Law Commons^™

1l Final Review Sessions, Cardozo Asian Pacific American Law Students Association, Cardozo Office Of Student Services & Advising

Flyers 2023-2024

Con Law - April 8, 2024

Property - April 10, 2024

Contracts - April 15, 2024

Criminal Law - April 17, 2024

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)

Flyers 2023-2024

No abstract provided.

Legislating Courts, Michael C. Pollack

Articles

No abstract provided.

The Future Of “History And Tradition”: The First Amendment Implication Of Bruen, The Floersheimer Center For Constitutional Democracy

Flyers 2023-2024

No abstract provided.

The 2024 Cardozo Colloquium On Global And Constitutional Theory Presents: Linda Greenhouse On The Roberts Court, Benjamin N. Cardozo School Of Law, Michel Rosenfeld

Event Invitations 2024

Join Linda Greenhouse, Senior Research Scholar in Law at Yale Law School, to discuss the exceptional trajectory of the Roberts Court. Greenhouse is also a Pulitzer Prize-winning reporter who has covered the United States Supreme Court for nearly three decades for The New York Times.

The 2024 Cardozo Colloquium On Global And Constitutional Theory, Benjamin N. Cardozo School Of Law

Event Invitations 2024

The US Supreme Court is currently experiencing a significant decrease in public approval, as are several courts in many other parts of the world, such as the Israel Supreme Court and top courts in various Eastern European countries. At the same time, in certain other parts of the world, such as Western Europe, constitutional courts persist as well integrated and are widely perceived as trustworthy guarantors of workable checks and balances. The Colloquium will explore what accounts for these differences and whether the various crises concerning judicial review arise from similar or different types of circumstances. To what extent are …

Brief For Professors And Legal Scholars As Amici Curiae In Support Of Neither Party, Deborah Pearlstein

Amicus Briefs

The amici curiae consist of professors and legal scholars with a collective experience of over one hundred years in teaching and writing about constitutional law. Their primary interest lies in ensuring that the Court resolves the case in a manner consistent with federalism and separation of powers principles.

Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein

Testimony

Sham Impeachment “Hearing” #2

Issue: Border Security & Immigration

Dobbs And Democracy, Melissa Murray, Katherine A. Shaw

Articles

In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with an appeal to democracy. He insisted that it was “time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This invocation of democracy had undeniable rhetorical power: it allowed the Dobbs majority to lay waste to decades’ worth of precedent, while rebutting charges of judicial imperialism and purporting to restore the people’s voices. This Article interrogates Dobbs’s claim to vindicate principles of democracy, examining both the intellectual pedigree …

A $53m Settlement That Will Improve Conditions In Ny Prisons And Jails, Alexander A. Reinert

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Professor Alexander Reinert has seen his work bring about major changes in prison and jail conditions in New York City and New York State many times. In April 2023, he was co-counsel with lawyers of Cuti Hecker Wang LLP in a historic settlement in Miller v. City of New York, which involved detainees held in restrictive isolation at two jails on Rikers Island and one unit at what was then the Manhattan Detention Complex.

American Constitution Society Presents: Voting Rights Going Into 2024, Cardozo American Constitution Society (Acs), Katherine A. Shaw

Flyers 2023-2024

No abstract provided.

Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy

Event Invitations 2023

Illiberalism and populism challenge liberal constitutionalism and its nexus to distributive justice in its three dimensions of material welfare, identitarian recognition and democratic representation. A Pluralist Theory of Constitutional Justice by University Professor Michel Rosenfeld (Oxford University Press 2022) develops a pluralist approach leading to the “justice essentials” designed to meet the above challenge and to reinvigorate liberal constitutionalism.

Symposium On A Pluralist Theory Of Constitutional Justice, Floersheimer Center For Constitutional Democracy

Flyers 2023-2024

No abstract provided.

The Annual Scotus Term Preview, Floersheimer Center For Constitutional Democracy

Event Invitations 2023

Join Professors Rebecca Ingber, Michael Herz, Kate Shaw and Luís C. Calderón Gómez as they talk about what to expect from the Supreme Court in the upcoming term.

The panelists will flag and discuss the most important cases to be heard this Term, including litigation over mifepristone, guns, taxation of unrealized income and the future of the administrative state.

The Scotus Term Preview, Floersheimer Center For Constitutional Democracy

Flyers 2023-2024

No abstract provided.

Montana Is Trying To Ban Tiktok. What Does The First Amendment Have To Say?, Deborah Pearlstein, John Dellamore

Online Publications

Last month, Montana became the first U.S. state to pass a bill banning TikTok from operating within its borders. If Governor Greg Gianforte signs some version of the bill, it will become the first statewide ban in the country to take direct aim at the popular social media app, which various U.S. government officials have warned poses a serious national security threat. But while Montana may be the first to act, significant gaps remain in the public debate surrounding both the nature of the threat that TikTok presents, and the constitutional questions that trying to regulate it might create.

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Articles

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

The Constitutional Crisis In Israel, Floersheimer Center For Constitutional Democracy, Israeli Supreme Court Project

Event Invitations 2023

In the 1990s, Israel underwent a "constitutional revolution." Israel is now in the midst of a heated debate over the proper balance of powers between the judiciary and the legislature in a democracy. Our speakers will address the legal, social, and political aspects of the current crisis and place it in the context of Israel's complex history of constitutionalism.

Dual Sovereignty In The U.S. Territories, Emmanuel Hiram Arnaud

Articles

This Essay examines the emergence and application of the “ultimate source” test and sheds light on the dual sovereign doctrine’s patently colonial framework, particularly highlighting the paternalistic relationship it has produced between federal and territorial prosecutorial authorities.

Misuse Of Originalism: The Legal Landscape Of The 2nd Amendment Post-Bruen, American Constitution Society, Cardozo Public Interest Law Students Association

Flyers 2022-2023

No abstract provided.

The 22nd International Advocate For Peace Award, Cardozo Journal Of Conflict Resolution

Event Invitations 2023

The Cardozo Journal of Conflict Resolution presents the International Advocate for Peace (IAP) Award to an individual, organization or group that is exemplary in the field of conflict resolution.

This year, the Journal presents the IAP Award to Gloria Steinem, who has dedicated her life to standing up to power and seeking ways to bring about peaceful change. Ms. Steinem has fought tirelessly in support of marginalized people everywhere, campaigning for the Equal Rights Amendment to the United States Constitution, protesting the South African apartheid system, and more recently working alongside Cardozo Law students at the Lenape Center to address …

The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

Flyers 2022-2023

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The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

Event Invitations 2023

Election litigation in state courts has been increasing across the country, as parties challenge voting restrictions, gerrymandered districts and longstanding practices of election administration.

Join the Floersheimer Center for Constitutional Democracy and the State Democracy Research Initiative at the University of Wisconsin Law School for a conversation with Floersheimer Co-Director Professor Deborah Pearlstein and election experts Professor Richard H. Pildes (NYU School of Law), Deputy Solicitor General Judith Vale (Office of the New York State Attorney General), Professor Carolyn Shapiro (Chicago-Kent College of Law) and Ethan Herenstein (Counsel for Brennan Center’s Democracy Program) to discuss the value and consequences of …

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

Event Invitations 2023

The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.

Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.

Panelists:

• Nelson Tebbe, Cornell Law School
• Mark L. Movsesian, St. John's University School of Law
• Elizabeth Reiner Platt, Columbia Law School
• Giselle Klapper, Sikh Coalition

Click here to view the flyer.

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

Flyers 2022-2023

Click here to view the event invitation.

Shielded Book Launch, Cardozo Center For Rights And Justice

Event Invitations 2023

Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.

In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …

No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

Asymmetric Review Of Qualified Immunity Appeals, Alexander A. Reinert

Articles

This article presents results from the most comprehensive study to date of the resolution of qualified immunity in the federal courts of appeals and the US Supreme Court. By analyzing more than 4000 appellate decisions issued between 2004 and 2015, this study provides novel insights into how courts of appeals resolve arguments for qualified immunity. Moreover, by conducting an unprecedented analysis of certiorari practice, this study reveals how the US Supreme Court has exercised its discretionary jurisdiction in the area of qualified immunity. The data presented here have significant implications for civil rights enforcement and the uniformity of federal law. …

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

Event Invitations 2023

Join us for a conversation with Indian Supreme Court Justice Shripathi Ravindra Bhat and Professor Saurabh Vishnubhakat, Director of Cardozo’s Intellectual Property & Information Law Program. Hear about Justice Bhat's experience at the highest levels of judicial service and his insight into the law’s perennial capacity for social impact.

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A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

Flyers 2022-2023

Click here to view the event invitation.