Law Commons^™

The Acceptance Of Nfts In The Art World, Alissa Donovan

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Since the first creation of non-fungible tokens (NFTs) in 2014, some have tried to discredit this new technology as a scam undeserving of legitimate artistic consideration. The test of time has proven otherwise, as the use of NFTs has expanded to impact numerous industries. Although the collapse of NFT trading volumes in September of 2022 allowed critics an “I told you so” moment, NFTs seem to be continuously expanding in both use and legitimacy from their first conception. Significantly, art museums have also made a statement: NFTs are a legitimate art form and a lucrative move for the future of …

The Monkeypox Problem, Sean Dalton

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

In the spring and summer of 2022, monkeypox spread throughout the world, and had a prominent impact on the United States. The outbreak became so prevalent that the US Department of Health and Human Services declared monkeypox to be a national emergency in August. While transmission seems to have slowed during the last few months (likely due to the distribution of vaccines) there are serious issues for the US moving forward in terms of how the government reacts to outbreaks, particularly ones that predominantly impact marginalized communities.

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

The Supreme Court Revisits Affirmative Action: The Potential For A Major Decline In Diversity, Jessica Waldman

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

Affirmative action was conceived amidst the civil rights movement of the 1960s as an attempt to create more opportunities for people who have been historically disadvantaged based on their race, religion, or sex. According to the Legal Information Institute, “[a]ffirmative action is defined as a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” In accordance with the policy for government employers, many universities and colleges began to adopt similar policies to combat the historical racial discrimination in higher education, having an effect of more …

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …

The Power And Failure Of Fifa To Be A Force For Lgbtq And Human Rights, Issac Gamboa

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The FIFA World Cup began in November, and with it, the attention of an anticipated three billion viewers turned to this year’s host nation Qatar. Qatar is the first Middle Eastern country to host the event and has spent billions of dollars to quickly build the infrastructure necessary to host the tournament. But as Qatar worked to improve its infrastructure for the tournament, concerns over the host nation’s discriminatory laws against the LGBTQ community caused many to wonder how the strictly religious Arab country could accommodate such a diverse fanbase.

This post was originally published on the Cardozo Arts & …

Justice Center Leader's Journey From Prison To Changemaker, Derrick Hamilton

Perlmutter Center News

Derrick Hamilton, deputy director of Cardozo School of Law's Perlmutter Center for Legal Justice, studied law while in prison and won his own exoneration after serving a 21-year sentence. Today, he hopes to make big changes in the justice system to ensure others don't need to do the same.

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

2022 Event Invitations

The symposium will explore the changing landscape of international conflicts and the role that dispute resolution can play in strengthening capacity to respond effectively. The keynote address will be given by Anne Leslie, who leads the Cloud Risk and Controls Europe division at IBM, as well as IBM’s Cloud for Financial Services.

The program will consist of three panels featuring academics and practitioners in the fields of dispute resolution and cyber security who will discuss: the history of hybrid warfare and the way it unfolds in the real world; the various ways negotiation theory applies and how it can address …

Negotiation Strategies For War By Other Means, Cardozo Journal Of Conflict Resolution

2022–2023 Flyers

On Friday, November 18, 2022, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “Negotiation Strategies for War by Other Means.”

This Symposium examined the changing landscape of international conflicts and the role that dispute resolution can play in preventing and improving cross-border discord.

After a keynote address by Anne Leslie (Cloud Risk and Controls Leader at Europe IBM and IBM’s Cloud for Financial Services), our three panels featured academics and practitioners in the fields of dispute resolution and cyber security who discussed the history of hybrid warfare and the way it unfolds in the real world, …

Innocence Project Clinic Information Session, Innocence Project, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

Can Artificial Intelligence Be Inventors Under Current Patent Law?, Sarah Alexandra Batterman

Cardozo International & Comparative Law Review (CICLR) Blog

As technological developments in artificial intelligence (AI) develop, so have questions as to what AI’s role should be within the larger universe of intellectual property. For instance, in U.S. patent law it is normally the person who conceives of the invention who has the right to be named the inventor of the patent and thus afforded patent protection. “Conception” requires an inventor to have a specific solution to a problem and is considered to be accomplished only when the idea is so clearly defined in the inventor’s mind that “only ordinary skill would be necessary to reduce the invention to …

The “Food Blog” Scroll And Its Impact On Online Legal Research, Olivia Smith Schlinck

Library Staff Online Writings

After transitioning from a written to a “live” format for assignments in my Advanced Legal Research class, I noticed a vaguely familiar pattern of students unintentionally scrolling past relevant information on their screens.

Brief Of Amici Curiae On Behalf Of Professors In Support Of Petitioner, Leslie Salzman, Rebekah Diller

Amicus Briefs

Amici curiae are professors who research, write, and teach about disability law, special education, civil rights, and administrative law. They are interested in the proper application of the statutes that protect disabled students’ rights and in the scope of exhaustion doctrine. Amici also have an interest in preserving the ability of parties to voluntarily settle disputes, particularly in the context of the legislative schemes here, which encourage cooperation between parties.

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

The Floersheimer Center for Constitutional Democracy invites you to join us for a conversation with New York Times bestselling author and Supreme Court reporter Dahlia Lithwick to discuss her book, Lady Justice. Cardozo Professor Kate Shaw will moderate.

Click here to view the flyer.

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022 Event Invitations

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

• Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

• Lindsay Nash, Associate Professor of Law, Co-Director of …

The Intersection Of Data Science, Tech And Law, Cardozo Law And Data Science Society, Cardozo Business Law Society, Cardozo Antitrust Society, Cardozo Intellectual Property Law Society (Ipls)

2022–2023 Flyers

No abstract provided.

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022–2023 Flyers

Click here to view the event invitation.

A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Distinguished Lecture Series, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

The Supreme Court's 2022 Term with Kate Shaw, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy.

Intellectual Property & Information Law Fall 2022 Speaker Series, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

Join us for a conversation with Jonathan Herstoff, Partner at the law firm of Haug Partners LLP (formerly Frommer Lawrence & Haug LLP).

The Current State Of Estates, Cardozo Trusts And Estates Law Society

2022–2023 Flyers

No abstract provided.

Intro To Sports Law With Hogan Lovells, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Learn from experienced attorneys at Hogan Lovells about different legal paths relating to sports and how to combine passion with Big Law.

Speakers include:

• Michael J. Kuh, Partner, Corporate & Finance
• Jimmy McEntee, Associate, Arbitration and Employment
• Danielle Litwak, Associate, Corporate & Finance
• C.J. Harrinton, Sports and M&A Associate

Opening remarks by: Matthew E. Eisler, Partner and Global Head of Sports

Moderated by: Dean Rosenberg, President of the Cardozo Sports Law Society

Click here to view the flyer.

Intro To Sports Law With Hogan Lovells, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

Tequila, Or Not Tequila? Appellation Of Origin, And The Saga Of Temequila, Max Kleiner

Cardozo International & Comparative Law Review (CICLR) Blog

When you think of tequila, the first thing that probably comes to mind is the spirit. Perhaps you are thinking of the song, or the town in the Mexican state, Jalisco. But chances are you are thinking about shots and lime wedges, an expensive glass bottle with an ornamental plug at the top, or a cold green cocktail served in a coupe glass with a salted rim. And I would never fault you for thinking of any of those things. But have you ever asked yourself what makes tequila tequila?

This post was originally published on the Cardozo International & …

Netflix Copyright Lawsuit Results In Final Curtain For “Unofficial Bridgerton Musical.” Could Other Fanworks Be Next?, Madeleine Higgs

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Shortly after the first season of the Netflix television show Bridgerton debuted, another project began. Struggling musician Abigail Barlow found inspiration in the show, which she felt had an inherent quality that lent itself perfectly to a Broadway-style musical. After a clip of herself singing a Bridgerton-inspired song went viral on TikTok, Barlow teamed up with fellow musician Emily Bear, and the work to create a full album based on the show began in earnest. Hype continued to build throughout the songwriting process, as Barlow and Bear’s songs amassed roughly thirty-six million likes on TikTok, and before long, the album …

Spotify V. Apple—Why These Two Tech Giants Don’T See Eye-To-Eye, Dylan Blanchard

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On October 25, 2022, the audio streaming platform Spotify posted an article on their blog titled It’s Past Time to Play Fair: Apple’s Anti-Competitive Behavior Hurts Everyone—Including Audiobook Listeners, Publishers, and Authors. The article links to a self-published website devoted to explaining all the ways in which Apple participates in the market unfairly; most recently culminating in Apple’s continuous compliance roadblocks on Spotify’s latest app feature is audiobooks.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 15, 2022. The original post can be accessed via the Archived Link button above.

Race Discrimination In Temporary Protected Status: Why Honduras Still Lacks Sufficient Protection, Maleah Bradley

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

In November 2020, Hurricane Eta, a category 4 hurricane, slammed the coast of Honduras and caused widespread flooding and destruction across the whole of Central America. Just two weeks later, Hurricane Iota, a category 5 hurricane, hit an already-reeling Honduras, causing water levels to reach rooftops, completely washing away bridges, and causing billions of dollars in damage across the country. In the area of the Ulua River near San Pedro Sula, water levels rose almost a meter higher than the highest-recorded levels during the infamous Hurricane Mitch in 1998. These hurricanes affected more than 4.5 million people in Honduras alone, …

Puppy Yoga, Cardozo Wellness Society, Cardozo Student Animal Legal Defense Fund

2022–2023 Flyers

No abstract provided.

Russell Yavner, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

The Cardozo Sports Law Society and FAME Center are honored to have Russell Yavner speak about his fascinating legal career in the sports industry.

Automatic Takedowns: How Contentid Has Changed Copyright Enforcement, Cardozo Fame Center, Cardozo Entertainment Law Society, Cardozo Intellectual Property Law Society

2022–2023 Flyers

No abstract provided.

Intersectionality In International Criminal Law Symposium, Cardozo International & Comparative Law Review

2022 Event Invitations

The Cardozo International & Comparative Law Review hosted a virtual symposium on intersectionality and how international criminal law can account for structural drivers of violence. Through critically questioning discriminatory systems and applications of the law, this symposium analyzes how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

This symposium features Alexandra Lily Kather, International Criminal Lawyer and Co-Founder of Emergent Justice Collective; Nick Leddy, Head of Litigation at Legal Action Worldwide; Priya Gopalan, International Criminal Lawyer and Member of the UN Working Group on Arbitrary Detention; moderated by Ramya Kudekallu, Telford …