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Cardozo Law News Brief: December 29, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Samuel Weinstein
• Richard Weisberg
• Rebecca Ingber
• Lela Love
• Gabor Rona

Campus News:

• Cardozo Introduces Gates Scholars Program

Events:

• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Cardozo Introduces Gates Scholars Program To Support Students From Underrepresented Backgrounds, Benjamin N. Cardozo School Of Law

Cardozo News 2020

Cardozo Law announced a new initiative called the E. Nathaniel Gates Scholars Program to support students from underrepresented backgrounds throughout their law school years.

Cardozo Law News Brief: December 18, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Jocelyn Getgen Kestenbaum
• Samuel Weinstein
• Kate Shaw
• Christopher Buccafusco
• Joel Cohen
• Ngozi Okidegbe
• Edward Zelinsky

Campus News:

• Cardozo Launches Center for Visual Advocacy (CVA)

Events:

• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Week Of December 14, 2020 - December 18, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Jacob Burns Center for Ethics in the Practice of Law

Cardozo Law News Brief: December 11, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Michael Herz
• Samuel Weinstein
• Jocelyn Getgen Kestenbaum
• Michelle Adams
• Anthony Sebok
• Aaron Wright
• Ekow N. Yankah
• Edward Zelinsky

Campus News:

• Video: How Has Learning During the Pandemic Changed at Cardozo?
• Associate Dean Val Myteberi Comments On LL.M. Job Opportunities In LLM Guide

Events:

• The Jacob Burns Center for Ethics in the Practice of Law presents Wild, Wild West: Arizona’s Pioneering World of Non-Lawyer Investment in Law
• Intensive Trial Advocacy Program (ITAP)
• Intensive Mediation Advocacy Program (IMAP)
• Intensive Transactional Lawyering Program (ITRANS)

Brief Of Professor Edward A. Zelinsky As Amicus Curiae In Support Of Plaintiff’S Motion For Leave To File Bill Of Complaint, Edward A. Zelinsky

Amicus Briefs

Professor Edward Zelinsky submitted an amicus brief with the U.S. Supreme Court in New Hampshire’s constitutional challenge against Massachusetts’s recently promulgated regulation imposing its income tax on nonresident remote workers, arguing that the Court should grant New Hampshire’s motion for leave because a state cannot source nonresidents’ income earned beyond the state’s borders; taxpayers have “no practical remedy” for relief from unconstitutional taxation under the Tax Injunction Act; and only the Court can make rulings over the boundaries of state authority.

Week Of December 7, 2020 - December 11, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Chabad at Cardozo
• Jacob Burns Center for Ethics in the Practice of Law

Cardozo Law News Brief: December 4, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Richard Weisberg
• Peter L. Markowitz
• Samuel Weinstein
• Jocelyn Getgen Kestenbaum
• Lela Love
• Alexander A. Reinert
• Michel Rosenfeld

Campus News:

• Immigration Justice Clinic Wins in the Southern District: ICE Cannot Detain Immigrants without Prompt Access to Judges

Week Of November 30, 2020 - December 4, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Kilpatrick Townsend & Stockton LLP

Cardozo Law News Brief: November 24, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Jessica Roth
• Michelle Greenberg Kobrin
• Michael Herz
• Barbara Kolsun
• Anthony Sebok

Campus News:

• Cardozo Students Compete Virtually in Annual Paulsen Competition
• Students Reflect on At-Home Learning During the Pandemic

Comparison Of The Testamentary Forms Between The Upc And The Chinese Civil Code, Jiang Zhu

CICLR Online

On May 28, 2020, the Civil Code of People’s Republic of China (hereinafter referred to as the “Chinese Civil Code”), one of the most important laws in the Chinese legal system, was passed by the Chinese National Congress and will become effective on the very first day of 2021.

This post was originally published on the Cardozo International & Comparative Law Review website on November 24, 2020. The original post can be accessed via the Archived Link button above.

Week Of November 23, 2020 - November 27, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)

Intellectual Property Law – What Happens After The “Vote-From-Home” Election?, Ryan Baal

AELJ Blog

If Biden were to carry on with the Obama administration’s approach to intellectual property law, the America Invents Act of 2013 (AIA) would be the best place to start in analyzing how the president-elect might influence IP law over the coming years. At its core, the AIA transitioned the United States to a first-to-file system and modified the bars to patentability under the patent law statutes.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 23, 2020. The original post can be accessed via the Archived Link button above.

The Bauer Lecture With Jeh Johnson, Former U.S. Secretary Of Homeland Security, Cardozo Law Review

Event Invitations 2020

The Cardozo Law Review was thrilled to welcome Secretary Jeh Johnson to reflect and analyze United States homeland security in today’s political environment.

Too Soft On Corporate Crime?, Adina Feder

CICLR Online

Goldman Sachs Group Inc. (“Goldman Sachs” or “Goldman”), a global banking behemoth, was finally struck with financial penalties of $3.3 billion due to its participation in a Malaysian bribery scheme. The Bank admitted to paying more than $1.6 million in bribes to prominent government officials to obtain lucrative business from 1 Malaysia Development Berhad (“1MDB”), a Malaysian owned sovereign wealth fund. In exchange for the bribes, Goldman became the lead adviser on energy acquisitions and underwrote three bond offerings for approximately $6.5 billion, earning the Bank hundreds of millions in revenue. Goldman admitted that there were red flags surrounding the …

Broadway: Adapting And Overcoming Post-Covid, Emily Feldman

AELJ Blog

On Wednesday, March 11, 2020, a Broadway usher tested positive for COVID-19. A day later, on March 12, 2020, one of New York’s most significant cultural institutions, and a symbol of the city itself, entered an indiscernibly long hiatus when The Broadway League, an organization representing Broadway theater owners and producers, announced that Broadway would be shutting down. What was initially meant to be a short break for Broadway’s 41 theatres quickly evolved to an extended one. Although the theatres intended to reopen in June 2020, this deadline was moved first to January 2021, and subsequently to May 2021. While …

The Washington Redskins Abandon Their Historically Controversial Team Name Amidst A Push For Socially Conscious Branding, Shelby Epstein

AELJ Blog

On July 13, 2020, following a review of the team’s name, the National Football League’s (“NFL”) Washington Redskins announced they would be retiring both their team name and logo. “The decision [came] amid the Black Lives Matter movement — which . . . sparked a cultural awakening — and after decades of debate over its name and logo, which many say are offensive towards Native Americans.” Dan Synder, owner of the Washington Football Team, said the decision was made “in light of recent events around our country and feedback from our community.”

This post was originally published on the Cardozo …

Week Of November 16, 2020 - November 20, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo Center for Public Service Law
• Cardozo Criminal Law Society (CCLS)
• Cardozo International & Comparative Law Review
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Law Review
• Cardozo Office of Alumni Affairs
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA
• Kilpatrick Townsend & Stockton LLP
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Women in Tech Law

Cardozo Law News Brief: November 13, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Michael Herz
• Christopher Buccafusco
• Michel Rosenfeld
• Anthony Sebok
• Suzanne Stone
• Edward Zelinsky

Campus News:

• Cardozo Ranked A+ in Racial Justice and Business Law by PreLaw Magazine
• Cardozo's Moot Court Honor Society Earns a Spot as a Regional Finalist at Tang Competition

Events:

• Town Hall with Dean Melanie Leslie
• Dean's Speaker Series: A Conversation with John LaBarre ‘05

The Gsa’S Delay In Recognizing The Biden Transition Team And The National Security Implications, Katherine A. Shaw, Ryan Goodman

Online Publications

Pressure is mounting on a usually low-profile government official to activate the full range of resources ordinarily provided to an incoming administration’s presidential transition team. Under the Presidential Transition Act of 1963, a statute that has been revised a number of times since passage, it is not until the Administrator of the General Services Administration (GSA) “ascertain[s]” the “apparent successful candidate” of a presidential election that the president-elect and his transition team gain access to the office space, funds, briefings, and other government resources necessary to effect a smooth and effective transfer of power.

An Argument For Supreme Court Term Limits, Hailey B. Petrick

CICLR Online

The United States Supreme Court is meant to be above politics, but in reality, it has been politicized since its inception. Republican presidents appoint conservative justices while Democrats appoint liberal justices. Currently, six of the nine Supreme Court justices have been appointed by a Republican president, even though a Republican nominee has not won the popular vote in a presidential election since 2004, effectively creating a Court that is already politically stacked against the preference of a majority of Americans. Even Justice Neil Gorsuch, a Republican-appointed Supreme Court Justice, stated that the framers did not want "nine old people in …

Public Forums And Section 230—Should They Work Together?, Jack Madeb

AELJ Blog

The First Amendment of the United States Constitution states, “Congress shall make no law . . . abridging the freedom of speech.” The right to freedom of speech allows individuals to express themselves without government interference or regulation. However, the level of protection speech receives depends on the forum in which that speech takes place. Some public forums may discriminate against certain classes of speakers or types of speech from being presented within that forum.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2020. The original post can be accessed via …

Week Of November 9, 2020 - November 13, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Barbri
• Cardozo ADR Competition Honor Society
• Cardozo Center for Public Service Law
• Cardozo Entertainment Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International & Comparative Law Review
• Cardozo International Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Labor and Employment Law Society (CLELS)
• Cardozo Office of Alumni Affairs
• Cardozo Office of Student Services & Advising
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Startup Society
• Cardozo Tax Law Society
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)
• Latin American …

Obscene Trademarks: What Will Iancu Allow?, Carter Hall

AELJ Blog

In recent years, the Supreme Court has made clear that the First Amendment applies to trademarks. In Matal v. Tam, the Supreme Court held that the statutory bar on “trademarks that may ‘disparage … or bring … into contemp[t] or disrepute’ any ‘persons, living or dead’” violates the First Amendment. In Iancu v. Brunetti the court struck down a bar on “the registration of ‘immoral[ ] or scandalous’ trademarks”, again on First Amendment grounds, determining that the term FUCT could be trademarked. In several concurrences in Iancu, justices argued that obscene trademarks can still be barred, due to the traditional …

Cardozo Law News Brief: November 6, 2020, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2020

Featured Faculty:

• Kate Shaw
• Rebecca Ingber
• Edward Zelinsky
• Ekow N. Yankah
• Jocelyn Getgen Kestenbaum
• Deborah Pearlstein
• Anthony Sebok
• Richard Weisberg

Events:

• Student Services Coffee Chat - Class of 2021
• Immigration Career Panel with FIRE
• Cardozo Journal of Equal Rights and Social Justice Presents: Changing the Way We See Modern Policing: Reform or Abolition?
• Town Hall with Dean Melanie Leslie

Ninth Circuit Reversed And Remanded District Court’S Ruling That Immigration Detainers Issued Based On Unreliable Databases Violates The Fourth Amendment, Mal Helgadottir

AELJ Blog

U.S. Immigration and Customs Enforcement (“ICE”) issues immigration detainers “to advise another law enforcement agency that the Department seeks custody of an [individual] presently in the custody of that agency, for the purpose of arresting and removing the [individual].” The immigration detainer requests that local law enforcement notify ICE “prior to the release of the [individual], in order for the Department to arrange to assume custody.” Immigration detainers have been subject to litigation arising out of Fourth Amendment concerns because detainers are not reviewed by detached neutral judicial officials. To issue an immigration detainer, an ICE officer simply needs to …

Loots Of Their Labor: Analyzing Wage & Hour Challenges In Gaming’S “Crunch Culture”, Matt Vernace

AELJ Blog

Several industries rely on high volumes of creative input from their labor forces; the legal, accounting, medical, and financial fields are infamous for time demands placed on employees. Tech professionals also confront similar high-volume work periods, typically before a big product release. Yet an underexplored industry featuring this demanding work culture lies within interactive entertainment space: video game development. While most of the listed industries offer long-term benefits like equity, job security, or financial stability, game development studios often do not have the same carrots-and-sticks available to sweeten the pot for overworked employees.

This post was originally published on the …

Week Of November 2, 2020 - November 6, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo ADR Competition Honor Society
• Cardozo Art Law Society
• Cardozo Dispute Resolution Society
• Cardozo Environmental Law Society (CELS)
• Cardozo Federalist Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Office of Student Services & Advising
• Cardozo Public Service Scholars Program
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Tax Law Society
• Heyman Center on Corporate Law and Governance
• Jewish Law Students Association (JLSA)
• Louis D. Brandeis Center for Human Rights Under Law (LDB)

Apple And The European Commission: A Bleak Future For Competitive Balance In The Eu?, Richard Dacher

CICLR Online

The European Union has long sought to maintain economic competitive balance in Europe. As the European Union’s enforcement arm, the European Commission (“EC”) is tasked with regulating member-states’ aid regimes and maintaining the competitive balance of the single market. A recent decision in the European General Court, against the EC and in favor of Apple and Ireland, threatens the EC’s ability to maintain that balance through litigation and respond to distorted competition. If the EC loses its appeal, it is unclear if the EC can effectively regulate the single market.

This post was originally published on the Cardozo International & …

Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz

Articles

A specter is haunting notice-and-comment rulemaking—the specter of fraudulent comments. The stand-out example—the apotheosis—was the Federal Communications Commission’s (FCC) net neutrality rulemaking in 2017. Well over twenty million comments were submitted, but millions of those were highly suspect. It turns out only about 800,000 of those comments were unique—that is, not written by a computer and not a pre-written form letter or variation thereof. And of the rest, perhaps half were submitted by computers (bots) using fictitious names or the names of real people, living and dead, who had no connection to the comment.