Law Commons^™

Cardozo Law News Brief: December 14, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Jessica Roth
• Myriam E. Gilles
• Edward Zelinsky
• Michel Rosenfeld
• Jeanne C. Curtis
• Ekow N. Yankah
• Anthony Sebok

Campus News:

• Rolling Stone Covers FAME event with Google’s Music Man

Events:

• Friends and Family: A Taste of New York Open to Cardozo Students

Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz

Online Publications

Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.

Week Of December 3, 2018 - December 7, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Office of Student Services & Advising
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)

Cardozo Law News Brief: November 30, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Edward Zelinsky
• J. David Bleich
• Alexander A. Reinert

Campus News:

• FAME: Iconic American Shoe Designer and Entrepreneur Stuart Weitzman Interviewed by Professor Kolsun of the FAME Center
• Women in IP Panel Discuss How to Succeed in the IP Sector

Events:

• A Fireside Chat with Lyor Cohen, Global Head of Music at YouTube and Google
• Friends and Family: A Taste of New York Open to Cardozo Students

How Mlb Teams Can Protect Themselves From Cheaters, Evan Friedman

AELJ Blog

On Saturday, October 13, 2018, a man claiming to be a Houston Astros employee was removed from an area near the Boston Red Sox dugout during the American League (AL) Championship Series opener at Fenway Park. According to a Metro report, “the man had a small camera and was texting frequently, but did not have a media credential.”

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 27, 2018. The original post can be accessed via the Archived Link button above.

Week Of November 26, 2018 - November 30, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Environmental Law Society (CELS)
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Office of Student Services & Advising
• Chabad at Cardozo
• Innocence Project Clinic
• Muslim Student Association

The Devil’S In The Details: The Merits Of The Satanic Temple’S Copyright And Trademark Lawsuit Against Netflix And Warner Bros., Akinyele Jordan

AELJ Blog

Sabrina Spellman is a teenage (half-)witch who was originally envisioned to make a one-shot appearance in the Archie Comics universe, but became so popular that she has starred in several of her own titles. She is best known as the protagonist of the sitcom Sabrina The Teenage Witch, which first aired on ABC in 1996.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 25, 2018. The original post can be accessed via the Archived Link button above.

Week Of November 19, 2018 - November 23, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo FAME Center
• Chabad at Cardozo
• Dentons
• Heyman Center on Corporate Law and Governance
• Innocence Project Clinic

Result Orientation Test For An Abstract Idea: Demise Of The Means-Plus-Function Claim?, Jun Lin

AELJ Blog

Patent is an important legal tool for inventors to protect their interests in their inventions. But what kind of inventions exactly? Statutorily, an eligible invention needs to be a “process, machine, manufacture, or composition of matter.” However, not every subject-matter that facially falls under one of the four categories may receive patent protection. Indeed, the Supreme Court has carved out exceptions to patentability: Laws of nature, natural phenomena, and abstract ideas are unpatentable. Among them, abstract ideas are the most difficult to define. As a result, the abstract idea exception generates the greatest legal uncertainty.

This post was originally published …

Cardozo Law News Brief: November 16, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Myriam E. Gilles
• Kate Shaw
• Barbara Kolsun
• Ekow N. Yankah

Campus News:

• Immigration Justice Clinic Returns to Texas to Represent Asylum Seekers
• Immigration Justice Clinic Sues ICE, Says Jailing NY Immigrants For Months Without Hearing is Unconstitutional
• #MeToo and the Legal Profession Examines Law, Effects and Advocacy
• The Washington Post Explores Landmark 1898 SCOTUS Citizenship Case; Cardozo Law Review Cited

Events:

• Patents For the Non-Patent Fashion Lawyer
• A Fireside Chat With Lyor Cohen Global Head of Music at YouTube and Google

Gen Z: The (Illegal?) Target Audience For Digital Advertising, Gina Gazivoda

AELJ Blog

The social media pop culture marvel is an explosion of interconnectedness through numerous virtual platforms, exploited by billions of users. Recent studies show that roughly two-thirds of American adults are Facebook users and three-quarters of American adults YouTube users. The percentages skyrocket for younger Americans ages 18-24, and includes several other platforms such as Snapchat, Instagram, and Twitter, to name a few of the bighitters. While Facebook and YouTube remain the top players, 78% of 18-24 year-olds use Snapchat, 71% use Instagram, and close to 45% use Twitter. With the expansion of social media to users of all ages,—e.g., Facebook …

Week Of November 12, 2018 - November 16, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Cross-Border Practice Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Federalist Society
• Cardozo Journal of Conflict Resolution (CJCR)
• Cardozo Korean American Law Students Association (KALSA)
• Cardozo Labor and Employment Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Revue
• Cardozo Office of Diversity & Inclusion
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Floersheimer …

Cardozo Law News Brief: November 9, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Richard Weisberg
• Michelle Adams
• Lindsay Nash

Campus News:

• Cardozo Hosts Special Screening of Acclaimed Documentary The Silence of Others

Events:

• Abraham Lincoln, Adolf Hitler and the Hunt for Nazi Looted Art in America
• #MeToo and the Legal Profession
• To End a Presidency
• From Script to Screen: A FAME Center and Entertainment Law Society Event
• The Conscience Wars: Rethinking the Balance Between Religion, Identity and Equality
• A Fireside Chat With Lyor Cohen Global Head of Music at YouTube and Google

Week Of November 5, 2018 - November 9, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Cross-Border Practice Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Office of Student Services & Advising
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• ChIPs
• DLx Law LLP
• Esports Bar Association (EBA)
• Floersheimer Center for Constitutional Democracy
• Heyman Center on Corporate Law and Governance
• HUT Consulting …

Cardozo Law News Brief: November 2, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Michael Wildes
• Barbara Kolsun
• Lindsay Nash
• Deborah Pearlstein
• Jessica Roth
• Anthony Sebok
• Suzanne Stone
• Ekow N. Yankah

Events:

• The Silence of Others: A Pre Screening and Discussion
• Women in IP
• Religious Accommodations and Equality: A Comparative View
• Abraham Lincoln, Adolf Hitler and the Hunt for Nazi Looted Art in America
• #MeToo and the Legal Profession
• To End a Presidency
• From Script to Screen: A FAME Center and Entertainment Law Society Event
• The Conscience Wars: Rethinking the Balance Between Religion, Identity and Equality
• A Fireside Chat With Lyor Cohen Global Head of Music at YouTube and Google
• CRJ Moot

Universal Representation, Lindsay Nash

Articles

In an era in which there is little good news for immigrant communities and even holding the line has become an ambitious goal, one progressive project has continued to gain steam: the movement to provide universal representation for non-citizens in removal proceedings. In the immigration field, “universal representation” refers to a system of appointed counsel that provides representation to indigent non-citizens facing deportation regardless of the apparent merits of their case. This model has proven a transformative change, particularly given the absence of any recognized right to government-funded counsel. In recent years, cities and counties throughout the nation have launched …

The Final Rule (For Now) On Archival Efforts For Old Online Games, Joshua Hall

AELJ Blog

Every three years the United States Copyright Office holds a triennial rule-making proceeding where it hears from stakeholder groups so that it can make recommendations for the Librarian of Congress. The Librarian then reviews, renews, and implements new exemptions to 17 U.S.C. § 1201. 17 U.S.C. § 1201 forbids the circumvention of technological measures which are used to prevent unauthorized access to copyrighted works. These exemptions take many different forms and have many different goals. Some are focused on issues like allowing disabled users to implement assistive software in E-books, while others are focused on issues like allowing consumers to …

Week Of October 29, 2018 - November 2, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Art Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Minority Law Student Association (MLSA)
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• New York Democratic Lawyers Council

Help Wanted: What Do Netflix’S Talent Acquisition Practices Mean For The Future Of Fixed-Term Employment Contracts?, Abigail Vapnyar

AELJ Blog

When it comes to succeeding in the entertainment and technology industries, “the talent” employed by a company can be just as critical as market share or customers. A 2017 study, which focuses on internal and external employee transitions in the tech industry, draws attention to the fact that the shifting of employees between companies plays a vital role in staying ahead of the competition. According to the study, Netflix is particularly invested in creating a top-notch workforce, spending ten times more on acquiring new talent than any other corporation in the study. While Netflix’s determination to build the best team …

Cardozo Law News Brief: October 26, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Stewart Sterk
• Betsy Ginsberg
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Gabor Rona
• Myriam E. Gilles
• Alexander A. Reinert
• Michel Rosenfeld
• Kate Shaw
• Ekow N. Yankah

Campus News:

• Cardozo is Named to Billboard's List of Top Music Law Schools

Events:

• Are We Already Living in a "Black Mirror" World? A Conversation About AI, Law, and Corporate Ethics
• Women in IP
• Religious Accommodations and Equality: A Comparative View
• Abraham Lincoln, Adolf Hitler and the Hunt for Nazi Looted Art in America
• #MeToo and the Legal Profession
• From Script to Screen: A FAME Center and Entertainment Law Society Event
• The Conscience Wars: …

Week Of October 22, 2018 - October 26, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo American Constitution Society (ACS)
• Cardozo Art Law Society
• Cardozo Business Law Society
• Cardozo FAME Center
• Cardozo Intellectual Property and Information Law Program
• Cardozo Office of Career Services
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Students for Human Rights
• Cardozo Tax Law Society
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• ChIPs
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Jacob Burns Center for Ethics in the Practice of Law
• Louis D. …

Who Has The Last Laugh? Comedians’ Free Speech Rights Under The First Amendment., Brett Gossett

AELJ Blog

Comedians represent an important part of public discourse in American society. They are able to toe the line between controversial, comedy, and the truth. But when a perceived threat is involved, this line becomes harder to find and even harder to defend under the First Amendment.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 21, 2018. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: October 19, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Deborah Pearlstein
• Edward Zelinsky
• Kate Shaw
• Jeanne C. Curtis
• Christopher Buccafusco
• Anthony Sebok
• Lindsay Nash

Campus News:

• ADR Competition Honor Society Wins Arbitration Prize at Securities Dispute Resolution Triathlon
• Blockchain Project Releases Second Research Report: Smart Contracts and Legal Enforceability
• Cardozo's Business Law Program Receives "A+" in preLaw Magazine, Family Law Program Gets "A"

Events:

• The Story of the Repeal of "Don't Ask, Don't Tell" and How the Military Did ADR Proud
• A Panel Discussion on Trademarks, Patents, Trade Secrets, and Copyright Law: A Cardozo-Google Patent Project Event
• Abacus: Small Enough to Jail (Film Screening and Panel)
• A …

"Smart Contracts" & Legal Enforceability, Aaron Wright, Priyanka Desai, Freeman Lewin, Benjamin L. Van Adrichem

Blockchain Project Reports

Thousands of years ago, written contracts first appeared in Mesopotamia, with small cuneiform triangles hammered into clay tablets. These contracts were fairly sophisticated, memorializing basic credit agreements, partnership arrangements, as well as labor, sales, and rental agreements.1 Since these first recorded contracts, the tools used to create written contracts have undergone considerable change. We no longer enter into agreements memorialized in clay; paper and more recently electronic agreements serve as the primary medium for the expression of commercial arrangements.

Many argue that blockchains could foster an evolution in how legal agreements are created and executed, supporting a new generation of …

Week Of October 15, 2018 - October 19, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo FAME Center
• Cardozo Intellectual Property and Information Law Program
• Cardozo International Comparative, Policy & Ethics Law Review
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Minority Law Student Association (MLSA)
• Cardozo Office of Student Services & Advising
• Cardozo Women's Law Initiative (WLI)
• Heyman Center on Corporate Law and Governance
• Latin American Law Student Association (LALSA)
• Philosophy and Law Society (PALS)

Cardozo Law News Brief: October 15, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Michael Herz
• Christopher Buccafusco
• Kate Shaw
• Edward Zelinsky
• Deborah Pearlstein
• David Rudenstine
• Jocelyn Getgen Kestenbaum

Campus News:

• Celebration of Professor Jacobson's Work Held at Cardozo

Events:

• Paulsen Moot Court Competition: Final Rounds
• Long Term Effects of Involvement in the Criminal Justice System (Cardozo Journal of Equal Rights and Social Justice Fall Symposium)
• Book Talk: Law's Trials and Wars With Professor Richard Abel
• From Namibia to Auschwitz: Combatting Genocide Decades Later
• The Story of the Repeal of "Don't Ask, Don't Tell" and How the Military Did ADR Proud
• Abacus: Small Enough to Jail (Film Screening and Panel)
• A Discussion …

9th Circuit Orders Retrial Over “Stairway To Heaven” Copyright Infringement Case, Jordan Davis

AELJ Blog

A three-judge panel on the 9th Circuit unanimously overturned the district court’s 2016 decision in the “Stairway to Heaven” copyright infringement case. The case involved two songs: Led Zeppelin’s “Stairway to Heaven” and Spirit’s “Taurus.” The jury found that the opening guitar melody of “Stairway” was not “extrinsically similar” to a portion of the instrumental-song “Spirit.” However, for reasons discussed below, the case was remanded for a new trial.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 14, 2018. The original post can be accessed via the Archived Link button above.

“Mama” Was Needed To Get Moma Off “Macha[’S]” Back… But Is It A Sufficient Fix To Avoid Consumer Confusion?, Simone Dvoskin

AELJ Blog

On September 28, 2018, nearly six months after the Museum of Modern Art (“MoMA”) filed a lawsuit against art gallery-tea establishment MoMaCha, a District Court judge granted MoMA a temporary injunction enjoining MoMaCha from “using, displaying, or promoting the MOMA or MOMACHA marks, and the https://momacha.com domain name,” during the pendency of the lawsuit.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 12, 2018. The original post can be accessed via the Archived Link button above.

Week Of October 8, 2018 - October 12, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Office of Student Services & Advising
• Cardozo Tax Law Society
• Heyman Center on Corporate Law and Governance
• Howard M. Squadron Program in Law, Media and Society
• Latin American Law Student Association (LALSA)

Why Kavanaugh Should Not Attend The White House Ceremony, Michael Herz

Online Publications

Brett Kavanaugh is now Justice Kavanaugh. He has been nominated, confirmed and — in a private ceremony on Saturday conducted by Chief Justice John Roberts and the retired Justice Anthony Kennedy — sworn in. There is nothing left to do. So why is he scheduled to be at the White House on Monday evening for a public ceremony, one that President Trump has inaccurately called a “swearing-in ceremony”?