Law Commons^™

A New Day: Ending “Forced” Arbitration Of Sexual Assault And Harassment, Cardozo Dispute Resolution Society

2022–2023 Flyers

No abstract provided.

New York Adult Survivors Act: A Retroactive Opportunity For Accountability And Justice, Cassidy Moon

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

On November 24, 2022, the New York Adult Survivors Act (“ASA”) claim revival period began, providing adult survivors of certain sexual offenses with a one-year opportunity to retroactively file civil claims against their abusers that were otherwise barred by the 20-year statute of limitations. The ASA follows similar revival statutes in New Jersey, California, and New York itself. It grants a legal remedy to survivors of sexual violence who missed their first opportunity to seek justice[5] and seeks to hold powerful abusers, like Donald Trump, accountable for their actions.

This post was originally published on the Cardozo Journal of Equal …

Wealth Disparities In Estate Planning, Cardozo Trusts And Estates Law Society

2022–2023 Flyers

No abstract provided.

Cardozo Law News Brief: February 17, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Matthew Wansley
• Pamela Foohey
• Edward Zelinsky
• Young Ran (Christine) Kim
• Lindsay Nash
• Andrea Kupfer Schneider

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Benin Bronzes: Restitution and Reparation
• Arts & Entertainment Law Journal Spring Symposium
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

Cjcr Publishes Volume 24, Issue 1 (Fall 2022), Tanuja Krishna

Cardozo Journal of Conflict Resolution (CJCR) Blog

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 16, 2023. The original post can be accessed via the Archived Link button above.

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Join us for a conversation with Indian Supreme Court Justice Shripathi Ravindra Bhat and Professor Saurabh Vishnubhakat, Director of Cardozo’s Intellectual Property & Information Law Program. Hear about Justice Bhat's experience at the highest levels of judicial service and his insight into the law’s perennial capacity for social impact.

Click here to view the flyer.

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Cardozo Aelj Announces Spring 2023 Symposium, Name, Image, Likeness: The Evolution Of College Athletics, Editorial Board

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts & Entertainment Law Journal is pleased to host our spring symposium: Name, Image, Likeness: The Evolution of College Athletics!

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 15, 2023. The original post can be accessed via the Archived Link button above.

Artificial Vs. Non-Artificial Intelligence: What Does Chatgpt Mean For Labor And Employment?, Ahren Lahvis

Cardozo International & Comparative Law Review (CICLR) Blog

ChatGPT has set the world ablaze. The publicly available and free-to-use chatbot is an application programming interface (API) that generates responses to language requests through artificial intelligence (AI), and processes millions of such requests per day. Released for public access in November 2022, ChatGPT can, upon request, produce jokes, TV episodes, music, and computer code. Students now use it to write papers, businesses use it to create promotional materials, and lawyers use it to draft legal briefs.

This post was originally published on the Cardozo International & Comparative Law Review on February 14, 2023. The original post can be accessed …

The Ftc’S Efforts To Make Influencer Marketing Transparent, Shayna Grife

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Influencer culture has become a growing phenomenon with a new profession embodying nearly 50 million people with a market size of $104 billion. People are now choosing “influencer” as their career and turning to social media over college. The financial payoff is high and the fame of being an influencer is making the profession the new A-list celebrities. Being able to influence someone does not come without regulation. When influencers promote products or accept brand deals, they must follow certain guidelines issued by the Federal Trade Commission (FTC). Influencers tag their sponsored posts with the hashtag “Ad” to put the …

What Is The Proper Role Of Attorneys Representing The Child In Abuse And Neglect Cases?, Alexandra Debenedictis

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

According to the Child Abuse Prevention and Treatment Act of 1974 (CAPTA), under federal law, children are required to have representation from a guardian ad litem in abuse and neglect proceedings. Many jurisdictions are proponents of the “Best Interest Model,” where the attorneys are appointed to determine and serve the best interest of the child, regardless of the individual child’s wishes. Other jurisdictions take the more traditional approach under the “Client-Directed Model,” where the attorney advocates for the child’s expressed wishes but also must take “into account diminished capacity such as age” of their client.

This post was originally published …

Antitrust And Big Tech, Cardozo Antitrust Society, Cardozo Federalist Society

2022–2023 Flyers

No abstract provided.

Formatting Legal Documents With Microsoft Word, Cardozo Law Library

2022–2023 Flyers

No abstract provided.

Adr Competition Honor Society: Valentine's Day Meet & Greet, Cardozo Adr Competition Honor Society

2022–2023 Flyers

No abstract provided.

Cardozo Law News Brief: February 10, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Kate Shaw
• Matthew Wansley
• Dmytro Vovk

Campus News:

• Director of Student Life Francesca Acocella ’16 Publishes “Understanding Mental Health Needs of Law Students Post-Pandemic” in AALS Magazine

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Benin Bronzes: Restitution and Reparation
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

The Supreme Court In Crisis, David M. Hunt Library

2023 Event Invitations

The speakers will discuss recent decisions affecting abortion and gun rights, the public’s trust and confidence in the high court and cases the Court will decide before the summer involving LGBTQ rights, affirmative action, election law and immigration policy.

Speakers:

• Tom Gerety, former President of Amherst and Trinity Colleges, former Executive Director of the Brennan Center for Justice
• Adam Liptak, New York Times Supreme Court Correspondent
• David Rudenstine, Sheldon H. Solow Professor of Law at Cardozo and former Dean

The Concerning Implications Of Texas’S Claim To Standing In United States V. Texas, Noa Gutow-Ellis

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

In a sign of the case’s importance, oral arguments stretched over two hours when the Supreme Court heard United States v. Texas on November 29, 2022. United States v. Texas concerns “the Biden administration’s authority to set immigration policy.” Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas enacted the policy at issue: prioritizing groups of noncitizens to be detained and deported. This prioritization is rooted in the fact that DHS does not have the resources to detain and deport the “over 11 million noncitizens currently in the United States who could be subject to deportation.” Texas sued the federal government, …

The United States Federal Judiciary: A Perilous Gerontocracy, Zachary Verbit

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

The federal judiciary was first established in 1789, but the more concerning statistic regarding the age of the federal judiciary is this: the median age of sitting federal judges is 68. But even this data point belies the severity of the issue, because federal judges are given lifetime tenure. Federal judges often remain in their seats well past the average U.S. retirement age. For example, Judge Wesley E. Brown served on the bench until he died at the ripe old age of 104. More recently, Judge Jack Weinstein served on the bench until he retired in 2020 at the age …

Lost In The Woods, Moshe Gelberman

Cardozo International & Comparative Law Review (CICLR) Blog

In November of 2022, five U.S. Senators sent letters to top law firms warning them that continued cooperation in environmental-social-governance (ESG) agreements, by the firms or by their clients, would be subject to heightened scrutiny under U.S. antitrust laws. By failing to issue similar antitrust guidelines for ESG agreements, federal policy lags behind the international community, disservices the competitive market, and hurts ESG goals.

This post was originally published on the Cardozo International & Comparative Law Review on February 6, 2023. The original post can be accessed via the Archived Link button above.

Cardozo Law News Brief: February 3, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Samuel Weinstein
• Edward Zelinsky
• Gaia Bernstein

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• Benin Bronzes: Restitution and Reparation
• Gloria Steinem to Receive 22nd International Advocate for Peace Award

The Ongoing Patent Battle Over Crispr/Cas-9, Shifra Ben-Jacob

Cardozo Journal of Conflict Resolution (CJCR) Blog

CRISPR/Cas 9 is a bacterial defense system for editing genomes that has been coined one of the most monumental biotechnologies since the discovery of the polymerase chain reaction (PCR). Since 2012, two research teams, one out of the University of California, Berkeley, and the other from both the Broad Institute and the Massachusetts Institute of Technology, have been battling an ongoing patent war. The US Patent and Trademark Office (USPTO) is left to decide who can claim the technology as their own.

This post was originally published on the Cardozo Journal of Conflict Resolution website on February 2, 2023. The …

The Forty-Sixth Annual Public Interest Legal Career Fair, Benjamin N. Cardozo School Of Law, New York University Of Law

2022–2023 Flyers

No abstract provided.

Mitigating Catastrophe Risk For Landowners, Stewart E. Sterk

Articles

Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in overinvestment in risk-prone properties. Government intervention, however, has largely been a response to the historical failure of the private insurance industry to provide adequate protection against correlated risks, a failure with the potential to generate underinvestment in land and devastate existing owners.

When data is available about the incidence and severity of potential disasters, improvements in technology have made it more feasible for insurers to calibrate premiums and discounts with greater accuracy, and sophisticated …

Qualified Immunity’S Flawed Foundation, Alexander A. Reinert

Articles

Qualified immunity has faced trenchant criticism for decades, but recent events have renewed focus on this powerful defense to liability for constitutional violations. This Article takes aim at the roots of the doctrine—fundamental errors that have never been excavated. First, this Article demonstrates that the Supreme Court’s qualified immunity jurisprudence is premised on a flawed application of a dubious canon of statutory construction—namely, that statutes in “derogation” of the common law should be strictly construed. Applying the Derogation Canon, the Court has held that 42 U.S.C. § 1983’s silence regarding immunity should be taken as an implicit adoption of common …

Just Kidding? The Problem Of Unenforceable Waivers Of Liability, Anthony J. Sebok

Articles

No abstract provided.

Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand

Cardozo Law Review

No abstract provided.

Colorblind Nationalism And The Limits Of Citizenship, Ming Hsu Chen

Cardozo Law Review

Policymakers and lawyers posit formal citizenship as the key to inclusion. Rather than presume that formal citizenship will necessarily promote equality, this Article examines the relationship between citizenship, racial equality, and nationalism. It asks: What role does formal citizenship play in excluding noncitizens and Asian, Latinx, and Muslim citizens racialized as foreigners? What effects does it have on the meaning of being American as a non-White citizen? The Article argues that commitments to colorblind equality and democratic self-governance of the nation stand in contradiction to aspirations to protect all persons within the nation. Consequently, individual rights designed to remedy racial …

Table Of Contents - Cardozo Law Review, Volume 44, Issue 3

Cardozo Law Review

No abstract provided.

Pregnancy Advance Directives, Joan H. Krause

Cardozo Law Review

No abstract provided.

Right For Any Reason, Jeffrey M. Anderson

Cardozo Law Review

The chances of winning an appeal in federal court are slim. One reason for that is an array of rules of appellate review that “stack the deck” in favor of the appellee and the lower court’s judgment. One such rule of review is “right for any reason,” the rule that an appellee may defend a lower court’s judgment on any grounds supported by the record—even grounds that the lower court rejected or ignored. The judgment may be right, even if the reasons are wrong. In 1924, the Supreme Court described the rule as “settled”—and felt no need to cite authority …