Law Commons^™

Adr And Capital One’S Acquisition Of Discover, Yakov Schwalb

Cardozo Journal of Conflict Resolution (CJCR) Blog

On February 19th Capital One announced that it was buying Discover for $35.3 billion. If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer. However, many have voiced concerns with this deal. Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law. Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit card market, with unprecedented powers to extort American consumers," while Senator Elizabeth Warren of Massachusetts …

Restitution Of Nazi Looted Art, Jewish Law Student Association (Jlsa), Art Law Society

2023–2024 Flyers

No abstract provided.

Can You Smell A Lawsuit Cooking? Possible Risks With The Rock’S Trademarks, Cameron Brody

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dwayne Johnson is one of the most recognizable and successful working actors on the planet. For an entire generation, he is synonymous with smash-hit franchises such as Baywatch, Tooth Fairy, and Jungle Cruise. In fact, between 2019 and 2021, he was the highest-paid actor in Hollywood and raked in $270,000,000 in 2022 alone. Further, he is a co-founder of Teremana Tequila, which holds an estimated value of $3.5 billion, putting him on track alongside George Clooney and Ryan Reynolds as success stories in the celebrity alcohol market. His most recent endeavor, however, may put him on track towards a series …

Shades Of Green: Navigating The Legality Of Environmental Marketing, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.

This post was …

Without Congressional Action, An 1873 Law Could Result In A National Abortion Ban, Hope Peraria

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

On March 26, 2024, the Supreme Court heard oral arguments for U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine which involves Food and Drug Administration (“FDA”) regulations of mifepristone, a drug that induces abortion. The case raises questions about the future of abortion access throughout the U.S. and, more broadly, the ability of courts to review and limit the FDA’s expert decision-making and regulating. During the oral arguments, two Justices were focused on a long-dormant law that could be used to ban abortion nationally with no action from congress: The Comstock Act.

This post was originally published on …

Assessing Standing In Fda V. Alliance For Hippocratic Medicine, Katie Negroni

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Last week the Supreme Court heard oral arguments in FDA v. Alliance for Hippocratic Medicine. This case arose out of a challenge to the FDA’s authorization of mifepristone, one of the two drugs currently approved for use in medication abortions. The Supreme Court considered two issues: first, whether the respondents had Article III standing to challenge the FDA’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use, and second, whether the “FDA’s 2016 and 2021 actions were arbitrary and capricious.” In 2016, the FDA loosened restrictions around the authorization and use of mifepristone, including eliminating the requirement …

The Seminar Paper Topics Graveyard, Olivia Smith Schlinck

Library Staff Online Writings

I often teach one-off academic research instruction sessions for law students, for either those working on a journal or those in a writing seminar.

My approach to these sessions is relatively standard—demonstrate the sources and strategies for academic legal research—but tailored to the individual needs and overall topic of each course. One of my favorite ways to personalize a session is to demonstrate the research process using a topic that matches the class itself. A “fake paper,” if you will.

Escalating Conflict-Related Sexual And Gender Violence In The Ongoing Sudan Conflict, Agnes Poplawski

Cardozo International & Comparative Law Review (CICLR) Blog

Since its independence from Great Britain and Egypt in the late 1950s, Sudan has been in a state of perpetual internal conflict. When Omar al-Bashir seized power and became Sudan’s president in 1989, the state had split into northern and southern Sudan, resulting in South Sudan’s secession. Sudan’s economy began to deteriorate, mass street protests erupted, and the military-civilian government was soon created and overthrown in 2021 when General Abdel Fattah al-Burhan took over. Since this time, the country had been run by a council of generals led by two military figures from opposing groups, bringing us to Sudan’s current …

Fiesta: Celebrating Latin Excellence, Latin American Law Student Association (Lalsa)

2023–2024 Flyers

No abstract provided.

Reply Brief Of Edward A. And Doris Zelinsky In The New York Tax Appeals Tribunal, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

Three reasons of state law independently compel a refund of the New York income tax Professor Edward A. Zelinsky paid on the Cardozo Law School salary Professor Zelinsky earned during the COVID period from March 15, 2020 through December 31, 2020. That salary was not New York source income because Professor Zelinsky earned that COVID period salary at his home in Connecticut “wholly without” New York’s borders. 20 N.Y.C.R.R. § 132.4(b). In addition, New York’s “convenience of the employer” rule does not apply to that COVID period salary because Professor Zelinsky’s remote work at home was for Cardozo’s necessity rather …

Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

Toward The Substitutionary Promise Of Ptab Review, Saurabh Vishnubhakat

Online Publications

Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and the U.S. district courts allow the agency to disregard prior judicial decisions about patent validity and for patents to be relitigated even after surviving judicial review. Divergent claim construction standards allow for similar arbitrage, and, although the USPTO has now aligned its claim construction approach with that of the courts through rulemaking, that …

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

2023–2024 Flyers

Con Law - April 8, 2024

Property - April 10, 2024

Contracts - April 15, 2024

Criminal Law - April 17, 2024

Dean Melanie Leslie’S Office Hours, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Join Dean Leslie and Professor Emeritus Richard Weisberg, author of ‘Vichy Law and the Holocaust in France,’ for a discussion on World War II, the Nazi occupation of France and how the French legal system was changed to perpetuate the Holocaust in France.

Cardozo Law News Brief: April 5, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Samuel Weinstein
• Kate Levine
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Alma Magana
• Jessica Roth
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: A Conversation with Mark Weber

Unmasking Deepfakes: Navigating The Copyright Quagmire, Ben Gross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the ever-evolving landscape of digital technology, the emergence of deepfake technology has raised profound concerns, especially in the realm of copyright law. Deepfakes, sophisticated synthetic media created using artificial intelligence, can manipulate or replace existing content, often blurring the lines between reality and fiction.1 As these digital creations become more prevalent, questions surrounding their implications under copyright law have taken center stage.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2024. The original post can be accessed via the Archived Link button above.

We Don't Talk About Insurance (No, No, No!), Anthony J. Sebok

Articles

Kenneth S. Abraham and Catherine M. Sharkey's The Glaring Gap in Tort Theory has a dramatic title. The article, which is about the unheralded and unappreciated role that liability insurance plays in tort, promises to make good on two claims-first, that the major (or a major) "missing piece" in modern tort scholarship is liability insurance, and second, once this missing piece is identified, it is impossible to ever see tort law the same way again.

Brooklyn Museum Gallery Tour, Art Law Society

2023–2024 Flyers

No abstract provided.

Gender Quotas For Boards Of Directors: Norway And The United States, Lucy Paiste

Cardozo International & Comparative Law Review (CICLR) Blog

Despite unprecedented progress for women in the workplace, at the highest rung of the corporate ladder, the status quo remains. Women now account for more than half of the college-educated workforce in the United States and more than half of all currently enrolled law students. Looking further up, however, progress is slower. In 2023, for the first time in history, female CEO’s outnumbered CEO’s named John. Globally, women only occupy twenty percent of seats on corporate boards. More educated women participate in the corporate world at higher rates than ever, but what explains deficient representation at the top?

This post …

19th Annual E. Nathaniel Gates Awards: A Celebration Of Queer Excellence, Cardozo Outlaw

2023–2024 Flyers

No abstract provided.

Hate Speech And Online Antisemitism, Louis D. Brandeis Center For Human Rights Under Law, The Brandeis Center’S Cardozo Law Student Chapter

2023–2024 Flyers

No abstract provided.

Cardozo Welcomes 53 Top Firms For Employer Forum, Cardozo Office Of Career Services

Cardozo News 2024

The Cardozo School of Law lobby was abuzz on Wednesday night as the Office of Career Services welcomed some of the most prestigious law firms to the school for its annual employer forum.

1l Q&A Lunch, Cardozo Business Law Society

2023–2024 Flyers

No abstract provided.

Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, Cardozo International And Comparative Law Review, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.

Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society

2023–2024 Flyers

No abstract provided.

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)

2023–2024 Flyers

No abstract provided.

Using Adr To Help Resolve Nyc’S Eviction Crisis Since The Termination Of The Tenant Safe Harbor Act, Jacob Siri

Cardozo Journal of Conflict Resolution (CJCR) Blog

In a post-pandemic world, describing New York City Housing Court as “time-consuming” would be a drastic understatement. New York City faces a staggering backlog of at least 70,000 eviction cases, causing some to linger for more than four years. The backlog is due to a shortage of judges, pandemic-instituted moratoria, an influx of new cases, and a myriad of other reasons. New York City’s Tenant Safe Harbor Act was introduced at the start of the pandemic on March 7th, 2020, but has since been terminated on January 15th, 2022. The act protected tenants who could not pay rent due to …

Kukin Program Newsletter – Spring 2024, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2024 highlights recent achievements, events, and developments in Cardozo Law School’s Alternative Dispute Resolution (ADR) program. Key features include student accomplishments in national ADR competitions, faculty contributions to international conferences, and updates on new courses like Dispute Systems Design and International Investment Arbitration. The issue also covers the Cardozo Divorce Mediation Clinic’s 13th anniversary, faculty spotlights, and the Cardozo Dispute Resolution Society’s inaugural Arbitration Day. This newsletter reflects the Kukin Program's commitment to advancing ADR education and supporting students in impactful, real-world learning experiences.

Emotionally Harmed? It Might Not Matter: An Analysis Of Cummings V. Premier Rehab Keller And Its Implications For Title Ii Of The Americans With Disabilities Act Of 1990, Sotir Zhupa

Cardozo Law Review

On April 28, 2022, the U.S. Supreme Court handed down an opinion that shocked the disability rights community. In Cummings v. Premier Rehab Keller, P.L.L.C., the Court ruled that compensatory damages for emotional distress may not be recovered by claimants who sue for disability discrimination under section 504 of the Rehabilitation Act of 1973 (section 504) and section 1557 of the Patient Protection and Affordable Care Act of 2010..

Cummings involved a woman, Jane Cummings, who is both deaf and legally blind. Because of her disabilities, she communicates through American Sign Language (ASL)—her first and primary language—and cannot communicate …

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 30, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.