Law Commons^™

Privacy Shield 2.0—A New Trans-Atlantic Data Privacy Framework Between The European Union And The United States, Sara Gerke, Delaram Rezaeikhonakdar

Cardozo Law Review

This Article is the first to thoroughly examine the new adequacy decision for the Trans-Atlantic Data Privacy Framework (also known as “Privacy Shield 2.0”), including the relevant events and milestones ultimately leading to its adoption. The European Commission adopted the new Privacy Shield on July 10, 2023, to restore transatlantic data flows and commercial exchanges between the European Union and the United States. This Article first explores the holdings of the Court of Justice of the European Union in the groundbreaking cases Schrems I and Schrems II and elaborates on the reasons for the invalidation of the Safe Harbor Decision …

Table Of Contents - Cardozo Law Review, Volume 45, Issue 2

Cardozo Law Review

No abstract provided.

Shadow Districts, Quinn Yeargain

Cardozo Law Review

Redistricting disputes—for congressional, state legislative, and local districts—have proven all-consuming in politics. Litigation over the legality of districts, under both federal and state law, is near constant when decennial redistricting occurs. But largely omitted from redistricting litigation and scholarship, however, are the districts drawn to elect members of statewide boards. These boards have outsized authority over some of the most salient disputes in politics today, with state boards of education setting policies for what can be taught in classrooms and how LGBT students are treated by the public education system, public utility commissions adopting policies for renewable energy production and …

Applying Militant Democracy To Defend Against Social Media Harms, Neil Netanel

Cardozo Law Review

Social media inflict multiple harms on liberal democracy. Online platforms thrive on propagating emotionally inflammatory content that maximizes user engagement. Too often that entails amplifying disinformation, hate speech, online extremism, and deep-seated partisan animosity. Tellingly, as documented in testimony before the House Select Committee to Investigate the January 6th Attack, in the weeks following the 2020 presidential election, Facebook, Twitter, YouTube, and Reddit knowingly enabled a firestorm of vitriolic far-right election denial on their platforms. In so doing, a Select Committee staff report concludes, the platforms “helped to facilitate the attack on January 6th.”

In Satan We Trust: The Satanic Temple’S Ongoing Crusade To Protect Abortion Rights, Bradley Koberg

Cardozo Law Review

In the summer of 2022, the Supreme Court overruled the nearly fifty-year-old precedent of Roe v. Wade, eliminating the constitutional right to an abortion. This was one of several decisions in which the newly minted conservative supermajority undermined what could be seen as progressive precedents. At the same time, the Court has been elevating religious liberty claims and strengthening legal protections for religious individuals and organizations (predominantly Christian). For anybody who cares about the “so-called separation of . . . church and state,” this conservative Christian reformation taking place in the nation’s highest court is a cause for concern.

However, …

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

No Bullying Allowed Here: Adopting A Misuse Doctrine To Defeat Trademark Bullies, Jessica Shechtman

Cardozo Law Review

In order to maintain trademark rights, trademark owners are encouraged to enforce and police their trademarks through civil actions. Enforcing trademark rights is encouraged and incentivized by the Lanham Act because failure to do so may result in harsh consequences for trademark owners. Some of these consequences include weakening of strength or abandonment of the mark, which may result in loss of trademark rights. However, large companies go above and beyond to police and protect their trademarks. At times, this overenforcement is unethical and crosses a fine line between following the law and abusing the law, causing a number of …

The Return Of A Beloved Franchise: How Video Game Developers And Nil Licensing Brokers Can Use Mediation To Resolve Their Disputes, Nicholas Wynne

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of June 30, 2021, the NCAA no longer prohibited collegiate athletes from profiting from their name, image, and likeness (NIL). This was good news for EA Sports, a sports video game developer, considering that it announced in February of that year that it planned to bring back its college football game. Prior to this news from the NCAA, EA Sports was planning on moving forward with the game without rosters that contained the names, images, or likenesses of any collegiate players, but remained hopeful that NIL rules would change in the future. Luckily for EA Sports, the NCAA rules …

Are Compelled Arbitration Clauses In Coaches’ Contracts With The Nfl Effective And Fair To All Parties?, Andreas Kouzouloglou

Cardozo Journal of Conflict Resolution (CJCR) Blog

Employment agreements between football coaches and the NFL grants the NFL commissioner “the full, and complete, and final jurisdiction and authority to arbitrate” various forms of disputes between the two parties. There is one case that is currently being litigated challenging the legality of this arbitration provision. In Flores v. NFL, the plaintiffs attack the clause for being overbroad and unconscionable. Arbitration agreements can be an effective way to settle disputes as an alternative to litigation, but sometimes when there is unequal bargaining power resulting in one entity in complete control of the process, the negative consequences outweigh potential benefits. …

Student Animal Legal Defense Fund And Office Of Student Services Invites You To: Finals Fun, Cardozo Student Animal Legal Defense Fund, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Fall 2023 Giftbag Giveaway, Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Ace Your Exams With Cils, Cardozo International Law Society (Cils)

2023–2024 Flyers

No abstract provided.

Rise Up Cardozo Campaign Hits $37 Million, Benjamin N. Cardozo School Of Law

Cardozo News 2023

As we stand at the halfway point of Cardozo School of Law's transformative comprehensive campaign, Rise Up for Cardozo, the generous support of our alumni community has been both humbling and inspirational. To date, we have raised more than $37 million toward our goal to raise $50 million by our 50th Anniversary in 2026. This achievement is a testament to the dedication of our alumni community, whose invaluable contributions propel Cardozo forward.

A Comparative Analysis Of The Animal Protection Laws In The United States And Switzerland, Kelly Ziyu Xia

Cardozo International & Comparative Law Review (CICLR) Blog

In the words of Mahatma Gandhi, “The greatness of a nation and its moral progress can be judged by the way its animals are treated.” This statement underlines the significance of how a society cares for those under its dominion, particularly those who are defenseless. Animal welfare laws vary widely across the globe, reflecting the diverse approaches taken by different countries to protect the interests of animals. While the United States has made commendable strides, the current legal framework for animal protection remains inadequate. Both Switzerland and the United States have federal laws that aim to protect animal welfare, but …

The Urgent Issue Of Suicide In Nyc Jails, Kathleen Leuty

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

Half of the people currently detained in New York City jails have a mental health diagnosis. Since 2020, the number of incarcerated people with a serious mental illness in New York City jails has nearly doubled—from 672 to 1,207 people. The medical support offered to those in jail suffering from mental illness, however, has not seen corresponding growth. The number of medical appointments missed by those incarcerated in New York City is staggering: “the monthly number of missed medical visits has spiked by 21%, from 9,259 in August 2022 to 11,176 in June 2023, outpacing growth in the jail population.” …

Clemency: A Tool For Extreme And Discriminatory Sentences, Benjamin N. Cardozo School Of Law

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

For Joaquin Winfield, April 7, 2023, will forever be a day to remember. That is when he was granted clemency by New York Gov. Kathy Hochul after serving 26 years in prison for possession of 4.6 ounces of crack. The disparity in sentences given to people from different races for similar crimes has been widely written about in recent years. Winfield was sentenced under the now-repealed Rockefeller Drug Laws of the 1970s and 1980s. He was sentenced to 37.5 years to life, one of the longest prison sentences in …

Perlmutter Center For Legal Justice Wins Clemency Appeal For Its First Client, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Just two days after his release from decades in prison, Bruce Bryan visited Cardozo students to thank them for their efforts in aiding his clemency case.

A $53m Settlement That Will Improve Conditions In Ny Prisons And Jails, Alexander A. Reinert

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Professor Alexander Reinert has seen his work bring about major changes in prison and jail conditions in New York City and New York State many times. In April 2023, he was co-counsel with lawyers of Cuti Hecker Wang LLP in a historic settlement in Miller v. City of New York, which involved detainees held in restrictive isolation at two jails on Rikers Island and one unit at what was then the Manhattan Detention Complex.

Civil Rights Clinic Wins Historic Louisiana Case Ending Solitary Confinement Of Individuals Awaiting Death Sentences, Betsy Ginsberg, Cardozo Civil Rights Clinic

Cardozo News 2023

This article appeared in the 2023 edition of Cardozo Life magazine.

Should an incarcerated person who has been sentenced to death be required to live out the rest of his or her life in solitary confinement? Not according to the Cardozo Civil Rights Clinic, which recently won a historic settlement changing policy in Louisiana prisons.

Week Of November 20, 2023 - November 24, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Ups And Teamster: Setting A New Bar For Negotiations And Conflict Resolution, Angel Zheng

Cardozo Journal of Conflict Resolution (CJCR) Blog

On July 25th, 2023, the International Brotherhood of Teamsters (“Teamster”) reached a tentative agreement with United Parcel Service (“UPS”), affecting more than 340,000 UPS workers. A month later, on August 22nd, 86% of the union members voted in favor of ratifying the National Master Agreement. The negotiated agreement not only prevented one of the largest strikes in U.S. history, but also raised the bar for all workers in the labor movement. This entire conflict demonstrates the importance of negotiations and dispute resolution because negotiation was able to help avoid a major strike and negotiate a favorable contract.

This post was …

Movie Night: "Angeliki" Courtesy Of Fly Theater, Cardozo For Immigrants' Rights And Equality (Fire)

2023–2024 Flyers

No abstract provided.

Brandeis Center Presents: Navigating The Israeli-Palestinian Conflict With Justin Ellis, The Louis Brandeis Center For Human Rights Under Law

2023–2024 Flyers

No abstract provided.

Cardozo Law News Brief: November 17, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Samuel Weinstein
• Jessica Roth
• Alexander Reinert
• Jocelyn Getgen Kestenbaum
• Pamela Foohey
• Edward Zelinsky
• Michel Rosenfeld

The Roe Repeal Behind Bars: Prison Pregnancies In A Post-Dobbs World, Hani Fish-Bieler

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

165,000 women are estimated to be incarcerated in the United States. These are disproportionately women of color, as Black women are incarcerated at a rate two times higher than that of white women. Around 58,000 pregnant individuals are processed into jails, prisons, and other detention facilities in the United States every year. Approximately 6 to 10 percent of women are pregnant when they enter prison or jail, and about 1400 newborns are born to women in custody. This population has been and will continue to face the challenging effects of the Supreme Court’s 2022 repeal of Roe v. Wade in …

Does Speaker Johnson's Election Forewarn Federal Anti-Lgbt Legislation?, Gerald Dryden

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

On October 25, 2023, fourth-term Representative of Louisiana Mike Johnson was elected Speaker of the House. Within three weeks, he laid the groundwork to avoid the feared projected partial government shut down. So why does Johnson consistently score a zero on the Human Rights Campaign’s Congressional Scorecard? The answer has long caused controversy: Speaker Johnson is ardently anti-LGBTQ+.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 17, 2023. The original post can be accessed via the Archived Link button above.

Annual Educational Shabbat, Cardozo Jewish Law Student Association (Jlsa), Jewish Graduate Student Initiative

2023–2024 Flyers

No abstract provided.

Navigating The World Of Tiktok Influencers And Using Adr Methods To Negotiate Brand Deals And Contracts, Peri Ayzidor

Cardozo Journal of Conflict Resolution (CJCR) Blog

Anyone using social media in the last three years has been exposed to or heard of TikTok. With over 1.4 billion monthly active users, the social media platform TikTok has taken the world by storm. It allows users to create videos lasting from 15 seconds to three minutes, covering thousands of categories, from makeup tutorials to tutoring explanations. The app has been a particular hit for influencers. An influencer is someone who has the power to impact the purchasing decisions of others because of a certain appeal or relationship with the audience. Many influencers have taken advantage of the app’s …

Environmental Law & Policy Networking Happy Hour, Cardozo Environmental Law Society

2023–2024 Flyers

No abstract provided.

Advocate Training Session 2 Of 2, Cardozo Courtroom Advocates Project (Cap)

2023–2024 Flyers

No abstract provided.