Law Commons^™

The Advent Of Facial Recognition And The Erosion Of The Rule Of Law In "Moscow Smart City", Antonina Semivolos

Cardozo Journal of Equal Rights & Social Justice

The Russian government's deployment of facial recognition technology in Moscow, exemplified by the Popova case, highlights the erosion of civil liberties due to insufficient legal regulation and the absence of safeguards against surveillance overreach. This deployment underscores the broader decline in democratic principles and civil society's diminished capacity to challenge authoritarian measures.

Accessibility In The Digital Age - Why The United States Needs A New Approach To The Americans With Disabilities Act, William J. Seguin

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Americans with Disabilities Act (ADA) must be updated to address digital accessibility, as its current framework, designed for the physical world, fails to accommodate the realities of the digital age. The ADA's success in promoting physical accessibility contrasts sharply with its inadequacy in ensuring equal access to digital spaces, highlighting the need for a new approach that includes digital platforms under its protections.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie

Cardozo Journal of Conflict Resolution

The question of what negotiation has to do with hybrid warfare was the starting point for Project Seshat, a project gathering a global group of academics and practitioners from many walks of life. Their shared interest is in exploring what the fields that fit generally within the concepts of "security" and "dispute resolution" have to offer each other in the context of hybrid warfare grey zone conflict, and how these two "sets" of fields interconnect. In trying to better understand what hybrid warfare is, how it works, and how best to respond to it, negotiation and dispute resolution academics have …

2022-2023 Annual Report, Heyman Center On Corporate Governance

Heyman Center Annual Reports

The 2022-2023 Annual Report of The Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo Law School highlights key events, the Heyman Scholars Program, and the diverse curriculum offerings. Featuring insights from industry experts and faculty, the report showcases the Center's commitment to excellence in business and corporate law education.

The Negative Effects Of Arbitration Clauses In Meal Delivery Service Subscriptions, Amanda Pasternak

Cardozo Journal of Conflict Resolution (CJCR) Blog

This past June, Daily Harvest, a vegan meal delivery service that sells soups, smoothies, and more recalled one of its products, French Lentil + Leek Crumbles, after hundreds of consumer reports of gastrointestinal illness, potential liver function issues, and other adverse reactions. According to the Food and Drug Administration (FDA), from April 28 to June 17, 2022, around 28,000 units of the recalled product were distributed to consumers throughout the United States via online sales, direct delivery, and retail sales. Samples were also given to a small number of consumers. Daily Harvest received around 470 reports of illness, which the …

Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw

Online Publications

The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.

You Do Not Have The Right To Remain Silent: The Lack Of Miranda Within “Child Welfare”, Jane Weiss

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

Reform within the “child welfare” system is widely discussed due to the systems prejudicial nature. The system is called many names: the family policing system, the family regulation system, and the family destruction system.] Many Black and Brown families, specifically, struggle with systemic racism embedded in the “child welfare” system that causes constant fear that minor flaws will lead to family separation.] While many activists call for the system to be abolished, many supporters of abolition understand that the goal can only be achieved through reforms that hold the perpetrators accountable. However, many activists have had little luck fixing a …

Redistricting: Federal Law, State Constitution, And The Courts, Arisha Andha

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

Gerrymandering through the method of redistricting poses a grave threat to our democracy. Redistricting is the redrawing of voting districts to reflect the census data collected every decade. Redistricting is supposed to be a bipartisan process that is reflective of the population, but laws surrounding the practice allow for partisan manipulation and racial discrimination. The practices of including or excluding specific groups from specific districts, also called gerrymandering, allow for districts to be redrawn so that the district favors one political party over another in elections and is inherently undemocratic Section 2 of the Voting Rights Acts (VRA) prohibits any …

State Digital Services Taxes: A Good And Permissible Idea (Despite What You Might Have Heard), Young Ran (Christine) Kim, Darien Shanske

Articles

Tax systems have been struggling to adapt to the digitalization of the economy. At the center of the struggles is taxing digital platforms, such as Google or Facebook. These immensely profitable firms have a business model that gives away “free” services, such as searching the web. The service is not really free; it is paid for by having the users watch ads and tender data. Traditional tax systems are not designed to tax such barter transactions, leaving a gap in taxation.

One response, pioneered in Europe, has been the creation of a wholly new tax to target digital platforms: the …

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

“That Little Girl Was Me”: Kamala Harris And The Civil Whites Of 1964 And Beyond, Maureen Johnson

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 44, Issue 2

Cardozo Law Review

No abstract provided.

Taming Immigration Trauma, Raquel E. Aldana

Cardozo Law Review

This Article documents the United States’ century-long efforts to humanize our borders. In the end, law has been insufficient to tame immigration law’s enforcement. How the United States enforces borders, however, can and should be more humane. Two important principles should guide this process. First, the United States should recognize that borders’ impacts are as severe as other forms of punishment, especially when the means to enforce the immigration power have become indistinguishable from criminal enforcement. Second, human trauma should guide immigration policy toward meaningful inclusion. After significant reckoning over the travesty of shutting our borders, the United States has …

Damn The Torpedoes! An Unprincipled, Incorrect, And Lonely Approach To Compassionate Release, Christopher J. Merken, Barnett J. Harris

Cardozo Law Review

When Congress passed the First Step Act in 2018, it extended to federal prisoners the right to file their own motions for compassionate release under 18 U.S.C. § 3582(c)(1)(A). As COVID-19 ravaged prisons, sentencing courts received a massive influx of prisoner-filed compassionate-release motions. But because the United States Sentencing Guidelines and the relevant Application Note predated the First Step Act, and therefore made no mention of prisoner-filed compassionate-release motions, sentencing courts were unsure whether they had discretion to determine whether a prisoner presented “extraordinary and compelling circumstances” warranting compassionate release.

Every United States Court of Appeals to consider whether sentencing …

Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss

Cardozo Law Review

No abstract provided.

Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko

Cardozo Law Review

No abstract provided.

Landlord Liability For Tenant-On-Tenant Harassment Under The Fair Housing Act, Mary Karapogosian

Cardozo Law Review

No abstract provided.

The Implications Of New York’S Gender Expression Non-Discrimination Act For Transgender Housing In Prisons, Rebecca Barrett

Cardozo Law Review

No abstract provided.

Ftx And The Future Of Crypto, Heyman Center On Corporate Governance

2022 Event Invitations

Join cryptocurrency and blockchain expert Aaron Wright, bankruptcy attorney Allen Kadish, securities regulation and fintech expert Professor Yuliya Guseva, and white collar crime expert Professor Andrew Jennings for a lively online conversation moderated by Cardozo Professor Matthew Wansley. We'll dive into cryptocurrency exchanges, the issues faced by FTX, why it collapsed, how bankruptcy will play out, and whether its executives face any legal liability.

Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law

2022 Event Invitations

Please join The Jacob Burns Center for Ethics in the Practice of Law for the second in their series of book talks, Lawyers on the Edge, with Andrew Kirtzman, author of Giuliani: The Rise and Tragic Fall of America's Mayor.

Andrew Kirtzman, journalist and author, has been following the career of Rudy Giuliani since the 1990s. His new biography traces Giuliani from the beginning of his rise to his role as Donald Trump’s personal lawyer.

Professor Jessica Roth, Co-Director of the Jacob Burns Center for Ethics in the Practice of Law, will lead a discussion with Kirtzman about his …

South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn

Cardozo International & Comparative Law Review (CICLR) Blog

During the Korean War, about 50,000 to 70,000 South Korean soldiers were taken prisoner of war (POW) by North Korea and its allies. While North Korea claimed that most South Korean POWs expressed to remain in North Korea and repatriated only 8,343 POWs, 80 South Korean POWs who escaped from North Korea told a different story. Most testified that they were never asked whether they want to return to South Korea, and some testified that they were forced to say they want to remain in North Korea. Held captive against their will, 50,000 South Korean POWs were sent to North …

Lawyers On The Edge: What Happened To Rudy Giuliani?, Jacob Burns Center For Ethics In The Practice Of Law

2022–2023 Flyers

Click here to view the event invitation.

How Ufc Fighters Are Being Punched In The Mouth Even After Stepping Out Of The Cage, William Schwartz

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is no questioning that the Ultimate Fighting Championship (“UFC”) is the premier mixed martial arts (“MMA”) promotion in the world. The UFC does pay their fighters more than other MMA promotions, but there are still plenty of people rightfully claiming that the UFC substantially underpays their fighters. In 2019, the UFC made over $900,000,000 in revenue and paid their fighters less than $150,000,000. That is sixteen percent of their revenue, which is significantly lower than what the National Football League (“NFL”), National Basketball Association (“NBA”), and Major League Baseball (“MLB”) pay their players. Those aforementioned leagues pay their players …

Glorification Of Serial Killers: How The Law Fails To Protect Families Of The Victims, Ksenia Khlystova-Gowda

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Serial killers have always caused controversy. They have been talked about, feared, studied, and after their deaths, they have been remembered and memorialized in various forms of art. In pursuit of success and fame, movie and documentary directors attempt to promote their own narratives while depicting the gruesome and hideous murders and crimes of these killers. However, it appears that few consider the pain and suffering these “art forms” cause the families of serial killer victims. Almost every year, there are new media productions that put serial killers in the spotlight and depict their victims as sacrificial plot elements that …

The Uscis Policy Manual: Exercising Questionable Authority Through Obscure Language, Marcy Pineda

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

In 2022, the United States Citizenship and Immigration Services (USCIS) began creating a centralized online repository for USCIS's immigration policies called the USCIS Policy Manual ("the Manual"), a tool to assist and further consistency in the decisions rendered by immigration officers. The Manual also establishes procedure around certain nuances of immigration policy. Consequently, USCIS has established new procedures around the Violence Against Women Act (VAWA) self-petition.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 28, 2022. The original post can be accessed via the Archived Link button above.

Landlord Duties To Combat Tenant-On-Tenant Discrimination Under The Fair Housing Act, Nicholas Cinquina

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

Congress passed the Fair Housing Act (“FHA”) during the Civil Rights movement, seeking to dispel discriminatory practices in the United States housing market. Relevant here, the FHA makes it unlawful to discriminate against protected class members in the “terms, conditions, or privileges of...rental of a dwelling, or in the provision of services or facilities in connection therewith....” Additionally, under the FHA, it is unlawful to “...interfere with any person in the exercise or enjoyment of...any right granted or protected...in this title.” Whether the FHA can be construed to make it unlawful for a property owner to acquiesce in tenant-on-tenant discriminatory …

The Legality Of Russian Gray-Market Imports, Ruben Attia

Cardozo International & Comparative Law Review (CICLR) Blog

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …

Brief Of Law Professors As Amici Curiae In Support Of Applicants’ Application To Vacate The Injunction Entered By The United States Court Of Appeals For The Eighth Circuit, Pamela Foohey

Amicus Briefs

Amici curiae Dean Erwin Chemerinsky and Professors William Araiza, Matthew Bruckner, Pamela Foohey, Jonathan Glater, Luke Herrine, Dalié Jiménez, Jeffrey Lubbers, Chrystin Ondersma, Peter Shane, and Peter Strauss are professors of law at universities throughout the United States, with expertise in student financial assistance programs under Title IV of the Higher Education Act of 1965 and administrative and constitutional law. Amici file this brief in support of Applicants because this case presents important questions within amici’s professional expertise, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory …

Keeping The Economy On Track: The Role Of Mediation, Super Mediation, And The National Mediation Board In Rail Labor Disputes, Chelsea Hill

Cardozo Journal of Conflict Resolution (CJCR) Blog

The threat of strike action by America’s railway workers in late summer 2022, in response to an inability to agree to a new contract acceptable to both management and labor, raised fears of a national economic shutdown. Although an agreement is pending ratification by rail union membership, a potential rail strike in an already-fragile economy highlighted an inherent tension in the way collective bargaining in the rail industry is governed under the Rail Labor Act (“RLA”). The RLA established a procedure-heavy process with designated roles for multiple federal government actors and an emphasis on mediation, establishing a new, independent executive …