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Yeshiva University, Cardozo School of Law

2022

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Full-Text Articles in Law

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak Dec 2022

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak

CJCR Blog

This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …


Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw Dec 2022

Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw

Online Publications

The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.


Redistricting: Federal Law, State Constitution, And The Courts, Arisha Andha Dec 2022

Redistricting: Federal Law, State Constitution, And The Courts, Arisha Andha

ERSJ Blog

Gerrymandering through the method of redistricting poses a grave threat to our democracy. Redistricting is the redrawing of voting districts to reflect the census data collected every decade. Redistricting is supposed to be a bipartisan process that is reflective of the population, but laws surrounding the practice allow for partisan manipulation and racial discrimination. The practices of including or excluding specific groups from specific districts, also called gerrymandering, allow for districts to be redrawn so that the district favors one political party over another in elections and is inherently undemocratic Section 2 of the Voting Rights Acts (VRA) prohibits any …


You Do Not Have The Right To Remain Silent: The Lack Of Miranda Within “Child Welfare”, Jane Weiss Dec 2022

You Do Not Have The Right To Remain Silent: The Lack Of Miranda Within “Child Welfare”, Jane Weiss

ERSJ Blog

Reform within the “child welfare” system is widely discussed due to the systems prejudicial nature. The system is called many names: the family policing system, the family regulation system, and the family destruction system.] Many Black and Brown families, specifically, struggle with systemic racism embedded in the “child welfare” system that causes constant fear that minor flaws will lead to family separation.] While many activists call for the system to be abolished, many supporters of abolition understand that the goal can only be achieved through reforms that hold the perpetrators accountable. However, many activists have had little luck fixing a …


State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske Dec 2022

State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske

Articles

Tax systems have been struggling to adapt to the digitalization of the economy. At the center of the struggles is taxing digital platforms, such as Google or Facebook. These immensely profitable firms have a business model that gives away “free” services, such as searching the web. The service is not really free; it is paid for by having the users watch ads and tender data. Traditional tax systems are not designed to tax such barter transactions, leaving a gap in taxation.

One response, pioneered in Europe, has been the creation of a wholly new tax to target digital platforms: the …


Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law Nov 2022

Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law

Event Invitations 2022

Please join The Jacob Burns Center for Ethics in the Practice of Law for the second in their series of book talks, Lawyers on the Edge, with Andrew Kirtzman, author of Giuliani: The Rise and Tragic Fall of America's Mayor.

Andrew Kirtzman, journalist and author, has been following the career of Rudy Giuliani since the 1990s. His new biography traces Giuliani from the beginning of his rise to his role as Donald Trump’s personal lawyer.

Professor Jessica Roth, Co-Director of the Jacob Burns Center for Ethics in the Practice of Law, will lead a discussion with Kirtzman about his …


Ftx And The Future Of Crypto, Heyman Center On Corporate Governance Nov 2022

Ftx And The Future Of Crypto, Heyman Center On Corporate Governance

Event Invitations 2022

Join cryptocurrency and blockchain expert Aaron Wright, bankruptcy attorney Allen Kadish, securities regulation and fintech expert Professor Yuliya Guseva, and white collar crime expert Professor Andrew Jennings for a lively online conversation moderated by Cardozo Professor Matthew Wansley. We'll dive into cryptocurrency exchanges, the issues faced by FTX, why it collapsed, how bankruptcy will play out, and whether its executives face any legal liability.


Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law Nov 2022

Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law

Flyers 2022-2023

Click here to view the event invitation.


South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn Nov 2022

South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn

CICLR Online

During the Korean War, about 50,000 to 70,000 South Korean soldiers were taken prisoner of war (POW) by North Korea and its allies. While North Korea claimed that most South Korean POWs expressed to remain in North Korea and repatriated only 8,343 POWs, 80 South Korean POWs who escaped from North Korea told a different story. Most testified that they were never asked whether they want to return to South Korea, and some testified that they were forced to say they want to remain in North Korea. Held captive against their will, 50,000 South Korean POWs were sent to North …


Glorification Of Serial Killers: How The Law Fails To Protect Families Of The Victims, Ksenia Khlystova-Gowda Nov 2022

Glorification Of Serial Killers: How The Law Fails To Protect Families Of The Victims, Ksenia Khlystova-Gowda

AELJ Blog

Serial killers have always caused controversy. They have been talked about, feared, studied, and after their deaths, they have been remembered and memorialized in various forms of art. In pursuit of success and fame, movie and documentary directors attempt to promote their own narratives while depicting the gruesome and hideous murders and crimes of these killers. However, it appears that few consider the pain and suffering these “art forms” cause the families of serial killer victims. Almost every year, there are new media productions that put serial killers in the spotlight and depict their victims as sacrificial plot elements that …


How Ufc Fighters Are Being Punched In The Mouth Even After Stepping Out Of The Cage, William Schwartz Nov 2022

How Ufc Fighters Are Being Punched In The Mouth Even After Stepping Out Of The Cage, William Schwartz

AELJ Blog

There is no questioning that the Ultimate Fighting Championship (“UFC”) is the premier mixed martial arts (“MMA”) promotion in the world. The UFC does pay their fighters more than other MMA promotions, but there are still plenty of people rightfully claiming that the UFC substantially underpays their fighters. In 2019, the UFC made over $900,000,000 in revenue and paid their fighters less than $150,000,000. That is sixteen percent of their revenue, which is significantly lower than what the National Football League (“NFL”), National Basketball Association (“NBA”), and Major League Baseball (“MLB”) pay their players. Those aforementioned leagues pay their players …


The Uscis Policy Manual: Exercising Questionable Authority Through Obscure Language, Marcy Pineda Nov 2022

The Uscis Policy Manual: Exercising Questionable Authority Through Obscure Language, Marcy Pineda

ERSJ Blog

In 2022, the United States Citizenship and Immigration Services (USCIS) began creating a centralized online repository for USCIS's immigration policies called the USCIS Policy Manual ("the Manual"), a tool to assist and further consistency in the decisions rendered by immigration officers. The Manual also establishes procedure around certain nuances of immigration policy. Consequently, USCIS has established new procedures around the Violence Against Women Act (VAWA) self-petition.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 28, 2022. The original post can be accessed via the Archived Link button above.


Landlord Duties To Combat Tenant-On-Tenant Discrimination Under The Fair Housing Act, Nicholas Cinquina Nov 2022

Landlord Duties To Combat Tenant-On-Tenant Discrimination Under The Fair Housing Act, Nicholas Cinquina

ERSJ Blog

Congress passed the Fair Housing Act (“FHA”) during the Civil Rights movement, seeking to dispel discriminatory practices in the United States housing market. Relevant here, the FHA makes it unlawful to discriminate against protected class members in the “terms, conditions, or privileges of...rental of a dwelling, or in the provision of services or facilities in connection therewith....” Additionally, under the FHA, it is unlawful to “...interfere with any person in the exercise or enjoyment of...any right granted or protected...in this title.” Whether the FHA can be construed to make it unlawful for a property owner to acquiesce in tenant-on-tenant discriminatory …


The Legality Of Russian Gray-Market Imports, Ruben Attia Nov 2022

The Legality Of Russian Gray-Market Imports, Ruben Attia

CICLR Online

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …


Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein Nov 2022

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …


The Acceptance Of Nfts In The Art World, Alissa Donovan Nov 2022

The Acceptance Of Nfts In The Art World, Alissa Donovan

AELJ Blog

Since the first creation of non-fungible tokens (NFTs) in 2014, some have tried to discredit this new technology as a scam undeserving of legitimate artistic consideration. The test of time has proven otherwise, as the use of NFTs has expanded to impact numerous industries. Although the collapse of NFT trading volumes in September of 2022 allowed critics an “I told you so” moment, NFTs seem to be continuously expanding in both use and legitimacy from their first conception. Significantly, art museums have also made a statement: NFTs are a legitimate art form and a lucrative move for the future of …


Brief Of Law Professors As Amici Curiae In Support Of Applicants’ Application To Vacate The Injunction Entered By The United States Court Of Appeals For The Eighth Circuit, Pamela Foohey Nov 2022

Brief Of Law Professors As Amici Curiae In Support Of Applicants’ Application To Vacate The Injunction Entered By The United States Court Of Appeals For The Eighth Circuit, Pamela Foohey

Amicus Briefs

Amici curiae Dean Erwin Chemerinsky and Professors William Araiza, Matthew Bruckner, Pamela Foohey, Jonathan Glater, Luke Herrine, Dalié Jiménez, Jeffrey Lubbers, Chrystin Ondersma, Peter Shane, and Peter Strauss are professors of law at universities throughout the United States, with expertise in student financial assistance programs under Title IV of the Higher Education Act of 1965 and administrative and constitutional law. Amici file this brief in support of Applicants because this case presents important questions within amici’s professional expertise, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory …


Keeping The Economy On Track: The Role Of Mediation, Super Mediation, And The National Mediation Board In Rail Labor Disputes, Chelsea Hill Nov 2022

Keeping The Economy On Track: The Role Of Mediation, Super Mediation, And The National Mediation Board In Rail Labor Disputes, Chelsea Hill

CJCR Blog

The threat of strike action by America’s railway workers in late summer 2022, in response to an inability to agree to a new contract acceptable to both management and labor, raised fears of a national economic shutdown. Although an agreement is pending ratification by rail union membership, a potential rail strike in an already-fragile economy highlighted an inherent tension in the way collective bargaining in the rail industry is governed under the Rail Labor Act (“RLA”). The RLA established a procedure-heavy process with designated roles for multiple federal government actors and an emphasis on mediation, establishing a new, independent executive …


The Supreme Court Revisits Affirmative Action: The Potential For A Major Decline In Diversity, Jessica Waldman Nov 2022

The Supreme Court Revisits Affirmative Action: The Potential For A Major Decline In Diversity, Jessica Waldman

ERSJ Blog

Affirmative action was conceived amidst the civil rights movement of the 1960s as an attempt to create more opportunities for people who have been historically disadvantaged based on their race, religion, or sex. According to the Legal Information Institute, “[a]ffirmative action is defined as a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” In accordance with the policy for government employers, many universities and colleges began to adopt similar policies to combat the historical racial discrimination in higher education, having an effect of more …


The Monkeypox Problem, Sean Dalton Nov 2022

The Monkeypox Problem, Sean Dalton

ERSJ Blog

In the spring and summer of 2022, monkeypox spread throughout the world, and had a prominent impact on the United States. The outbreak became so prevalent that the US Department of Health and Human Services declared monkeypox to be a national emergency in August. While transmission seems to have slowed during the last few months (likely due to the distribution of vaccines) there are serious issues for the US moving forward in terms of how the government reacts to outbreaks, particularly ones that predominantly impact marginalized communities.

This post was originally published on the Cardozo Journal of Equal Rights and …


The Power And Failure Of Fifa To Be A Force For Lgbtq And Human Rights, Issac Gamboa Nov 2022

The Power And Failure Of Fifa To Be A Force For Lgbtq And Human Rights, Issac Gamboa

AELJ Blog

The FIFA World Cup began in November, and with it, the attention of an anticipated three billion viewers turned to this year’s host nation Qatar. Qatar is the first Middle Eastern country to host the event and has spent billions of dollars to quickly build the infrastructure necessary to host the tournament. But as Qatar worked to improve its infrastructure for the tournament, concerns over the host nation’s discriminatory laws against the LGBTQ community caused many to wonder how the strictly religious Arab country could accommodate such a diverse fanbase.

This post was originally published on the Cardozo Arts & …


Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw Nov 2022

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …


Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution Nov 2022

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

Event Invitations 2022

The symposium will explore the changing landscape of international conflicts and the role that dispute resolution can play in strengthening capacity to respond effectively. The keynote address will be given by Anne Leslie, who leads the Cloud Risk and Controls Europe division at IBM, as well as IBM’s Cloud for Financial Services.

The program will consist of three panels featuring academics and practitioners in the fields of dispute resolution and cyber security who will discuss: the history of hybrid warfare and the way it unfolds in the real world; the various ways negotiation theory applies and how it can address …


Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution Nov 2022

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

Flyers 2022-2023

Click here to view the event invitation.


Innocence Project Clinic Information Session, Innocence Project, Benjamin N. Cardozo School Of Law Nov 2022

Innocence Project Clinic Information Session, Innocence Project, Benjamin N. Cardozo School Of Law

Flyers 2022-2023

No abstract provided.


Justice Center Leader's Journey From Prison To Changemaker, Derrick Hamilton Nov 2022

Justice Center Leader's Journey From Prison To Changemaker, Derrick Hamilton

Perlmutter Center News

Derrick Hamilton, deputy director of Cardozo School of Law's Perlmutter Center for Legal Justice, studied law while in prison and won his own exoneration after serving a 21-year sentence. Today, he hopes to make big changes in the justice system to ensure others don't need to do the same.


Can Artificial Intelligence Be Inventors Under Current Patent Law?, Sarah Alexandra Batterman Nov 2022

Can Artificial Intelligence Be Inventors Under Current Patent Law?, Sarah Alexandra Batterman

CICLR Online

As technological developments in artificial intelligence (AI) develop, so have questions as to what AI’s role should be within the larger universe of intellectual property. For instance, in U.S. patent law it is normally the person who conceives of the invention who has the right to be named the inventor of the patent and thus afforded patent protection. “Conception” requires an inventor to have a specific solution to a problem and is considered to be accomplished only when the idea is so clearly defined in the inventor’s mind that “only ordinary skill would be necessary to reduce the invention to …


Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice Nov 2022

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

Event Invitations 2022

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

  • Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law
  • Lindsay Nash, Associate Professor of Law, Co-Director of …


The “Food Blog” Scroll And Its Impact On Online Legal Research, Olivia R. Smith Schlinck Nov 2022

The “Food Blog” Scroll And Its Impact On Online Legal Research, Olivia R. Smith Schlinck

Library Staff Online Publications

After transitioning from a written to a “live” format for assignments in my Advanced Legal Research class, I noticed a vaguely familiar pattern of students unintentionally scrolling past relevant information on their screens.


A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy Nov 2022

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

Event Invitations 2022

The Floersheimer Center for Constitutional Democracy invites you to join us for a conversation with New York Times bestselling author and Supreme Court reporter Dahlia Lithwick to discuss her book, Lady Justice. Cardozo Professor Kate Shaw will moderate.

Click here to view the flyer.