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Full-Text Articles in Law
A Drama Of Development: Gary Olson On Stanley Fish, Richard Mullender
A Drama Of Development: Gary Olson On Stanley Fish, Richard Mullender
Cardozo Law Review de•novo
Book Review of Gary A. Olson, Stanley Fish, America’s Enfant Terrible: The Authorized Biography
What Kind Of Judge Is Brett Kavanaugh?, Elliott Ash, Daniel L. Chen
What Kind Of Judge Is Brett Kavanaugh?, Elliott Ash, Daniel L. Chen
Cardozo Law Review de•novo
This article reports the results of a series of data analyses of how recent Supreme Court nominee Brett Kavanaugh compares to other potential Supreme Court nominees and current Supreme Court Justices in his judging style. The analyses reveal a number of ways in which Judge Kavanaugh differs systematically from his colleagues. First, Kavanaugh dissents and is dissented against along partisan lines. More than other Judges and Justices, Kavanaugh dissents at a higher rate during the lead-up to elections, suggesting that he feels personally invested in national politics. Far more often than his colleagues, he justifies his decisions with conservative doctrines, …
The Federal Arbitration Act And Independent Contractors, Richard Frankel
The Federal Arbitration Act And Independent Contractors, Richard Frankel
Cardozo Law Review de•novo
The misclassification of employees as independent contractors is one of the most serious problems affecting the American workforce. It deprives workers of important employee benefits, civil rights, and wage and hour protections, and deprives the federal and state governments of billions of dollars in tax revenue annually. While workers can seek redress in the courts, businesses are trying to take away that right as well by forcing workers to submit their disputes to binding mandatory arbitration under the Federal Arbitration Act (FAA). Section 1 of the FAA, however, creates an exemption for transportation workers, stating that “nothing herein contained shall …
The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle
The Military Transgender Policy: The Realization Of Madison’S Incompatible Powers Narrative, Ken Hyle
Cardozo Law Review de•novo
Last summer, President Trump purported to ban all transgender individuals from serving in the military via Twitter: “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow . . . Transgender individuals to serve in any capacity in the U.S. military.” In August 2017, the President followed his series of tweets with a Presidential Memorandum that formally dismantled President Obama’s framework to permit transgender individuals to serve openly. These restrictions led to a flurry of lawsuits in federal court. In March 2018, President Trump issued a revised policy that …
Capital-Sentencing Law And The New Conservative Court, Scott W. Howe
Capital-Sentencing Law And The New Conservative Court, Scott W. Howe
Cardozo Law Review de•novo
With the Supreme Court now dominated by a solidly conservative majority, recent, well-grounded hopes for prompt judicial abolition of the death penalty have vanished. Furthermore, existing Eighth Amendment doctrines that limit the death penalty could be in jeopardy. Historically, many advocates for abolition have criticized these doctrines. They claim that the Eighth Amendment prohibition on Cruel and Unusual Punishments requires “consistency” in capital selection and that current capital-sentencing doctrines do not satisfy—and sometimes conflict with— this requirement. However, these advocates failed to anticipate the need to defend these doctrines should judicial abolition become an impossibility and the rolling-back of current …
The Constitutional Argument Against The Vice President Casting Tie-Breaking Votes On Judicial Nominees, Samuel Morse
The Constitutional Argument Against The Vice President Casting Tie-Breaking Votes On Judicial Nominees, Samuel Morse
Cardozo Law Review de•novo
Article I of the Constitution vests the Vice President with the power to vote in the Senate in the event of a tie. Textually, this power is not subject to any additional qualifications. However, there are reasons to believe that the Framers intended this tie-breaking power to have certain practical limits, specifically in the context of confirming Article III judges. This essay argues that concerns about the separation of powers, the differences between legislation and the confirmation of presidential nominees, anti-majoritarianism, and the forsaken sixty-vote threshold for Supreme Court nominees all militate toward a prudential limit that restricts the Vice …
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold
Cardozo Law Review de•novo
This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.
Preserving Film Preservation From The Right Of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Preserving Film Preservation From The Right Of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Cardozo Law Review de•novo
In this comment, we argue that whatever courts and legislatures decide to do about the other issues raised by digital animation, they should preserve the ability to use digital technology to restore and remaster existing works. In this case, at least, the benefits of digital reanimation thoroughly swamp any possible costs (and frankly, we have a hard time finding any meaningful costs). Courts and legislators should ensure that publicity rights are never allowed to trump society’s interest in having access to already created works of culture.