Law Commons^™

Tracing Heritage: Addressing Cultural Property Crime Through Recordation On The Blockchain, Richard De Schweinitz

Cardozo International & Comparative Law Review

No abstract provided.

An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel

Cardozo International & Comparative Law Review

The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.

Integrating Cultural Property Law Doctrine Into The Nazi-Looted Art Restitution Legal Framework, Julia Vastano

Cardozo International & Comparative Law Review

The note examines the integration of cultural property law principles into the legal frameworks for restitution of Nazi-looted art, focusing on a comparative analysis of Dutch and U.S. policies. It highlights the Netherlands' progressive shift in 2021 toward a more claimant-friendly approach, incorporating cultural property doctrine, and contrasts this with the U.S. system, which remains rooted in personal property law. The note advocates for adopting a similar mixed framework in the U.S. to enhance justice for Holocaust victims' heirs.

The Hague Convention On International Parental Kidnapping: Still The Best Hope For Children?, Katherine Jenkins

Cardozo International & Comparative Law Review

The Hague Convention on the Civil Aspects of International Child Abduction remains the most effective legal mechanism for resolving international parental kidnapping cases, but it requires significant reforms, particularly to address issues related to domestic violence and its impact on victims and children. While the Convention has facilitated the return of thousands of children, its failure to adequately acknowledge and protect domestic violence survivors has led to unintended consequences, undermining its effectiveness and deterring some countries from joining.

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

Articles

In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

Table Of Contents - Cardozo Law Review, Volume 44, Issue 4

Cardozo Law Review

No abstract provided.

The Charter School Network (Almost) No One Wants: Mobilizing Regulation And Litigation To Serve The Public Interest, Joni Hersch, Colton Cronin

Cardozo Law Review

Publicly funded, independently operated charter schools entered the public sector three decades ago with the promise of innovating public education to better serve students in underperforming schools. Despite limited evidence of improved educational outcomes, charter schools are now an established part of the education system, with around 7,800 charter schools serving more than seven percent of public, school students.

Although charter schools have long been associated with the controversial school choice movement, a recent entrant into the charter school arena has created new and urgent concerns. Hillsdale College, through its affiliate Barney Charter School Initiative, has been making escalating inroads …

The Future Of Property, Yael R. Lifshitz, Maytal Gilboa, Yotam Kaplan

Cardozo Law Review

Property law focuses predominantly on spatial conflicts of interest between neighbors but neglects temporal conflicts between generations. This lack of attention to the temporal dimension leads to a troubling mismatch in property law: while property rights last forever, the corresponding duties that require property holders to respect the interests of others are remarkably short lived. The result is that property law currently does not adequately protect the rights of future generations. In this Article, we offer a blueprint for correcting this anomaly. We advocate a change in the current conception of property and propose that property law focus more on …

How Private Enforcement Exacerbates Climate Change, Anna A. Mance

Cardozo Law Review

Private enforcement-the practice of allowing private actors to directly enforce statutes or regulations-has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet climate change presents a distinct global challenge from those harms that the 1970s environmental regime was designed to address. This Article investigates how private enforcement is limiting our ability to respond to the crisis of climate change. The central claim is that private enforcers are using the mantle of environmental …

Mission Impossible? The Case For Municipal Tort Liability Reform In A Post-Valdez World, Shelley Wu

Cardozo Law Review

No abstract provided.

The Due Process Owed To Noncitizens: Standardizing The Burden In Sec. 1226(A) Bond Hearings With The Help Of Hernandez-Lara And Velasco Lopez, Sharon Shaji

Cardozo Law Review

No abstract provided.

Commencement Ticket Survey, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Brief Of Amici Curiae Tax Law Professors, Young Ran (Christine) Kim

Amicus Briefs

Professors Reuven S. Avi-Yonah, David Gamage, Orly Mazur, Young Ran (Christine) Kim, and Darien Shanske (collectively, “Tax Law Professors”) write this amici curiae brief in support of the Appellant in COMPTROLLER OF MARYLAND v. COMCAST — the Maryland Digital Advertising Case.

Many digital transactions currently evade sales taxation in Maryland, even though the closest non-digital analogues are subject to tax. Specifically, digital advertising platforms like Respondents obtain vast quantities of individualized data from and on Marylanders in currently untaxed transactions. The scope and value of these transactions is vast and growing, as they allow advertising platforms the lucrative opportunity to …

Cardozo's 2023 Inspire! Awards!, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Cardozo Law News Brief: March 31, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Saurabh Vishnubhakat
• Pamela Foohey
• Young Ran (Christine) Kim
• Mauricio Noroña
• Gaia Bernstein
• Jocelyn Getgen Kestenbaum
• Anthony Sebok
• Dmytro Vovk
• Matthew Wansley

Campus News:

• Gloria Steinem Accepts International Advocate for Peace Award at Cardozo

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• The FTC's Proposed Rule on Non-Competes
• Catalyzing Change: Ongwen, Sexual and Gender-Based Crimes, and Intersection
• Class of 2023 Commencement

Beyond The Filter: A Legal Discussion On Copyright Infringement In The Social Media Age, Cardozo Fame Center, Cardozo Intellectual Property Law Society

2022–2023 Flyers

No abstract provided.

Gloria Steinem Accepts The International Advocate For Peace Award At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

On March 29, Ms. Gloria Steinem accepted the 22nd annual International Advocate for Peace (IAP) Award from the Cardozo Journal of Conflict Resolution.

Misuse Of Originalism: The Legal Landscape Of The 2nd Amendment Post-Bruen, American Constitution Society, Cardozo Public Interest Law Students Association

2022–2023 Flyers

No abstract provided.

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

2023 Event Invitations

Join Dean Leslie and Professor Barbara Kolsun, Director of The FAME Center, to learn more about Cardozo's fashion, arts, media and entertainment law program or use this opportunity to ask the Dean about anything on your mind.

Careers In Antitrust, Cardozo Antitrust Society

2022–2023 Flyers

No abstract provided.

The 22nd International Advocate For Peace Award, Cardozo Journal Of Conflict Resolution

2023 Event Invitations

The Cardozo Journal of Conflict Resolution presents the International Advocate for Peace (IAP) Award to an individual, organization or group that is exemplary in the field of conflict resolution.

This year, the Journal presents the IAP Award to Gloria Steinem, who has dedicated her life to standing up to power and seeking ways to bring about peaceful change. Ms. Steinem has fought tirelessly in support of marginalized people everywhere, campaigning for the Equal Rights Amendment to the United States Constitution, protesting the South African apartheid system, and more recently working alongside Cardozo Law students at the Lenape Center to address …

Amici Curiae Brief Of Law Professors In Support Of Plaintiffs’ Motion For Reconsideration, Andrea K. Schneider

Amicus Briefs

Proposed Amici are law professors and scholars who focus on dispute resolution, and they are concerned that the Court’s ruling in this case may undermine the equitable administration of arbitration and erode public confidence in arbitration. Proposed Amici file this brief to provide additional context regarding the unconscionable designation of NFL Commissioner Roger Goodell as arbitrator for these civil rights disputes.

Cardozo Students Participate In Sec Investor Advocacy Clinics Summit On Investor Justice, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Cardozo Securities Arbitration Clinic students David Fleschner, Kayla Gonik, Grace Huang, Max Kleiner, Zaira Rojas-Navarro, Rita Tewolde, Aryan Vavila, and AJ Wei participated in the event, highlighting the vital work of law school students who provide free legal representation and other resources to harmed investors engaged in disputes with their financial professionals, and identifying areas of concern regarding the Clinic's client population.

Adrchs Tryout Info Session, Cardozo Adr Competition Honor Society

2022–2023 Flyers

No abstract provided.

Queer Liberation Under International Law, Cardozo Journal Of Equal Rights And Social Justice, Cardozo International & Comparative Law Review, Cardozo Outlaw

2023 Event Invitations

This symposium will equip attendees with an understanding of how global movements, including activists, lawyers, scholars and organizations, navigate and employ international law in pursuit of queer liberation.

Adopting an intersectional feminist framework, this symposium is an acclamation for queer justice everywhere. Introduced by Dean Melanie Leslie, this symposium will explore how international law may subjugate or protect queer populations, how domestic efforts interact with international law and how constitutional laws and international law must evolve for exhaustive social justice.

Unwired: Gaining Control Over Addictive Technologies Book Launch With Visiting Professor Gaia Bernstein, Intellectual Property And Information Law Program

2023 Event Invitations

Join Cardozo's Intellectual Property and Information Law Program for A Conversation with Visiting Professor Gaia Bernstein, to discuss her new book, Unwired: Gaining Control Over Addictive Technologies. Bernstein will be joined by Cardozo Professor Sam Weinstein to discuss Unwired and how we can use the legal system to resolve technology overuse.

A Conversation With Gaia Bernstein, Benjamin N. Cardozo School Of Law, Cambridge University Press

2022–2023 Flyers

No abstract provided.

The Gloria And Stanley Plesent Lecture: “Parents’ Rights” And Transgender Children With Professor Dara E. Purvis Penn State Law, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Cardozo Outlaw, Cardozo Family Law Society

2023 Event Invitations

This year’s Gloria and Stanley Plesent Lecture will be given by Professor Dara E. Purvis, a scholar of family law, feminist legal theory, sexuality, gender identity and the law who teaches at Penn State Law. Her work examines gendered impacts of the law and proposes neutralizing reforms, most recently in the context of how the law defines parenthood. Professor Purvis will be discussing the recent spate of state bills and laws related to transgender children.

Spendthrift Trusts: The Tension Between Testamentary Freedom And Public Policy Concerns, Hailey Dobin Reichel

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

In 1875, Supreme Court Justice Samuel Miller delivered the opinion of the court in a case pertaining to the construction of a woman’s trust created for her children. The matter focused on a provision in the testamentary trust that stated that the trust would terminate with respect to a son’s interest if he were to go bankrupt or insolvent, and that the resulting funds were to be collected by the trustees. Despite arguments presented to the court about how this inclusion acted as an attempt to evade notions of bankruptcy law, Justice Miller upheld the provision of the trust.

This …

The Ip Of Gaming Law, Cardozo Intellectual Property Law Society, Cardozo Gaming Law Society, Cardozo Fame Center

2023 Event Invitations

Join two Cardozo Alumni, Daniel Koburger ’17 from KBL Roche and Mikaela Gross ’16 from Take-Two Interactive Software, Inc., who will discuss the nuances of IP in Gaming Law as well as their career experiences. This panel will be moderated by Professor Victor Wang, Director of the Cardozo Patent Diversity Project and Acting Director of the Tech Startup Clinic.