Law Commons^™

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 …

Foreseeability Conventions, John Fabian Witt, Morgan Savige

Cardozo Law Review

How has the foreseeability standard survived its critics? Law relies on foreseeability to solve hard legal problems in a vast array of doctrinal fields. But for a century and more, critics have pilloried the standard as hopelessly indeterminate. Decisionmakers, observe the critics, can characterize virtually any consequence as either foreseeable or unforeseeable. It all depends on how one tells the story. This Article explains the conundrum of foreseeability’s puzzling persistence by offering a novel account of how foreseeability has flourished in fields like tort, contract, and crime. Foreseeability has survived and flourished, the Article proposes, not because it carries determinate …

Can Artists Recapture Their Copyrights In Musical Compositions That Have Been Lost To The Public Domain? Skidmore V. Led Zeppelin Applied, Brianna Bell

Cardozo Law Review

No abstract provided.

The Art World Of Digital Assets: How Non-Fungible Tokens Create A Loophole In Anti-Money Laundering Regulations, Sofia Aizenman

Cardozo Law Review

No abstract provided.

Bond Conditions As Fourth Amendment Seizures, Rebecca Laden

Cardozo Law Review

No abstract provided.

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

Click here to view the event invitation.

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2022–2023 Flyers

Click here to view the event invitation.

50 Years Of Title Ix: The Pivot To Justice In Women’S Gymnastics, Cardozo Fame Center, Cardozo Sports Law Society

2023 Event Invitations

In honor of 50 years of Title IX, a discussion on the legal fight for safety and transparency in the world of elite women's gymnastics.

The Cardozo School of Law's FAME Center and Sports Law Society present an in-person panel with three women advocating for change in the world of women's gymnastics. The evening will be framed around Title IX, part of the groundbreaking Education Amendments of 1972, and will include clips from Jill Yesko's documentary, Broken Trust, as well as Mary Pilon's Audible original audio series, Twisted: The Story of Larry Nassar and the Women Who Brought Him …

Cardozo Law News Brief: January 27, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Alexander Reinert
• Young Ran (Christine) Kim
• Luis Carlos Calderon Gomez
• Pamela Foohey
• Jacob Noti-Victor
• Leslie Salzman
• Rebekah Diller
• Andrea Kupfer Schneider

Campus News:

• The 22nd International Advocate for Peace Award Will Be Presented to Gloria Steinem

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• 50 Years of Title IX: The Pivot to Justice in Women’s Gymnastics
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• ‘Call Me Dancer,’ a client film of the Filmmakers Legal Clinic, will be shown at the Dance on Camera …

Gloria Steinem To Receive 22nd International Advocate For Peace Award, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The Cardozo Journal of Conflict Resolution (CJCR) of the Benjamin N. Cardozo School of Law announced that world-renowned writer, activist, and organizer Gloria Steinem will receive the 22nd International Advocate for Peace Award (IAP) on March 29, 2023. Ms. Steinem joins two former United States presidents, business leaders, musicians, filmmakers, and others who have previously received the IAP Award, which recognizes an individual, organization, or group that has made significant contributions in the field of conflict resolution and the promotion of peace around the world. Ms. Steinem has been a preeminent international advocate for equality and feminist movements for over …

Automating Bias: Cardozo Law Review 2023 Symposium, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Heyman Center On Corporate Governance, Jacob Burns Center For Ethics In The Practice Of Law

2023 Event Invitations

This symposium explores the use of artificial intelligence (AI) in consumer credit markets and the legal and policy issues surrounding these practices.

Automating Bias: Cardozo Law Review 2023 Symposium, Cardozo Law Review, Floersheimer Center For Constitutional Democracy, Heyman Center On Corporate Governance, Jacob Burns Center For Ethics In The Practice Of Law

2022–2023 Flyers

This symposium explores the use of artificial intelligence (AI) in consumer credit markets and the legal and policy issues surrounding these practices.

To access the symposium event invitation, schedule, and video recording, simply follow the links provided.

Which Office Essentials Are Actually Essential? I Relocated To The Conference Room To Find Out!, Olivia Smith Schlinck

Library Staff Online Writings

Hello and Happy New Year from my office home office temporary office/library conference room! January always brings new opportunities and challenges, but over here in NYC those challenges began at the end of 2022 when on Christmas Day three pipes burst at the Benjamin N. Cardozo School of Law, causing significant flooding throughout the building including—where else—the law library. And my office. What’s the saying? New Year, new temporary workspace? Something about this feels vaguely early-pandemic to me.

Too Good To Be True: Private Placement Life Insurance Policies, Luís C. Calderón Gómez

Articles

In this article, Calderón Gómez examines a tax avoidance scheme involving private placement life insurance policies — large policies that potentially allow wealthy taxpayers to move their traditionally tax-inefficient investments in private equity and hedge funds into a life insurance policy and accumulate, borrow against, and pass on those investment gains effectively tax free — and sketches some possible alternatives to stop the abuse of these policies.

P*Law 2023, Center For Public Service Law

2022–2023 Flyers

This document provides the complete schedule for P*LAW Week 2023 at Cardozo School of Law, organized by the Center for Public Service Law. Held from January 23 to January 26, the week featured panels, workshops, and interactive events addressing pressing issues in public interest law. Topics included judicial independence, disability rights, reproductive justice, climate legislation, student mental health, comprehensive sexual education, and qualified immunity. Events also offered students career support through the PILC Fair prep session and Mentor Mock Interviews, fostering professional growth and public service engagement.

Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay

Cardozo International & Comparative Law Review (CICLR) Blog

The birth rate in Italy had been a topic of concern for the past couple decades, making it a source of conversation and debate among political parties and candidates in Italy. With the election of a new Italian government and the prediction of Giorgia Meloni being Italy’s new prime minister, how Meloni and her party have spoken of and plan to tackle the falling birth rate is a discussion occurring around the world. The falling birth rate was concerning to country leaders prior to the start of the COVID-19 pandemic, but statistics show that the Italian birth rate has fallen …

Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro

Cardozo International & Comparative Law Review (CICLR) Blog

Shards of glass and plastic flew across the floor as legislator Burak Erbay, a member of the Republican People’s Party, hammered and smashed a smartphone Wednesday night while addressing the Turkish parliament in opposition to president Recep Tayyip Erdoğan proposed Disinformation Bill. Erbay argued the Bill’s clampdown on social media would make smartphones obsolete. Turkish authorities reported to the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe that the principal goal of the new legislation is to “prevent the spread of fake, untrue, baseless, and false information designed to …

Cardozo Law News Brief: January 13, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jocelyn Getgen Kestenbaum
• Gaia Bernstein
• Pamela Foohey
• Young Ran (Christine) Kim
• Michel Rosenfeld

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• 50 Years of Title IX: The Pivot to Justice in Women’s Gymnastics
• Benin Bronzes: Restitution and Reparation
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• “Call Me Dancer,” a client film of the Filmmakers Legal Clinic, will be shown at the Dance on Camera Festival
• Class of 2023 Commencement

Brief Of Legal Scholars As Amici Curiae In Support Of Petitioners, Pamela Foohey

Amicus Briefs

Amici curiae are professors at law schools throughout the United States. Amici’s expertise encompasses student-financial-assistance programs under Title IV of the Higher Education Act of 1965, consumer finance, administrative and constitutional law, modes of statutory interpretation, and the development of the major questions doctrine. Amici have a strong interest in assisting this Court in resolving questions of law that go to the core of their professional expertise and scholarship, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory interpretation methodology, particularly in the context of its precedent …

Cardozo Law News Brief: January 6, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Edward Zelinsky
• Saurabh Vishnubhakat
• Pamela Foohey
• Jocelyn Getgen Kestenbaum

Campus News:

• Derrick Hamilton, Deputy Director of Perlmutter Center for Legal Justice, Appears on ABA Journal Podcast

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”
• Class of 2023 Commencement

Ok, Zoomer: Teaching Legal Research To Gen Z, Olivia R. Smith Schlinck

Library Staff Articles

Generation Z has entered law school. With each new generation comes new education preferences. While research on Gen Z in the legal academy has grown over the past few years, to date none deal explicitly with teaching legal research to Gen Z. This article connects Gen Z’s childhood and resulting peer personality to 10 tangible pedagogical changes for teaching legal research to Gen Z.

On The Lawfulness Of Awards To Class Representatives, Benjamin Gould

Cardozo Law Review de•novo

When class actions are settled or the class prevails on the merits, successful class representatives are often net losers: their individual recovery does not cover the opportunity costs and other losses they have incurred in representing the class. For that reason among others, they frequently receive an award on top of their relief as class members. The federal courts of appeals had unanimously approved these awards until recently, when the Eleventh Circuit relied on two nineteenth-century cases to hold that they are always unlawful. That decision is now the subject of a cert petition. The Eleventh Circuit got it wrong. …

Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements In The Remote Workspace, Rachel Refkin

Cardozo Law Review de•novo

The worksite location requirements for the PERM process for immigrant visas and LCAs for specialty occupation nonimmigrant visas have lost their relevance during the revolution of the white-collar remote workspace within the United States under current DOL guidelines. Although on its face foreign nationals working outside the office appears to be a novel legal issue, remote work within the United States has been an insurmountable hurdle in the immigration space since telework gained popularity in the late twentieth century. It is possible to apply for both kinds of visas for telework, but adherence to the Farmer Memo appears to be …

Zoned In: How Residence Restrictions Lead To The Indefinite And Unconstitutional Detention Of New Yorkers Convicted Of Sex Crimes, Rebecca Tunis

Cardozo Law Review de•novo

Despite the New York Court of Appeals majority holding in People ex rel. Johnson, New York’s policy of detaining individuals beyond their maximum sentence because they are unable to procure SARA-compliant housing is plainly unconstitutional. The policy violates sex offenders’ fundamental right to be released from prison after serving their sentence. Further, the policy fails to meet even the most relaxed form of judicial review because the state has not shown that it benefits public safety. Indeed, there is virtually no evidence proving that this policy serves to protect the public at all, and a growing body of research shows …

A Means To An End: A Way To Curb Bias-Based Policing In New York City, Garanique N. Williams

Cardozo Law Review de•novo

Conversations about destructive policing, violence, and questionable law enforcement practices have been a focus in social media in recent years. However, housing status is often a neglected, yet important, protected category that should be considered in conversations about the impact race, class, socioeconomic status, and other factors have on policing. This Note argues that since the NYPD has found alternate, less invasive means of accomplishing their objectives, NYPD officers who operate in Police Service Areas located on NYCHA property, are in violation of New York City Administrative Code Section 14-151 for targeting NYCHA residents, based on housing status, and therefore …

Revisiting The Disability Integration Presumption, Chris Yarrell

Cardozo Law Review de•novo

The Individuals with Disabilities Education Act’s (IDEA) predecessor established a legal presumption in favor of educating all students with disabilities in an integrated, “least restrictive environment” (LRE) to the “maximum extent appropriate.” Yet, the precise meaning of this statutory presumption remains unsettled, which has led to mounting special education disputes in federal court. This Article addresses a less developed area of IDEA litigation: namely, how federal courts should interpret this statutory presumption in light of the disproportionate placement of students with the most significant cognitive disabilities in separate settings.

Whether students with the most significant cognitive disabilities sacrifice their right …

Digital Purgatory And The Rights Of The Dead: Protecting Against Digital Disinterment In The Age Of Artificial Intelligence, Greyson Cohen

Cardozo Law Review de•novo

This Note will attempt to show that the existing patchwork of rights of publicity statutes and case law are inadequate to protect citizens from online harms in the age of synthetic media. Particularly, this Note will focus on postmortem right of publicity interests and protections because a robust market for the likenesses of deceased personalities exists and will likely grow in the age of synthetic media.

Part I will explain how synthetic media may contribute to an increase in the harms associated with rights of publicity violations, particularly after death. Part II will begin by outlining the legal landscape of …

Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal

Cardozo Journal of Conflict Resolution

No abstract provided.

Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright

Cardozo Journal of Conflict Resolution

No abstract provided.

Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush

Cardozo Journal of Conflict Resolution

No abstract provided.