Law Commons^™

Cardozo Mourns The Loss Of Ryan Dorsett '21, Benjamin N. Cardozo School Of Law

Cardozo News 2023

It is with deep sadness that we share the news that Ryan Dorsett, a distinguished member of the Cardozo Class of 2021, died on July 10. Ryan, 26, was a fellow at the New York State Department of Financial Services, where he conducted investigations of insurance, banking and financial services violations and performed other critical services.

Cardozo Law News Brief: July 7, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Edward Zelinksy
• Pamela Foohey
• Jocelyn Getgen Kestenbaum
• Alma Magaña
• Richard Weisberg

Campus News:

• Dean of Career Services Carey Bertolet Grand Speaks to US News & World Report on How Law Students Can Find Government Jobs

2022-2023 Annual Report, Miguel J. Colon Jr.

LARC Annual Reports

The 2022-2023 Annual Report for LARC at the Benjamin N. Cardozo School of Law highlights top downloaded articles and global readership. It outlines goals to enhance the repository, including adding Cardozo Journals. The report emphasizes LARC's commitment to providing a valuable resource for the Law School community and beyond.

A Comparative Law Guide To A Post-Dobbs America, James Hart, Flore Foulon

Cardozo Journal of Equal Rights & Social Justice

The article argues that the U.S. Supreme Court's Dobbs v. Jackson Women’s Health Organization decision, which overturned *Roe v. Wade* and Planned Parenthood v. Casey, necessitates a federal legislative solution to restore abortion rights. Drawing on France's civil law system, the article proposes a clear, comprehensive federal law that guarantees absolute abortion rights pre-viability and includes safeguards post-viability. It emphasizes the need for consistency and clarity, similar to France's approach, to address the legal void left by *Dobbs* and ensure uniform protections across all U.S. states.

2023 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2023 issue of the CLIHHR Newsletter honors the legacy of Benjamin B. Ferencz and reflects on the Institute’s continued commitment to international justice and atrocity prevention. It features tributes to Ferencz’s life and work, updates on student and clinic achievements, including success at the Clara Barton International Humanitarian Law Competition, international fieldwork in Argentina and India, major conferences on sexual and gender-based crimes, faculty engagement in global legal advocacy, and partnerships advancing survivor-centered and intersectional justice. The newsletter highlights CLIHHR’s dedication to human rights education, accountability, and global collaboration.

The Housing Bubble And Consumer Bankruptcy (Parts I And Ii), David G. Carlson

Articles

During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.

Stopping Runs In The Digital Era, Luís C. Calderón Gómez

Articles

Bank runs, and the financial crises they catalyze and amplify, are incredibly costly-to individuals, families, society, and the economy writ large. Banking regulation has, for the most part, protected us from traditional bank runs for the last ninety years. However, as we saw in the devastating 2008 financial crisis, bank runs can still occur in lightly regulated or opaque segments of the financial sector.

The recent crypto market downturn dramatically forewarned regulators of the potential and significant risks that novel assets could pose to our financial system's stability. In particular, a novel, systemically important asset (stablecoins) revealed its vulnerability to …

Adolescent Brain Development And Crime: Why New York State Should Increase The Age Of Criminal Culpability To Twenty-One Years Old, Julia Patz

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York State should increase the age of criminal culpability from eighteen to twenty-one years old, aligning with scientific evidence on adolescent brain development. It contends that the current age threshold is arbitrary and unsupported by research, which shows that brain development, particularly in areas responsible for decision-making and impulse control, continues well into the mid-twenties. The note advocates for this policy change to improve outcomes for young offenders and reduce the harms caused by adult incarceration.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 29, Iss. 3

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Using State Law To Enforce "Affirmatively Further" Fair Housing Obligations: No Longer Fitting A Square Peg In A Round Hole, Andrew Darcy

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Pretrial Release, Risk Assessment, And The Failing Movement Towards A Cashless Bail System: The Need To Target The Source, Brooke Hodgins

Cardozo Journal of Equal Rights & Social Justice

The note argues that the cash bail system perpetuates economic and racial disparities, leading to unjust pretrial detention for many individuals. It advocates for a risk-based approach, highlighting New Jersey's bail reform as a model that reduces incarceration rates and disparities while maintaining public safety.

The Drug Policy Reform Act: Analyzing The Potential Future Of United States Federal Drug Policy, Justin Danziger

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Judicial Interpretation By Bankruptcy Courts And The Department Of Education Regarding The Application Of The Undue Hardship ("Brunner") Standard To Student Loan Discharges, Anda Totoreanu

Cardozo Journal of Equal Rights & Social Justice

The note examines the stringent application of the Brunner standard in student loan discharge cases, highlighting the inconsistent judicial interpretations and the DOE's rigid stance, which disproportionately affects minority communities. It advocates for reforms, including legislative changes and judicial discretion, to address the systemic inequities.

A Court Of Chaos And Whimsy: On The Self-Destructive Nature Of Legal Positivism, Joshua J. Schroeder

Cardozo Journal of Equal Rights & Social Justice

Each of the four arguably most famous dictators in modern Western history, Adolf Hitler, Porfirio Diaz, Napoleon Bonaparte, and Oliver Cromwell, were legal positivists. This is to say that they rejected both the common law and natural law conceptions ofhuman rights. They furthermore rejected the judiciary's equitable power to enforce human rights independently ofpolitics by characterizing the old Chancery of England as a court of chaos and whimsy, adopting John Selden's religious rejection of equity as a "roguish thing."

As Bertrand Russell recounted in his History of Western Philosophy, the philosophical avatars of German, French, and English despotism, Hegel, Rousseau, …

People Over Profits: Why A Private Right Of Action In The Occupational Safety And Health Act Is Necessary During The Covid-19 Pandemic, Olivia Nevola

Cardozo Journal of Equal Rights & Social Justice

The Occupational Safety and Health Act (OSHA) lacks a private right of action, leaving employees without direct legal recourse against employers for violations, despite the critical need for such protections, especially highlighted by the COVID-19 pandemic. The note argues that amending the Act to include an explicit private right of action would enhance enforcement, hold employers accountable, and provide necessary remedies for workers, supplementing the insufficient administrative process and workers' compensation laws.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim

Articles

FTX’s recent collapse highlights the overall instability that blockchain assets and digital financial markets face. While the use of blockchain technology and crypto assets is widely prevalent, the associated market is still largely unregulated, and the future of digital asset regulation is also unclear. The lack of clarity and regulation has led to public distrust and has called for more dedicated regulation of digital assets. Among those regulatory efforts, tax policy plays an important role. This Essay introduces comprehensive regulatory frameworks for blockchain-based assets that have been introduced globally and domestically, and it shows that tax reporting is the key …

Venture Predation, Matthew T. Wansley, Samuel N. Weinstein

Articles

Predatory pricing is a strategy firms use to suppress competition. The predator prices below its own costs to force its rivals out of the market. After they exit, the predator raises its prices to supracompetitive levels and recoups the cost of predation. The Supreme Court has described predatory pricing as “rarely tried” and “rarely successful” and has established a liability standard that is nearly impossible for plaintiffs to satisfy. We argue that one kind of company thinks predatory pricing is worth trying and at least potentially successful—venturebacked startups.

A venture predator is a startup that uses venture finance to price …

Cardozo Law News Brief: June 30, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Felix Wu
• Kate Shaw
• Young Ran (Christine) Kim
• Alma Magaña
• Jeanne L. Schroeder
• David Gray Carlson
• Edward Zelinsky

Campus News:

• Cardozo Celebrates LGTBQIA+ Community at Eighth Annual Pride Brunch
• Professor Felix Wu Appointed Vice Dean
• Cardozo Co-Hosts Annual Deans Leadership Academy Alongside Scalia Law

A Message From Dean Leslie On The Recent Supreme Court Affirmative Action Ruling, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo Law School has an unyielding commitment to equal opportunity for all, and we strive to recruit and prepare for practice a student body that reflects the full measure of diversity in our nation.

A Message From Dean Leslie On The Supreme Court Lgbtq+ Ruling, Benjamin N. Cardozo School Of Law

Cardozo News 2023

I write to you again in light of more news from the Supreme Court. As many of you know, the Court held today in 303 Creative LLC v. Elenis that businesses have a First Amendment free speech right to refuse to provide some creative and artistic services to LGBTQ+ individuals. it is an important moment to reaffirm that Cardozo’s commitment to protecting LGBTQ+ people’s rights is steadfast and unwavering.

Cardozo Celebrates Lgtbqia+ Community At Eighth Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Gray, gloomy skies did not deter students and alumni from having a colorful celebration during the eighth annual Pride Brunch as they cheered on the NYC Pride Parade from the Ruth & H. Bert Mack Pavilion in the Cardozo Lobby on Sunday.

Felix Wu Appointed Vice Dean, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Felix Wu, Professor of Law and Faculty Director of the Cardozo Data Law Initiative (CDLI), has been named Vice Dean of Cardozo School of Law.

The Hon. Dianne T. Renwick Named Presiding Justice Of First Department, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Alumna Justice Dianne T. Renwick ’86 was named by Gov. Kathy Hochul yesterday as Presiding Justice of the New York State Supreme Court, Appellate Division, First Department. She will be the first woman of color to lead the court.

Cardozo Law News Brief: June 23, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Deborah Pearlstein
• Jessica Roth
• Jacob Noti-Victor
• Pamela Foohey
• Barbara Kolsun
• Rachel Landy

Campus News:

• Francesca Acocella and Stephen Iannacone Present at National Association of Law Student Affairs Professionals Conference

Cardozo Co-Hosts Annual Deans Leadership Academy Alongside Scalia Law, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law Dean Melanie Leslie and Scalia Law School Dean Ken Randall welcomed 90 attendees to the third annual Deans Leadership Academy on June 15-16.

Phr & Clihhr Submission To Sgbc Policy (June 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in June 2023 as part of the consultation process for the United Nations' policy on addressing sexual and gender-based crimes (SGBC). It offers legal analysis and strategic recommendations to strengthen accountability mechanisms for SGBC under international criminal law. The submission reflects CLIHHR’s ongoing work in advancing human rights and justice for marginalized and vulnerable populations.

Tackling Oci & 2023 Corporate Recruiting, Cardozo Environmental Law Society

2022–2023 Flyers

No abstract provided.

Cardozo Law News Brief: June 16, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Deborah Pearlstein
• Kate Shaw
• Edward Zelinsky
• Pamela Foohey
• Michael Herz
• Lindsay Nash
• Michel Rosenfeld
• Stewart Sterk

Ukrainian Professor Dmytro Vovk Finds A Safe Haven At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

When Dmytro Vovk taught The Rule of Law in Context this spring, Cardozo students heard his firsthand account of how he and his family witnessed the Russian invasion of Ukraine from his home just 30 miles from the Russian border. When the war broke out, he had to quickly decide how to protect his family.