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Yeshiva University, Cardozo School of Law

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Articles 1981 - 2010 of 11596

Full-Text Articles in Law

Don't Foreclose On Me: Adr's Role In Regulating The Foreclosure Power Of Homeowners Association In The Aftermath Of Covid-19, Jessica Lalehzar Jan 2023

Don't Foreclose On Me: Adr's Role In Regulating The Foreclosure Power Of Homeowners Association In The Aftermath Of Covid-19, Jessica Lalehzar

Cardozo Journal of Conflict Resolution

No abstract provided.

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Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill Jan 2023

Improving New York City's Covid-19 Vaccine Mandate For Public Sector Workers: A Collaborative Framework For Labor-Management Relations In High Impact Circumstances, Chelsea Hill

Cardozo Journal of Conflict Resolution

No abstract provided.

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Easing Evictions: The Need For Mediation And Formal Eviction Guidelines Between New York City Landlords And Rent-Stabilized Tenants, Halle Jaffe Jan 2023

Easing Evictions: The Need For Mediation And Formal Eviction Guidelines Between New York City Landlords And Rent-Stabilized Tenants, Halle Jaffe

Cardozo Journal of Conflict Resolution

No abstract provided.

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Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 2 Jan 2023

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

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Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz Jan 2023

Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz

Cardozo Journal of Conflict Resolution

No abstract provided.

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Beyond Problem-Solving Courts, Erin R. Collins Jan 2023

Beyond Problem-Solving Courts, Erin R. Collins

Cardozo Journal of Conflict Resolution

Problem-solving courts were borne out of well-meaning experimentalist spirit, a spirit that is very much in line with the vision of this Symposium on the multi-door criminal courthouse. These courts, which include drug courts, mental health courts, veterans' courts, and many other specialized criminal courts, were created as a way to close one door to the criminal courthouse-the so-called "revolving door" that appeared to bring some people accused of crimes back into court as soon as they exited. Problem-solving court judges sought to open a different door for some of those who entered their courtrooms, a door that they hoped …

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Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik Jan 2023

Pacifying Professional Negligence Disputes - The Prospective Path For Mediation Within The Psilocybin Industry, Miranda Sapoznik

Cardozo Journal of Conflict Resolution

No abstract provided.

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Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff Jan 2023

Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff

Cardozo Arts & Entertainment Law Journal

The article discusses the legal implications and challenges surrounding college athletes' rights to profit from their name, image, and likeness (NIL), following the NCAA's 2021 decision to lift its ban on athletes cashing in on their fame. The symposium explores the evolving legal landscape, including regulatory frameworks, equity issues, and the role of collectives, highlighting the need for clearer guidelines to address the complexities arising from this change.

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Panel 2: Regulations & Other Congressional Concerns, Sam C. Ehrlich, Dan Lust, Matt Mitten, John T. Wolohan, Andrew Zimbalist, Maureen Weston Jan 2023

Panel 2: Regulations & Other Congressional Concerns, Sam C. Ehrlich, Dan Lust, Matt Mitten, John T. Wolohan, Andrew Zimbalist, Maureen Weston

Cardozo Arts & Entertainment Law Journal

The article examines the evolution of college athletes' name, image, and likeness (NIL) rights, highlighting the shift from NCAA control to a chaotic regulatory landscape influenced by court rulings and state laws. The NCAA seeks Congressional intervention for antitrust immunity to address these challenges.

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Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster Jan 2023

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic-there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

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Victim-Offender Mediation: A Missing Component Of A Multi-Pronged Approach To Reduce New York City Subway Crime, Elizabeth Neuburger Jan 2023

Victim-Offender Mediation: A Missing Component Of A Multi-Pronged Approach To Reduce New York City Subway Crime, Elizabeth Neuburger

Cardozo Journal of Conflict Resolution

No abstract provided.

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Blockchain, The Superhero That The Healthcare Industry Needs, Victor Wang Jan 2023

Blockchain, The Superhero That The Healthcare Industry Needs, Victor Wang

Cardozo Arts & Entertainment Law Journal

The note argues that blockchain technology holds significant potential for transforming the healthcare industry by enhancing data security and efficiency. However, its integration faces legal challenges due to conflicts with existing healthcare laws, particularly the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act. The note contends that blockchain's decentralized and immutable nature violates key HIPAA requirements, such as data disposal and accountability standards. It advocates for updating these laws to accommodate blockchain technology and ensure compliance, emphasizing the need for legal frameworks to evolve alongside technological advancements.

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Strengthening Nagpra, B. Stephen Jones Jan 2023

Strengthening Nagpra, B. Stephen Jones

Cardozo Arts & Entertainment Law Journal

The note examines the limitations of the Native American Grave Protection and Repatriation Act (NAGPRA) in addressing international repatriation of cultural patrimony and proposes complementary legal frameworks to fill these gaps. It highlights the potential of the Safeguard Tribal Objects of Patrimony Act (STOP Act) and the Indigenous McClain Doctrine to enhance protections, while advocating for the recognition of intangible cultural patrimony and the use of moral rights and the right to publicity to safeguard Indigenous cultural sovereignty.

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All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow Jan 2023

All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow

Cardozo Arts & Entertainment Law Journal

Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.

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Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss Jan 2023

Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss

Cardozo Arts & Entertainment Law Journal

The COVID-19 pandemic accelerated the adoption of remote witnessing and notarization in trusts and estates, offering convenience but introducing risks like fraud and privacy concerns. The article advocates for a balanced approach, suggesting uniform national standards to mitigate these risks while maintaining the benefits of remote processes.

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The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler Jan 2023

The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler

Cardozo Arts & Entertainment Law Journal

The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote …

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Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin Jan 2023

Reconsidering A Private Right Of Action Under Vawa: How The Media Portrays Violence Against Women And Its Effect On Commerce Clause Jurisprudence, Lauren Chamberlin

Cardozo Arts & Entertainment Law Journal

The note argues that the Violence Against Women Act's (VAWA) private right of action was a valid exercise of Congress's Commerce Clause powers, contrary to the Supreme Court's ruling in United States v. Morrison. It contends that gender-based violence substantially affects interstate commerce and that the Court's decision was influenced by outdated perceptions of such violence as a private matter. The article advocates for the reenactment of the private right of action, emphasizing the need for Congress, the courts, and the states to address the economic and societal impacts of gender-based violence.

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Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder Jan 2023

Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.

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Physical Scars Are Not The Only Evidence: Crucial Expansion Of New York's Penal Law To Define Coercive Control And Technological Abuse As Domestic Violence, Bailey D. Appel Jan 2023

Physical Scars Are Not The Only Evidence: Crucial Expansion Of New York's Penal Law To Define Coercive Control And Technological Abuse As Domestic Violence, Bailey D. Appel

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's domestic violence laws are insufficient as they fail to recognize non-physical forms of abuse, specifically coercive control and technological abuse. It emphasizes the need to expand the legal definition of domestic violence to include these forms, particularly in light of the increased prevalence during the COVID-19 pandemic, which trapped victims at home with their abusers.

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Fragmented Music Copyright Protection: A Better Arrangement, Matthew B. Goldman Jan 2023

Fragmented Music Copyright Protection: A Better Arrangement, Matthew B. Goldman

Cardozo Arts & Entertainment Law Journal

The note explores the challenges of music copyright law, particularly in determining the protectability of fragmented elements within musical works. It argues that by applying doctrinal tools such as the idea-expression distinction, merger, scenes a faire, and thin copyright, courts can better balance the protection of original expression with the need to allow future creativity. The analysis focuses on two key cases, Skidmore v. Led Zeppelin and Gray v. Perry, to illustrate how these tools can be effectively used to resolve music copyright disputes.

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Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca Jan 2023

Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca

Cardozo Arts & Entertainment Law Journal

The note examines the challenges of combating false election information on social media platforms, focusing on the role of Section 230 of the Communications Decency Act. It argues that while Section 230 is crucial for protecting online speech, its current form is inadequate in addressing the spread of misinformation in the modern digital landscape. The note evaluates various proposals for reform, including the repeal or modification of Section 230, and suggests a balanced approach that maintains its protections while incentivizing improved content moderation to combat false election information.

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Accelerating Toward The Inevitable: How Covid-19 Helped Alter Traditional Models Of Talent Compensation In The Film Industry, Raven Berzal Jan 2023

Accelerating Toward The Inevitable: How Covid-19 Helped Alter Traditional Models Of Talent Compensation In The Film Industry, Raven Berzal

Cardozo Arts & Entertainment Law Journal

The COVID-19 pandemic accelerated a significant shift in the film industry’s talent compensation models, driven by the rise of streaming platforms and the decline of traditional theatrical releases. This transformation has moved compensation structures from backend profit-sharing to upfront payments, raising legal and contractual challenges. The Johansson v. Disney case exemplifies these disputes, highlighting the need for clearer definitions of success and compensation in the streaming era. The industry is likely to adopt hybrid models, blending upfront fees with alternative compensation methods, as streaming continues to reshape how talent is paid.

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Randomness, Ai Art, And Copyright, Richard H. Chused Jan 2023

Randomness, Ai Art, And Copyright, Richard H. Chused

Cardozo Arts & Entertainment Law Journal

The article argues that art created with the assistance of AI tools should generally be eligible for copyright protection. It posits that human agency is present in the creation of AI-generated art, as traditional artistic works also incorporate randomness and unpredictability. By examining works by artists like Alexander Calder, Robert Rauschenberg, and John Cage, the analysis demonstrates that randomness and unpredictability have long been protected under copyright law, suggesting that AI-generated art should receive similar treatment.

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Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen Jan 2023

Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen

Cardozo Arts & Entertainment Law Journal

During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …

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Protecting Ravenstail: Cultural Appropriation And The Outer Limits Of Copyright Law, Nosson Sternbach Jan 2023

Protecting Ravenstail: Cultural Appropriation And The Outer Limits Of Copyright Law, Nosson Sternbach

Cardozo Arts & Entertainment Law Journal

The note examines the challenges minority cultures, particularly indigenous communities, face in protecting their cultural heritage through copyright law, focusing on the Sealaska Heritage Institute Inc. v. Neiman Marcus Group LTD, LLC case. It argues that copyright law's requirements—such as fixation, originality, authorship, and duration—create significant barriers for indigenous cultures seeking to safeguard their intellectual property. The note also critiques the Indian Arts and Crafts Act (IACA) for its inefficacy in preventing cultural appropriation, as it requires plaintiffs to prove specific harms and often fails to address the misuse of cultural motifs without explicit tribal names. The Sealaska case highlights …

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Dickens V. Lee (1844): A Christmas Tale Of Two Experts Testifying, Mark Rose Jan 2023

Dickens V. Lee (1844): A Christmas Tale Of Two Experts Testifying, Mark Rose

Cardozo Arts & Entertainment Law Journal

The article examines the 1844 case of Dickens v. Lee, highlighting its significance as an early example of the use of expert witnesses in copyright disputes. Dickens successfully sued over the unauthorized adaptation of A Christmas Carol, but the case underscores the challenges of balancing literary and commercial considerations in copyright law. The defense's use of expert testimony to argue market differentiation contrasts with the court's focus on literary similarity, foreshadowing modern debates on substantial similarity in copyright infringement.

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How Patents Became Politics, Steven Wilf Jan 2023

How Patents Became Politics, Steven Wilf

Cardozo Arts & Entertainment Law Journal

Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for open source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a littleknown …

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Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 2 Jan 2023

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 41, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott Jan 2023

100 Years Of International Ip - Reflections On Past, Present And Future, Frederick M. Abbott

Cardozo Arts & Entertainment Law Journal

The article reflects on the past 100 years of international intellectual property (IP) law, highlighting its evolution from regional agreements to global systems like the TRIPS Agreement. It emphasizes that IP rights are shaped by human policies and societal needs, not inherent qualities, making them adaptable. Current challenges include balancing IP protection with public access, addressing cybercrime, and grappling with AI-generated works.

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The Next 100 Years Of International Intellectual Property: Integrating Human Rights And Corporate Social Responsibility, Julia Janewa Osei-Tutu Jan 2023

The Next 100 Years Of International Intellectual Property: Integrating Human Rights And Corporate Social Responsibility, Julia Janewa Osei-Tutu

Cardozo Arts & Entertainment Law Journal

The article predicts that international intellectual property (IP) law will increasingly integrate human rights and corporate social responsibility (CSR) into its framework over the next century. This shift reflects a broader trend of balancing IP protection with societal concerns, such as public health, cultural heritage, and human development. The author argues that while the TRIPS Agreement established minimum IP standards, future agreements will prioritize equitable access to knowledge, medicines, and traditional knowledge, aligning IP law with global sustainability and human rights goals.

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