Law Commons^™

To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

In mediation, conflicting parties meet with a mediator, a neutral party, to help them resolve their dispute. Mediations have traditionally been conducted in person, due to the importance of nonverbal communication in the mediation process. During Covid-19, however, states issued stay-at-home orders to prevent the spread of the virus. This mandate led to mediations conducted virtually through the use of videoconferencing platforms like Zoom. I interviewed ten mediators who mediate across different areas of law to hear their thoughts on the differences between mediating virtually and in person, difficulties with mediating virtually, and if they will return to in person …

Hiding Art In Freeports, Wendy Li

Cardozo International & Comparative Law Review (CICLR) Blog

In Tenet, one of Christopher Nolan’s time and reality bending movies, we are introduced to freeports. Robert Pattinson’s character, Neil, must steal something from a freeport and in a few scenes, through his time in the freeport’s vaults, we learn a bit on why freeports exist and what people store in them. In a tour, the guide tells Neil that clients can store anything in the freeports and the vault that they walk through holds expensive collections of paintings and artifacts. The items are “shipp[ed] to and from other freeports without customs inspection.” From there, we are brought on a …

Cardozo Law News Brief: May 5, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Mauricio Noroña
• Jacob Noti-Victor
• Young Ran (Christine) Kim
• Anthony Sebok
• Deborah Pearlstein
• Jessica Roth

Campus News:

• Gothamist and WNYC Cover Work of Professor Mauricio Noroña and Immigration Clinic Students to Bring NY Man Deported 20 Years Ago Back to U.S.

Events:

• Class of 2023 Commencement

Montana Is Trying To Ban Tiktok. What Does The First Amendment Have To Say?, Deborah Pearlstein, John Dellamore

Online Publications

Last month, Montana became the first U.S. state to pass a bill banning TikTok from operating within its borders. If Governor Greg Gianforte signs some version of the bill, it will become the first statewide ban in the country to take direct aim at the popular social media app, which various U.S. government officials have warned poses a serious national security threat. But while Montana may be the first to act, significant gaps remain in the public debate surrounding both the nature of the threat that TikTok presents, and the constitutional questions that trying to regulate it might create.

Inspiration For How The Doj Can Handle Its Antitrust Investigation Against Ticketmaster, Brandon Simon

Cardozo International & Comparative Law Review (CICLR) Blog

“It’s me, hi, I’m the problem, it’s me” is not something Ticketmaster would have anticipated Congress would mandate it to admit about itself, but that all changed after its botched sale of tickets for Taylor Swift’s upcoming U.S. stadium tour.

This post was originally published on the Cardozo International & Comparative Law Review on May 2, 2023. The original post can be accessed via the Archived Link button above.

Shelley Wu '23 And Ilona Ehrlich '23 Selected As 2023 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo School of Law is pleased to announce Shelley Wu '23 and Ilona Ehrlich '23 as the 2023 recipients of the Mark Whitlock Scholarship.

The Whitlock Scholarship was established by the friends and family of Mark Whitlock '10, who passed away from brain cancer while he was a student at Cardozo. The Whitlock family created this scholarship to celebrate Mark's joyous spirit and vitality. It is awarded to outstanding third-year J.D. students who, through individual effort, energy, spirit and initiative, contribute to and/or expand and strengthen student life and community at Cardozo. This year, for the first time, there are …

May 2023 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The May 2023 Annual Report prepared for The Laura and Isaac Perlmutter Foundation highlights the achievements of the Perlmutter Center for Legal Justice in its first year. The report covers events, partnerships with organizations like Legal Aid, and the launch of initiatives such as the Forensic Science Education Program. It introduces key staff members and emphasizes the Center's mission to promote justice by addressing unreliable forensic science, educating legal professionals, and providing services through the Freedom and Clemency Clinics. Overall, the report showcases the Center's commitment to advancing legal justice and making a positive impact.

Rethinking Party Autonomy In Trust Law, Stewart E. Sterk

Articles

The article critiques the current approach to party autonomy in trust law, particularly the freedom granted by the Second Restatement of Conflict of Laws for settlors to choose the governing law for their trusts. The author argues that this freedom, rooted in historically uniform trust laws, is now outdated due to the diversification of state trust laws, especially regarding issues like perpetual trusts and asset protection. The analysis advocates for a more restrictive approach to party autonomy, prioritizing the settlor's domicile and home state policies to prevent manipulation and ensure fairness, particularly for third parties affected by trust arrangements.

Mlb’S Salary Arbitration: Future Prospects For A Historic Adr Model, Eliott Dosetareh

Cardozo Journal of Conflict Resolution (CJCR) Blog

As the oldest major professional sports league in the country, the MLB’s record of salary arbitration has its roots in over 150 years of baseball history. The first Collective Bargaining Agreement or “CBA” was signed by the players union and owners in the early 1970s, creating a process for salary arbitration in which players not yet eligible for free agency would be compensated based upon their seasonal performances.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 30, 2023. The original post can be accessed via the Archived Link button above.

Mediation In The Metaverse: The Future Of Online Dispute Resolution?, Miranda Sapoznik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The technological revolution was propelled following the inception of the COVID-19 pandemic. The wide-spread disruption of everyday functioning highlighted the need for virtual means of connection, consequentially altering communication norms across almost all arenas. Justice systems across the globe were no exception to this shift, as online dispute resolution ("ODR”) became a necessary mechanism to address legal conflicts. As ODR became the new normal in alternative dispute resolution (“ADR”), various digital platforms developed to accommodate the growing need.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be …

Analyzing Brittney Griner’S Detention And Release, Zachary Knoop

Cardozo Journal of Conflict Resolution (CJCR) Blog

Editor’s Note: The following article has two parts. The first part was written prior to the prisoner swap that brought Britney Griner back to America. The second part was added by the author after the swap.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be accessed via the Archived Link button above.

How Nike’S Trademark Infringement Lawsuit Against Kool Kiy & Omi May Benefit From China’S Wuhan Intermediate People’S Court’S Approach To Mediation, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November 2022, Nike filed a trademark infringement lawsuit against Kool Kiy, Omi, and China-based manufacturer Xiamen Wandering Planet, garnering nationwide media attention. Particularly, Wandering Planet was accused of playing an integral role in the infringement by providing the sources to produce knockoff sneakers using Nike’s registered Air Jordan 1 and Dunk trade dress for Kiy and Omi. The manufacturer allegedly “knowingly participate[d] in a scheme to intentionally create confusion in the market place and capitalize on it.” Indeed, some confused consumers could not tell the difference between Kool Kiy’s products and Jordan’s. Nike’s staunch commitment to proceeding with litigation …

Confidentiality In Art-Related Adr: A Need For Change?, Olivia Huey

Cardozo Journal of Conflict Resolution (CJCR) Blog

Art and cultural heritage disputes can involve a variety of subject matter and “sensitive non-legal issues of a commercial, cultural, ethical, historical, moral, religious, or spiritual nature, while more often than not having a distinct international character. For such complex matters, there has long been conversations about the benefits of using ADR mechanisms instead of traditional litigation to address the issues that are highly relevant and important to the parties, but which courts are often not equipped or designed to address. Art-related disputes often involve not only a variety of private parties such as artists and art dealers but also …

Cardozo Law News Brief: April 28, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Edward Zelinsky
• Emmanuel Arnaud
• Young Ran (Christine) Kim
• Rachel Landy
• Deborah Pearlstein
• Michael Pollack
• Anthony Sebok

Campus News:

• Perlmutter Center for Legal Justice at Cardozo School of Law Celebrates Release of Bruce Bryant Following Clemency Victory

Events:

• Class of 2023 Commencement

An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?, Andrew Leahy

Cardozo International & Comparative Law Review (CICLR) Blog

Various concerns, such as climate change, supply issues, and bad actors with vast energy resources, have increased global interest in increasing power grid security and efficiency. One method to increase power grid security and efficiency that has gained popularity is using high-voltage powerlines, cables transporting energy over long distances with minimal power losses along the route. The People’s Republic of China has been at the forefront of implementing high-voltage powerlines within its borders. For example, the Changji-to-Guquan project, which began in 2019, consists of a 1,100-kV direct current line spanning 2,046 miles, “roughly the distance between Los Angeles and Cleveland.” …

Election Fraud In Romania, Mara Nicole Chiriac

Cardozo International & Comparative Law Review (CICLR) Blog

Election fraud is a severe issue that has plagued Romania's political system for decades. The electoral process in Romania has been affected by a variety of fraudulent conduct, from suspicions of vote buying to cases of ballot stuffing. This is a significant issue that must be addressed to safeguard the future of the democratic process in Romania and the integrity of its elections.

This post was originally published on the Cardozo International & Comparative Law Review on April 27, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Aelj Author Interview Series: Caitlin Muraca, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Caitlin Muraca discusses her Note, Combating False Election Information in a Section 230 Protected World: to Moderate or Not to Moderate, which was published in Volume 41, Issue 2.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 27, 2023. The original post can be accessed via the Archived Link button above.

Bruce Bryant, Released After 30 Years In Prison With The Help Of The Perlmutter Center For Legal Justice At Cardozo Law, Visits And Thanks Cardozo Students, Benjamin N. Cardozo School Of Law

Cardozo News 2023

In an emotional visit to the Cardozo Law campus on April 26, two days after his release from prison, Bruce Bryant thanked students from The Perlmutter Forensic Science Freedom Field Clinic who helped him win clemency.

A round of applause echoed through the hallway as he arrived with Josh Dubin, the executive director of The Perlmutter Center for Legal Justice at Cardozo Law.

A More Perfect Union For Whom?, Emmanuel Hiram Arnaud

Articles

Amending the federal Constitution has been instrumental in creating and developing the North American constitutional project. The difficult process embedded in Article V has been used by “The People” to expand rights and democracy, fix procedural deficiencies, and even overturn Supreme Court precedent. Yet, it is no secret that the amendment process has fallen to the wayside and that a constitutional amendment in our present age of extreme political polarization feels impossible.

Our nation’s history suggests otherwise. In John F. Kowal and Wilfred U. Codrington III’s exciting and inspirational new book, they explain that interest in constitutional amendments has coincided …

Harm Egalitarianism, Michael E. Herz

Articles

No abstract provided.

Ending Forced Arbitration Of Sexual Assault And Sexual Harassment, Lizzie Neuburger

Cardozo Journal of Conflict Resolution (CJCR) Blog

Mandatory arbitration clauses in employment contracts are standard, limiting legal remedies available to employees who are sexual harassment and sexual assault victims and serving as a potential barrier to justice. However, the rise of the 2017 #MeToo movement revealed the prevalence of sexual harassment and assault, triggering lawmakers to focus on legal reforms for these areas in the workplace.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 25, 2023. The original post can be accessed via the Archived Link button above.

The Current State Of Art Restitution Laws, Emily Carbali

Cardozo International & Comparative Law Review (CICLR) Blog

New York’s Solomon R. Guggenheim Museum is currently in litigation regarding the Blue Period painting “Women Ironing” by Pablo Picasso. The painting was originally owned by Karl Adler and his wife Rosi Jacobi. Their heirs filed a suit in New York Supreme Court last week arguing that the painting would not have been sold but for the owner’s duress due to Nazi persecution. The family seeks return of the painting or compensation at the painting’s current market value, estimated at up to $200 million.

This post was originally published on the Cardozo International & Comparative Law Review on April 25, …

Perlmutter Center For Legal Justice At Cardozo School Of Law Celebrates Release Of Bruce Bryant Following Clemency Victory, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2023

It was a day of jubilation for Bruce Bryant, the first client of The Perlmutter Center for Legal Justice at Cardozo School of Law as he celebrated his release from prison on April 24th, after New York State Governor Kathy Hochul granted him clemency in December.

Cardozo Hosts Annual Donors & Scholars Cocktail Reception, Benjamin N. Cardozo School Of Law

Cardozo News 2023

On April 18, Cardozo held a warm and festive Donors & Scholars Cocktail Reception. The annual event brought together outstanding students who have benefited from scholarship and stipend support wth the generous donors who make it possible.

Dean Melanie Leslie ’91, 2L Zoe Sheppard and Shoshana Bookson ’82 each spoke of the critical importance to students and the tremendous value of giving back to the Cardozo community.

Understanding China's Cryptocurrency Stance: Analysis Of The Recent Developments And Future Prospects, Zhengchun Wan

Cardozo International & Comparative Law Review (CICLR) Blog

In September 2021, the People’s Bank of China (PBOC), China’s central bank, in conjunction with nine other state bodies, including the police and the supreme court, issued a statement regarding the country’s stance on cryptocurrency businesses. There, regulators have explicitly stated that all cryptocurrency trading, exchanges, and investments—both crypto-to-crypto and crypto-to-fiat—are prohibited, whether they are carried out through domestic or international platforms. Despite China’s official strong hostilities toward cryptocurrencies, some believe the policy might change soon.

This post was originally published on the Cardozo International & Comparative Law Review on April 24, 2023. The original post can be accessed via …

Cardozo Law News Brief: April 21, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kathryn Miller
• Alexander Reinert
• Anthony Sebok
• Michael Pollack
• Jessica Roth
• Saurabh Vishnubhakat
• Edward Zelinsky
• Gaia Bernstein
• Pamela Foohey
• Young Ran (Christine) Kim
• Richard Weisberg

Events:

• Class of 2023 Commencement

The Constitutional Crisis In Israel, Floersheimer Center For Constitutional Democracy, Israeli Supreme Court Project

2023 Event Invitations

In the 1990s, Israel underwent a "constitutional revolution." Israel is now in the midst of a heated debate over the proper balance of powers between the judiciary and the legislature in a democracy. Our speakers will address the legal, social, and political aspects of the current crisis and place it in the context of Israel's complex history of constitutionalism.

Intersectional Feminist Practice In International Justice: Sexual & Gender-Based Grimes In Ongwen, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International And Comparative Law Review

2022–2023 Flyers

No abstract provided.

Mental Health Matters Act, Not Just Mental Health, Ethan Krantz

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Mental Health Matters Act, HR 7780, passed the House on September 29, 2022, by a vote of 220–205. The proposed resolution, currently awaiting a vote in the Senate, authorizes funding for the development of curricula that improve mental health for children, relaxes requirements for required documentation of disabilities, and allocates funding to research workplace stress across all industries in the wake of COVID-19. These provisions characterize bipartisan support to expand mental health resources and services for students and professionals.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 19, 2023. The original post …

Beyond Accommodation: Remembering Drucilla Cornell, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.