Study of Genocide and the Cardozo Law Institute in Holocaust and Human Rights for the biennial Lemkin Award, which honors Raphael Lemkin, the originator of the term “genocide” and exponent of the UN Genocide Convention. The award recognizes the best non-fiction work focusing on genocide, crimes against humanity and other gross human rights violations, and on strategies of prevention.

Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Luke Charleston

Ronald H. Filler Institute for Financial Services Law

No abstract provided.

Intervention In Civil Wars: Effectiveness, Legitimacy, And Human Rights By Chiara Redaelli, Sofya Cherkasova

Osgoode Hall Law Journal

Libya, Mali, Yemen, Syria, Ukraine. These are just some of the countries that have been subject to armed interventions in only the past eleven years. The list of countries that were invaded in the past fifty years is exponentially longer.

No Legal Way Out: R V Ryan, Domestic Abuse, And The Defence Of Duress By Nadia Verrelli And Lori Chambers, Abigail March

Osgoode Hall Law Journal

The defence of duress in Canadian criminal law has been described by scholars and judges as a “complicated mess,” “[o]ften confusing and potentially gendered,” and “irrational, anomalous, perverse, illogical and fundamentally wrong.” The most recent Supreme Court of Canada case to attempt to bring clarity to the embattled duress defence, R v Ryan (“Ryan”), is the focus of Nadia Verrelli and Lori Chambers’ No Legal Way Out: R v Ryan, Domestic Abuse, and the Defence of Duress (“No Legal Way Out”).

The United States Must Do More To Protect Immigrants From Legal Fraud, Olivia Hendelman

Cardozo Journal of Equal Rights and Social Justice Blog

Earlier this month, counsel for Fareed Heera filed a complaint seeking review of his permanent residence (i.e. green card) application, on the grounds that Heera was victimized by his attorneys. The federal government denied Heera’s application due to fraud and misrepresentation. Heera’s counsel argues that law firms deceived Heera on two separate occasions when they filed petitions containing factual misrepresentations of which Heera was not aware. The complaint further explains that Heera did not intend to commit fraud by using misrepresentations; rather, he was preyed upon when relying on his attorneys to navigate a legal process unfamiliar to him. Ultimately, …

Saldf Presents: Issues In Animal Law, Cardozo Student Animal Legal Defense Fund

Flyers 2023-2024

No abstract provided.

The Elusive Motive Requirement In Canada’S Terrorism Offences: Defining And Distinguishing Ideology, Religion, And Politics, Michael Nesbitt, Leah West, Amarnath Amarasingam

Osgoode Hall Law Journal

Canada distinguishes “ordinary crime” from terrorism offences primarily by reference to whether an act meets the Criminal Code’s definition of “terrorist activity.” The most confusing and least understood element of terrorist activity is its motive requirement, that being that for a crime to constitute a terrorism offence, the actor must be motivated by politics, religion, or ideology. How do we know when such a motive exists, or even how to define these motivations? How do we differentiate ordinary crime from terrorism if we do not know what ideologies or religions “count” and which do not? Do far-right motivations picked and …

Canadian “Dreamers”: Access To Post-Secondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

Osgoode Hall Law Journal

Youth with precarious legal status (PLS) in several provinces are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for post-secondary education are highly constrained. This article sets out an argument for expanding post-secondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program.” The article considers possible legal impediments to the establishment of such programs, including offences under Canadian immigration legislation, and argues that charges against post-secondary institutions …

Peace And Good Order: The Case For Indigenous Justice In Canada By Harold R. Johnson, Scott Franks

Osgoode Hall Law Journal

Harold Johnson was a Cree lawyer, trapper, author, and storyteller from the Montreal Lake Cree Nation. He practiced as a criminal defence lawyer and then as a Crown prosecutor in my hometown of La Ronge, Saskatchewan. Peace and Good Order: The Case for Indigenous Justice in Canada (“Peace and Good Order”) is Harold’s resignation letter to the legal profession, apology for his participation in Canada’s criminal law system, and argument for Indigenous jurisdiction. It is, in part, an autobiographical account of his relationship to Canadian law as a Nehiyaw man. And it comes at a time when more and more …

Policing In The Shadow Of Legality: Pretext, Leveraging, And Investigation Cascades, Terry Skolnik

Osgoode Hall Law Journal

Police officers often exercise their authority at the boundary of legality. Two of policing’s features contribute to this tendency: first, the scope of certain police powers is unclear; second, officers enjoy broad discretion to initiate proactive police encounters. This article argues that these interrelated features of policing result in three law enforcement phenomena: pretext, leveraging, and investigation cascades. Pretext denotes that police officers invoke lawful justifications to pursue unlawful aims. Leveraging implies that officers exploit individuals’ psychological vulnerabilities to secure compliance or to receive consent to engage in more intrusive investigatory tactics. Investigation cascades occur when officers gather information through …

Your Boss Is An Algorithm: Artificial Intelligence, Platform Work And Labour By Antonio Aloisi And Valerio De Stefano, Zoé Bernicchia-Freeman

Osgoode Hall Law Journal

In March 1964, the cover page of a popular German weekly magazine entitled Der Spiegel painted a frightening picture: An anthropomorphic robot with six mechanical arms commands an assembly line while a displaced human worker floats aimlessly in the foreground. Ejected from his station, the worker throws up his hands in despair next to a headline that reads, “Automation in Germany, the arrival of robots.” Over fifty years later, a cover page from the same magazine evoked similar themes: A giant robot arm yanks an office worker away from his computer under the headline, “You’re fired! How computers and robots …

Technology Mindfulness And The Future Of The Tort Of Privacy, Emily Laidlaw

Osgoode Hall Law Journal

This article investigates how to develop the tort of privacy to better address technology-facilitated abuse. The central question explored is how explicitly the role and function of technology should be engaged in a legal test. The article argues that technology is constitutive of our society, shaping our social and cultural institutions, which in turn shape the development of technology and together define the everyday ways that our privacy is enjoyed and invaded. A privacy tort should therefore directly engage with the social significance of technology—what this article frames as technology mindfulness. To develop the concept of technology mindfulness, and with …

Provincial Constitutions, The Amending Formula, And Unilateral Amendments To The Constitution Of Canada: An Analysis Of Quebec’S Bill 96, Emmett Macfarlane

Osgoode Hall Law Journal

This article critically analyzes provincial authority to unilaterally amend the Constitution of Canada. Via an assessment of the purported amendments in Quebec’s Bill 96, which would recognize Quebecers as a nation and French as the only language of the province, the article argues that provinces cannot make direct amendments altering, adding, or repealing provisions of the Constitution of Canada. This argument is reflected in the wording of the various constitutional amending procedures, the historical and contemporary constitutional practice, and the underlying purpose of, and fundamental distinction and complex relationship between, the Constitution of Canada as supreme law and the constitution …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry

Journal of Maya Heritage

Archaeologists Without Borders of the Maya World (AWBMW) is a Mexican non-profit organization focused on promoting and preserving Mayan history, particularly archaeological sites and tangible culture. To assist its mission, AWBMW wants to be able to solicit donations from U.S. entities to assist in spreading awareness of Maya culture worldwide. Using the U.S. tax code and laws from state of Georgia, this article outlines the legal steps and strategies a foreign non-profit organization must consider when desiring to start a non-profit organization in the United States. Strategies on opening a U.S. branch of an existing foreign non-profit, linking a new …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …

Jlsa X Rela X Chabad Present: Shuam Mermelstein Real Estate Associate At Davis Polk, Cardozo Jewish Law Student Association (Jlsa), Cardozo Real Estate Law Association, Chabad At Cardozo, Jewish Graduate Student Initiative

Flyers 2023-2024

No abstract provided.

1l Outlining Community Session: Fall 2023, Cardozo Office Of Academic Success

Flyers 2023-2024

No abstract provided.