Law Commons^™

An Evening With Steve Madden, Cardozo Fame Center, Cardozo Fashion Law Society

2024 Event Invitations

Join us for a conversation between iconic designer, Steve Madden and Lisa Keith, General Counsel of Steven Madden, Ltd. There will be a reception in the lobby after the event.

Cardozo Holds Two-Week January Intensive Courses Teaching Students Courtroom Litigation And Transactional Skills, Benjamin N. Cardozo School Of Law

Cardozo News 2024

This month, Cardozo once again hosted its renowned January intensive courses, bootcamps for future lawyers that promote experiential learning and provide students with career connections to the real world.

These simulation courses are a cornerstone of our practical experience curriculum, including the Intensive Trial Advocacy Program (ITAP) and the Intensive Transactional Lawyering Program (ITRANS). These programs offer students the chance to gain real-world casework and courtroom experience under supervision from top legal practitioners, who then give them one-on-one feedback on their performances.

Cardozo Law News Brief: January 26, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Michael Herz
• Emmanuel H. Arnaud
• Peter Goodrich
• Jacob Noti-Victor
• Edward Zelinsky

Campus News:

• Cardozo Holds Two-Week January Intensive Courses Teaching Students Courtroom Litigation and Transactional Skills
• Justice Dianne T. Renwick ’86 Pens Piece for New York Law Journal About Diversity On NY's Court System's Bench

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: An Evening with Steve Madden
• Michael Oher and ‘The Blind Side’ of Conservatorships
• The 2024 Cardozo Colloquium on Global and Constitutional Theory Presents: Linda Greenhouse on the Roberts Court
• Cardozo Law Review Symposium on Ethics in the Judiciary and …

The Status Of The Icj Case Of Ukraine V. Russia, Anne Harper

Cardozo International & Comparative Law Review (CICLR) Blog

When Russia launched its full-scale invasion of eastern Ukraine on February 24, 2022, Russia claimed that the use of force in Ukraine was justified since Ukraine was committing genocide. Within a few days, Ukraine filed a petition with the International Court of Justice (ICJ). Ukraine evoked the ICJ’s jurisdiction under Article IX of the Genocide Convention, which provides the ICJ with jurisdiction to resolve “[d]isputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in …

2nd Chance Prom, Cardozo Outlaw

2023–2024 Flyers

No abstract provided.

All Things Adr, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Brief For Amicus Curiae Professor Edward A. Zelinsky In Support Of Appellants And Reversal, Edward A. Zelinsky

Amicus Briefs

DOL’s tie-breaking rule violates ERISA’s duty of loyalty under ERISA § 404(a)(1)(A). ERISA’s duty of loyalty requires ERISA-regulated trustees to invest plan resources for the “exclusive purpose of . . . providing” economic benefits to plan participants and their beneficiaries, “solely in the interest of the participants and beneficiaries.” The tie-breaking rule violates this stringent statutory duty of loyalty because it permits plan trustees investing plan resources to consider “collateral benefits,” i.e., the welfare of third parties or social goals. But ERISA‟s plain text does not permit this result. The words ““solely” and “exclusive purpose” in § 404(a)(1)(A) do not …

U.S. District Judge Ronnie Abrams To Be Keynote Speaker At Cardozo’S 46th Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The Hon. Ronnie Abrams, U.S. District judge for the Southern District of New York, will deliver the commencement address for the Benjamin N. Cardozo School of Law's 46th graduation ceremony at Lincoln Center in June.

Legal Research And The Declining Usefulness Of Google Search, Olivia Smith Schlinck

Library Staff Online Writings

A new year-long study on internet search engine results has rocked the librarian and information worlds: yes, Google really is getting worse.

Hot Cocoa Party, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Cardozo Law News Brief: January 19, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Burton Lipshie
• Michael Pollack
• Gabor Rona
• Richard Weisberg

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: An Evening with Steve Madden
• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein

Testimony

Sham Impeachment “Hearing” #2

Issue: Border Security & Immigration

The Failure Of Australia's Voice Referendum: A Lost Opportunity For Progress?, Jennifer Grubman

Cardozo International & Comparative Law Review (CICLR) Blog

On October 14, 2023, Australia held its first constitutional referendum of the twenty-first century. Had the referendum succeeded, a section would have been added to the Australian Constitution not only recognizing First Nations as the “First Peoples of Australia,” but also establishing a body known as the Aboriginal and Torres Strait Islander Voice, or the Voice. This was not Australia’s first constitutional referendum concerning First Nations. In 1967, Australians voted in favor of an amendment to the Australian Constitution that granted “state and National parliaments … concurrent power” to legislate for the First Nations. However, unlike the 1967 referendum, the …

Ocs Open House, Cardozo Office Of Career Services

2023–2024 Flyers

No abstract provided.

Global Brand Protection In Web 3.0: Blockchain Domain Names And New Legal Challenges, Vera Glonina

Cardozo International & Comparative Law Review (CICLR) Blog

The development of blockchain technologies is changing the world by introducing new systems and opportunities. In particular, blockchain technologies are a key component of so-called Web 3.0, a new generation of the Internet, which incorporates “the idea of a new, decentralized internet built on blockchains, which are distributed ledgers controlled communally by participants.”

This post was originally published on the Cardozo International & Comparative Law Review on January 11, 2024. The original post can be accessed via the Archived Link button above.

Cardozo Mourns The Loss Of Leon Wildes, Benjamin N. Cardozo School Of Law

Cardozo News 2024

It is with deep sadness that we report the death of Leon Wildes, a distinguished immigration attorney and adjunct professor who taught immigration law at Cardozo for 33 years and was a member of the Yeshiva College Board of Overseers. He was 90 years old.

Constitutional Constraint: The United States Should Follow In New Zealand’S Gun Reform Footsteps, Jillian Fantuzzi

Cardozo International & Comparative Law Review (CICLR) Blog

The Second Amendment to the United States Constitution protects “the right of the people to keep and bear arms.” The United States is one of three countries worldwide that provide a constitutional right to bear arms, but the only country where this right is not accompanied by a restrictive condition. Despite the apparent gun crisis that increasingly characterizes the United States, legislators struggle to implement regulation due to the Supreme Court’s classification of the Second Amendment as a right to self-defense. However, where the initial purpose of the Second Amendment was to equip civilians as members of the militia to …

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

Cardozo Law News Brief 2024

Featured Faculty:

• Alexander Reinert
• Young Ran (Christine) Kim
• Myriam Gilles
• Kathryn Miller
• Jocelyn Getgen Kestenbaum
• Jessica Roth
• Matthew Wansley
• Samuel Weinstein
• Edward Zelinsky

Events:

• Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis?

Indigenous Peoples, Land Grabs In Brazil, And The Fight For Official Recognition, Christian Zavardino

Cardozo International & Comparative Law Review (CICLR) Blog

In recent years, the Indigenous peoples of Brazil have fought a host of legal obstacles to maintain sovereignty over their traditional ancestral lands, in large part owing to the policy imperatives of successive presidential administrations and Congresses that have favored agribusiness interests and commercial development of Brazil’s interior regions at the expense of the Indigenous peoples who live in these areas. The Brazilian Constitution of 1988 guarantees Brazil’s Indigenous peoples legal recognition of their ancestral lands via the “land demarcation” or “official land recognition” process, providing that the federal government shall recognize “their original rights to the lands they traditionally …

Against Gap-Filling, Noah C. Chauvin

Cardozo Law Review de•novo

Legal scholars delight in gap-filling. They frequently claim that their works have identified a gap in the literature and to have filled (or begun filling) that gap. However, all too often, these same papers fail to explain why the gap needed to be filled at all. Indeed, despite a robust tradition of meta-scholarship, the legal literature is largely devoid of a theory of academic gap-filling. This essay fills that gap, arguing that gap-filling for the sake of gap-filling is an error for three interconnected reasons. First, gaps might exist for a good reason. Second, concern with gap-filling is often a …

Reforming Informed Consent To Include Comprehension: A Proposal To Promote Equity In Medical Decision-Making, Valerie Gutmann Koch

Cardozo Law Review de•novo

The ethical goals of the legal doctrine of informed consent are lofty. The law requires that clinicians explain the risks, benefits, and alternatives of proposed treatments to patients, and to respect patient autonomy through voluntary, informed medical decisions aligned with individual values and preferences. Yet in practice, patients often struggle to comprehend the risks and alternatives of a proposed medical intervention. Since investigators began analyzing the sufficiency of informed consent, it has been recognized that the current rules, which focus solely on clinical disclosures, are inadequate in addressing disparities associated with education, race/ethnicity, and age. Despite technically “adequate” disclosures under …

Meaningful Or Meaningless? The Temporal Scope Of The Constitutional Right Of Access To Courts For Incarcerated Litigants, Alison Aimers

Cardozo Law Review de•novo

This Note will advocate for the position taken by the Third and Seventh Circuits that incarcerated individuals’ right to affirmative assistance in accessing legal materials extends past the pleading stage to all stages of civil rights claims and post-conviction criminal appeals. U.S. Supreme Court precedent supports this position, and judicial clarity on this issue is required to best protect the constitutional right of access in light of significant existing barriers to incarcerated litigants’ access to courts.

Harnessing Hypocrisy: A Crack In The Supreme Court’S Colorblindness Mask, Zamir Ben-Dan

Cardozo Law Review de•novo

This Essay contends that the Supreme Court’s denial of certiorari in Harness v. Watson stands as a testament to its hypocrisy. The day after the Court professed an allegiance to promoting racial equality in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, it refused to even consider invalidating a clear barrier to racial equality. The day after the Court struck down a remedy designed to address a long, sad, and painful history of racism, the Court left undisturbed an obvious symbol of this long, sad, and painful history of racism. When juxtaposed against both the denial …

Corn War: A Trade Fight Between The United States And Mexico, Ernesto Hernández-López

Cardozo Law Review de•novo

An international fight grows over corn. The United States claims that México’s ban on genetically modified (GMO) corn violates the United StatesMexico-Canada Agreement (USMCA). México prohibits GMO corn for human consumption. American arguments focus on Sanitary and Phytosanitary (SPS) measures, covered in Chapter 9 of the USMCA. A trade panel will review these.

This Essay first describes SPS arguments and relevant trade rules. The United States’ complaints emphasize that México’s ban is excessive, is not consistent with international standards, and mishandles risks. Second, the Essay identifies the obstacles American positions face: weak mandates and deference to México. Chapter 9 of …

Professional Norms At A Crossroads: Farhane And Its Implications For Legal Counsel, Hayley Sandoval

Cardozo Law Review de•novo

This Note examines the right to effective assistance of counsel during guilty pleas through the lens of the pending Second Circuit case Farhane v. United States. This case will have significant implications for the right to effective legal representation, particularly in terms of defense attorneys’ duty to warn clients of the potential risk of denaturalization as a consequence of pleading guilty. In May 2024, the court reheard Farhane en banc and will issue a decision later this year. If this opinion aligns with the court’s initial decision, it will severely limit the rights of all defendants in criminal proceedings in …

Expanding Homicide Liability For A Parent’S Omission, Monu Bedi

Cardozo Law Review de•novo

Earlier this year, Jennifer and James Crumbley were convicted of manslaughter and sentenced to 10-15 years for not stopping their teenage son, Ethan, from killing four students at his high school. This is the first known occurrence of an American prosecutor obtaining a homicide conviction relying on a parental omission—or failure to act—where the victim was not the parent’s own child. Parental omissions historically have only triggered homicide charges if the parent fails to protect their child, not others, from harm. Unlike the general population, parents owe a special duty to their child because they are the ones tasked to …

Justice Over Finality: Compassionate Release As A Mechanism To Correct Sentencing Errors, Eliza Stup

Cardozo Law Review de•novo

The passage of the First Step Act of 2018 provoked a wave of scholarship analyzing the impact of the Act on compassionate release. However, little attention has been paid to the newfound potential for sentencing errors to fit within the compassionate release framework. This Note addresses a federal circuit split over the legality of sentencing errors as a ground for compassionate release. Drawing on statutory text, legislative history, and recently promulgated U.S. Sentencing Commission guidelines, this Note seeks to provide a robust defense for judicial discretion to consider sentencing errors as a basis for compassionate release. Sentencing errors represent a …

Book Review: Connecticut Legal Research [2nd] By Anne Rajotte & Jessica Rubin, Joshua Levine

Library Staff Online Writings

Connecticut Legal Research is part of a series of guides for legal researchers in individual states. The second edition of the series’ Connecticut volume is completely revised from the first edition and has different authors. The authors have the goal of explaining the sources of Connecticut law and the process of conducting legal research effectively, not only in the context of Connecticut, but more generally with federal and national resources. They succeed in that goal, giving detailed information about Connecticut law and resources for research, as well as extensive discussion of the legal research process overall.

Book Review: Hawai‘I Legal Research By Victoria Szymczak, Cory Lenz, And Roberta Woods, Joshua Levine

Library Staff Online Writings

As a former independent kingdom that became a state in the United States, Hawai‘i has a unique legal history and culture. Research into Hawaiian law requires an awareness of the legal research issues that are common to every U.S. state, as well as issues specific to Hawai‘i. This first edition of Hawai‘i Legal Research meets the needs of researchers who are new to Hawaiian law, whether they are law students researching for the first time or more experienced practitioners. In addition to covering Hawai‘i state legal research, the authors discuss more general strategies that are useful for any researcher, including …

Global Policy Leaders And Sustainability, Joyce Aluoch

Cardozo Journal of Conflict Resolution

In 2024, can mediation still be referred to as the "sleeping beauty," which is beautiful and needs to be proven and promising, making it logical that mediation can catch up? In my presentation I will examine measures to awaken a vibrant and attractive sleeping beauty.