Law Commons^™

Fall 2026 Cardozo Law Clinic Info Sessions, Benjamin N. Cardozo School Of Law

2026 Event Invitations

Fall 2026 Clinic Fair Today, March 4 12:45 - 2 p.m.,

• Student Ambassador Contact List
• Field Clinic and Externship Program Info Session
• In-House Clinic and Pro Bono Scholars Info Session

Clinic Application Deadline: Monday, March 16 at 12 p.m.

Character & Fitness, Teach In, Benjamin N. Cardozo School Of Law

2025–2026 Flyers

No abstract provided.

Outlaw Presents Queer Trivia Night, Cardozo Outlaw

2025–2026 Flyers

No abstract provided.

Mid Law Career Forum, Cardozo Business Law Society, Cardozo Office Of Career Services, Heyman Center On Corporate Governance

2025–2026 Flyers

No abstract provided.

Liam Malanaphy: 18-B Attorney Speaks!, Cardozo Criminal Law Society

2025–2026 Flyers

Former prosecutor turned defense attorney. Learn about defending indigent clients and life as an 18-B attorney.

A Discussion Of The History Of Punishment And Democracy, National Lawyers Guild, Cardozo Chapter, Center For Rights And Justice

2026 Event Invitations

A Cardozo National Lawyers Guild Abolition Week event co-sponsored by The Center for Rights and Justice. Professor Judith Resnik (Yale Law School) will discuss the history of punishment and democracy, drawing on themes from her book Impermissible Punishments: How Prison Became a Problem for Democracy. Professor Resnik will be joined by Cardozo Professors Betsy Ginsberg, Kate Levine, and Alex Reinert.

Women In Law: Navigating The Profession From Law School To Practice, Cardozo Women's Law Initiative

2025–2026 Flyers

No abstract provided.

A Discussion Of The History Of Punishment And Democracy, National Lawyers Guild, Cardozo Chapter, Cardozo Center For Rights And Justice

2025–2026 Flyers

Cardozo NLG Abolition Week Event

After Universal Injunctions: The Practical Perils Of Trump V. Casa, Rajiv Malhotra

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

On his first day in office, President Trump signed an executive order seeking to drastically limit birthright citizenship—a longstanding constitutional principle under which individuals born in the United States automatically acquire citizenship, regardless of their parents’ immigration status. While many supporters of President Trump commended the order as a necessary protection against illegal immigration, constitutional law scholars on both sides of the political spectrum did not share this enthusiasm. The executive order was widely understood to conflict with the Citizenship Clause of the Fourteenth Amendment and the Immigration and Nationality Act of 1952, which codifies statutory protections for birthright citizenship. …

Celebrate The Year Of Fire Horse With Apalsa, Asian Pacific American Law Students Association (Apalsa)

2025–2026 Flyers

Lunar New Year Celebration

Can They Take Your Money If You’Re Not Here ?, Cardozo Tax Law Society

2025–2026 Flyers

Come listen to a mock trial of Professor Zelinsky's ongoing case against New York for a tax assessment.

The Trump Administration’S Theory Of Constitutional War Powers: “The President Could Decide”, Rebecca Ingber

Online Publications

President Donald Trump has launched another unlawful war, this time in the service of regime change in Iran. The administration has been threatening the use of force for weeks, but provided very little public justification, description of what the president hoped to accomplish, or explanation for how the use of force would effectuate such goals. It has also to date presented no legal justification whatsoever. Much of what we know at this moment about how the administration views, and how it lawyers, questions of war powers can be derived from the one legal memorandum the administration has released on the …

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Cardozo Law Review

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

Complicit Nullification: The Illegitimate (Abrogation) Of School Religious Liberty Precedent, Amanda Harmon Cooley

Cardozo Law Review

Louisiana has enacted legislation that mandates the display of the Ten Commandments in every public school classroom. This statutory mandate directly contradicts the Supreme Court’s extant precedent in Stone v. Graham. Legislators in Texas, North Dakota, South Dakota, Oklahoma, Tennessee, and Kentucky have also indicated plans to introduce similar unconstitutional legislation, defying the Supreme Court’s interpretations of the First Amendment’s Religion Clauses. Similarly, Texas and Florida now permit public school chaplains or Bible-based public school curricula, which violates the Court’s longstanding prohibitions on such actions, as established in its 1948 ruling in Illinois ex rel. McCollum v. Board of Education …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

Article Iii Standing And The Public Interest Class Action, Sharon Brett

Cardozo Law Review

This Article suggests a new focus for Article III standing in public interest class actions brought under Federal Rule of Civil Procedure 23(b)(2). Rule 23(b)(2) is a vital tool for protecting communities from civil rights abuses. It is also receiving new attention in the wake of Trump v. CASA, the Supreme Court’s decision in June 2025 that severely restricted the use of nationwide injunctions. Rule 23(b)(2) cases seek only injunctive relief and are designed to permit individuals to pool their adjudicative power to prevent constitutional violations by government officials. A complicated web of doctrinal entanglements, including a heightened requirement for …

Table Of Contents, Cardozo Law Review, Volume 47, Issue 3

Cardozo Law Review

No abstract provided.

Necessity Or Preference? Navigating The Role Of Physical Presence In The Post-Pandemic Workplace, Shelby Wray

Cardozo Law Review

The COVID-19 pandemic fundamentally altered how society conceptualizes the spatial boundaries of the workplace, proving that businesses can operate effectively without requiring employees’ physical presence. As remote work gained legitimacy during the pandemic, longstanding assumptions about where jobs can be performed—and where legal protections apply—have come into question. In particular, the scope of the Americans with Disabilities Act (ADA) has become increasingly hazy, especially regarding when the ADA is triggered outside of the physical workplace.

Currently, there is a circuit split as to whether employees with disabilities are entitled to ADA protections for their commute to work. This Note addresses …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Sidewalk Living, Michael C. Pollack

Articles

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these finite …

Resurrecting Immigration Releases, Lindsay Nash

Articles

The nation’s “mandatory” immigration-detention laws sustain its largest civil-imprisonment system—and just radically expanded in scope and breadth. These laws consign broad swaths of suspected noncitizens to no-bail pretrial detention, denying tens of thousands of people facing civil regulatory charges any chance to prove they need not be detained. These laws turn split-second arrest decisions into jail sentences. They force people to give up meritorious claims. And they confound the historic presumptions—liberty, innocence, prosecutorial discretion, and bail—that undergird other pretrial-detention regimes.

Although mandatory immigration detention conflicts with fundamental constraints on analogous detention regimes, the Supreme Court has treated it as exceptional …

Cardozo Law News Brief: February 27, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the February 27, 2026, Cardozo Law News Brief include:

• Student leaders hosted expert panels during P*LAW Week 2026, bringing together the Cardozo community to address pressing public interest law issues under the guidance of the Center for Public Service Law.

• Professor David Rudenstine was quoted in USA Today discussing heightened tensions between the Trump administration and the press.

• Professor Peter Markowitz spoke to NewsNation about no-bond ICE detentions and the growing number of successful habeas petitions challenging federal detention practices.

• Professor Tyson-Lord Gray authored a Law360 article analyzing interstate litigation strategy surrounding SNAP regulatory challenges.

Faculty news …

The Abortion Case The Supreme Court Has Been Waiting For?, Rachel Landis

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

This past week, Louisiana’s Attorney General filed a lawsuit, Markezich v. FDA, challenging the distribution of medication abortion to patients without an in-person doctor’s appointment. When the Supreme Court rejected a challenge to the Food and Drug Administration’s (“FDA’s”) approval of mifepristone in 2024, it was considered a setback for the anti-abortion movement.  Markezich confronts the FDA’s approval of telehealth, and the Supreme Court could rule differently this time because of key differences in standing.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 26, 2026. The original post can be …

Happy Hour, Minority Law Student Alliance (Mlsa), Latin American Law Students Association (Lalsa), Asian Pacific American Law Students Association (Apalsa)

2025–2026 Flyers

No abstract provided.

Professionalism Etiquette And Email Lab, Cardozo Fashion Law Society

2025–2026 Flyers

Join us for an interactive workshop with coffee, tea, cookies and brownies !

Hayman Center Lunch, Heyman Center On Corporate Governance

2025–2026 Flyers

EU and US approaches to sustainable finance,

Cardozo Talent Show, Student Bar Association (Sba)

2025–2026 Flyers

Have a talent you've been hiding from your friend ? Ready to find out who's a secret superstar ? Come show off or show out for the annual talent show!

Fall 2026 Cardozo Law Clinic Info Sessions, Benjamin N. Cardozo School Of Law

2026 Event Invitations

Field Clinic and Externship Program Info Session
Wednesday, February 25 Live Virtual Session - Zoom link to follow 12:45 - 2 p.m., Viewing Room 424

In-House Clinic and Pro Bono Scholars Info Session
Monday, March 2 12:45 - 2 p.m., Moot Court Room

Fall 2026 Clinic Fair Wednesday,
March 4 12:45 - 2 p.m., 3rd Floor Student Lounge

Clinic Application Deadline: Monday, March 16 at 12 p.m.

Orrick On Startup Law At The Intersection Of Business And Technology, Cardozo Fame Center, Cardozo Intellectual Property Law Society (Ipls), Samir Bakhru, Josh Beser

2026 Event Invitations

Join us for a fireside chat with Samir Bakhru and Josh Beser from Orrick, Herrington & Sutcliffe, to learn how top tech-focused law firms advise startups, founders, and high-growth companies, and how intellectual property strategy fits into corporate practice. Presented by the FAME Center and IPLS. Dinner will be provided.