Law Commons^™

Beneficial Conflicts Of Interest, Anita K. Krug

Cardozo Law Review

Conflicts of interest exist in both professional and private settings, and everyone experiences them from time to time. If a person harboring a conflict acts on it—meaning the person acts against interests she ought to uphold—innocent parties may be harmed. Accordingly, the key to addressing a conflict in most settings is to eliminate it, such as by prohibiting conflicted behavior or recusing oneself from a deliberative process. However, conflicts of interest have a special character in the securities realm, both because they are ubiquitous given financial firms’ myriad competing interests and because the goal of the agency charged with addressing …

Navigating Campaign Finance Reform Through Publicly Funded Elections On The Local Level, Emily Bernstein

Cardozo Law Review

Despite the Constitution’s silence on the issue of campaign finance, the Supreme Court has had a considerable hand in shaping the campaign finance regulatory structure of the United States. There are countless criticisms of the campaign finance system the Court has constructed. On the one hand, some scholars stipulate that, though they are critical of the system, it is an intelligible “product” of the Constitution. On the other hand, others argue that the “vision of democracy” portrayed in money-in-politics decisions is not faithful to the Constitution.

Bolstering New York’S Tenant Protection Law: Ensuring Retroactive Application Under The Heightened Regina Standard, Abigail Strange

Cardozo Law Review

Rent regulation laws have long been a cornerstone of the New York City and New York State housing markets, enacted to combat excessive rent increases that risked pricing out low- and middle-income tenants. On June 14, 2019, the New York State Legislature enacted the Housing Stability and Tenant Protection Act (HSTPA), which brought sweeping changes to New York’s rental laws, including regulated and unregulated buildings. The HSTPA significantly expanded tenant protections across New York State, and specifically in New York City, which currently has one of the highest monthly rent medians in the country. The passage of the HSTPA was …

Exit Engineering, Rachel Landy

Articles

How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers. This Article offers a …

Cardozo Law News Brief: September 29, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Alexander Reinert
• Andrea Kupfer Schneider
• Samuel Weinstein
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Rebecca Ingber
• Peter Goodrich
• Young Ran (Christine) Kim

Events:

• Book Launch: Judicial Uses of Images: Vision in Decision
• The International Tax Revolution: A Symposium
• Center for Rights & Justice Book Talk: Radical Acts of Justice
• Bauer Lecture with the Honorable Judge Dale Ho
• Symposium on A Pluralist Theory of Constitutional Justice
• REDRESS Mediation After 25 Years

Outlining And Exam Tips Workshop, Cardozo Asian Pacific American Law Students Association

2023–2024 Flyers

No abstract provided.

Brief For Amici Curiae Bankruptcy Law Professors In Support Of Petitioner, Pamela Foohey

Amicus Briefs

Amici, whose names and affiliations are set forth in alphabetical order on Appendix A, are law professors who study the United States’ bankruptcy system. They have published in some of the nation’s leading academic journals on corporate reorganization issues, including the case sub judice. They write solely based on their concern about the effect that the opinion below will have on this system.

Petitioner argues that the decision of the Second Circuit Court of Appeals in this case should be reversed because the United States Bankruptcy Code does not permit the nonconsensual nondebtor release (“NDR”) of the Debtors’ owners (the …

Week Of September 25, 2023 - September 29, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Cardozo Law News Brief: September 22, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Michael Herz
• David Rudenstine
• Kate Shaw
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Alexander Reinert
• Michel Rosenfeld
• Victor Wang

Events:

• The International Tax Revolution: A Symposium
• Center for Rights & Justice Book Talk: Radical Acts of Justice
• REDRESS Mediation After 25 Years

Cardozo Aelj Interview Series: Professor Saurabh Vishnubhakat, Saurabh Vishnubhakat

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In this interview, Cardozo Professor Saurabh Vishnubhakat discusses what he hopes to bring to Cardozo as the new Director of Intellectual Property and Information Law Program, his professional background, and what drew him to the field of intellectual property.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 22, 2023. The original post can be accessed via the Archived Link button above.

Bar Mitzvah Celebration And Alumni Reunion Of The Divorce Mediation Clinic, Kukin Program For Conflict Resolution, Cardozo Divorce Mediation Clinic

2023–2024 Flyers

No abstract provided.

When Innocence Is Not Enough: A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

2023–2024 Flyers

No abstract provided.

A Conversation With Tom Dybdahl, Author Of “When Innocence Is Not Enough: Hidden Evidence And The Failed Promise Of The Brady Rule”, Cardozo Criminal Defense Clinic

2023 Event Invitations

The Supreme Court’s Brady rule of 1963 requires prosecutors to share favorable evidence with defendants. Dybdahl’s book reveals how a series of legal decisions have made it ineffective. Hear what’s at stake when prosecutors conceal evidence, and what can be done about it.

Bar Mitzvah Celebration And Alumni Reunion Of The Divorce Mediation Clinic, Kukin Program For Conflict Resolution, Cardozo Divorce Mediation Clinic

2023 Event Invitations

The Cardozo School of Law and the Kukin Program for Conflict Resolution are thrilled to invite you to join us for the Bar Mitzvah Celebration and Alumni Reunion in honor of the 13th Year of the Divorce Mediation Clinic.

The Scotus Term Preview, Floersheimer Center For Constitutional Democracy

2023–2024 Flyers

No abstract provided.

The Annual Scotus Term Preview, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Join Professors Rebecca Ingber, Michael Herz, Kate Shaw and Luís C. Calderón Gómez as they talk about what to expect from the Supreme Court in the upcoming term.

The panelists will flag and discuss the most important cases to be heard this Term, including litigation over mifepristone, guns, taxation of unrealized income and the future of the administrative state.

Apalsa Gbm, Cardozo Asian Pacific American Law Students Association

2023–2024 Flyers

No abstract provided.

Week Of September 18, 2023 - September 22, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

It’S Legal But Is It Harmful? Marijuana Education Needs A Major Boost, Avi Kiel

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

Throughout the country, states are changing their marijuana laws at a dizzying pace. New York legalized recreational marijuana for those over 21 in March 2021, positioning itself to become one of the largest markets of legal cannabis in the nation. Missouri citizens voted to legalize recreational marijuana in November 2022, Minnesota became the 23rd state to legalize recreational marijuana in May 2023, and Ohio citizens will vote this November whether the state should follow this strong trend. It seems like Pennsylvania is on track to permit adult-use cannabis, with Democrats taking control of the state legislature and Governor Shapiro signaling …

Jlsa Rosh Hashanah Table, Jewish Law Student Association (Jlsa), Jewish Graduate Student Initiative

2023–2024 Flyers

No abstract provided.

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023 Event Invitations

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Affirmatively Disclosing Agency Legal Materials, Bernard W. Bell, Cary Coglianese, Michael E. Herz, Margaret B. Kwoka, Orly Lobel

Online Publications

Administrative agencies’ law-generating powers have long been recognized, as has the importance of making agency-generated law available to the public. In 1971, the Administrative Conference of the United States (ACUS) recommended that “agency policies which affect the public should be articulated and made known to the public to the greatest extent feasible.” Over the years, ACUS has adopted numerous recommendations to that end.

Week Of September 11, 2023 - September 15, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

2023 Event Invitations

Join the Burns Center for a conversation on the Supreme Court with Adam Liptak, who is considered one of the most highly regarded legal affairs journalists in the country. He will be joined by two distinguished Cardozo law professors, Jessica Roth and Alexander Reinert. They will discuss current ethical issues surrounding the court, challenges to the court's legitimacy and upcoming and recently decided cases on issues such as abortion rights, gun regulations, same sex marriage and more.

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

2023 Event Invitations

Join Dean Leslie and meet the new Vice Dean, Professor Felix Wu. Professor Wu is also a trademark and privacy law scholar and director of the Cardozo Data Law Initiative. His areas of expertise include cybersecurity, intellectual property and more. Come hear about his work, and about his new role as Vice Dean or use this opportunity to ask the dean about anything on your mind.

A Conversation On The Supreme Court With Adam Liptak, Jacob Burns Center For Ethics In The Practice Of Law

2023–2024 Flyers

No abstract provided.

Cardozo Law News Brief: September 8, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Andrea Schneider
• Alexander Reinert
• Luis Calderon Gomez
• Pamela Foohey
• Emmanuel Arnaud
• Myriam Gilles
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Edward Zelinsky

Campus News:

• Innocence Project Client Leonard Mack Exonerated 47 Years After Wrongful Conviction

Events:

• The Burns Center Presents: A Conversation on the Supreme Court with Adam Liptak, Professor Jessica Roth and Professor Alexander Reinert

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.

Brief Of Amici Curiae Law Professors In Support Of Appellant On The Role Of Bankruptcy Examiners In Chapter 11 Reorganization, Pamela Foohey

Amicus Briefs

Amici curiae, whose biographical information appears on Appendix A (“Amici”), are professors at law schools in the Third Circuit and around the nation. They study and write extensively about bankruptcy and related business law subjects. Their work has appeared in many of the nation’s leading academic journals, and includes path-breaking scholarship on the use of bankruptcy examiners in freefall and cryptocurrency cases.

Amici share a commitment to the transparent and efficient administration of the chapter 11 system, and a belief that the interest of the public and creditors in this large and notorious chapter 11 case must be vindicated …