Law Commons^™

Abu Zubaydah And Publicly Available State Secrets, Hunter Rebetti

Cardozo International & Comparative Law Review (CICLR) Blog

In 2002, the Pakistani government arrested Abu Zubaydah, a suspected lieutenant of the terrorist group Al Qaeda, before passing him off to the Central Intelligence Agency (CIA). Early on in Zubaydah’s imprisonment he was moved between various CIA detention cites. Zubaydah claims the CIA held him in a detention site (aka “black-site”) in Poland during 2002 and 2003. Neither the CIA, nor any other branch of government, have confirmed that there is a detention site located in Poland.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2022. The original post can be …

The Pga Tour V. Liv Golf: The Antitrust Case, Alexandria Ciadrullo

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There has been controversy in the world of professional golf over recent months with the emergence of LIV Golf. Funded by Saudi Arabia’s Sovereign Wealth Fund, LIV has undergone criticism for being a tool used to “sportswash” Saudi Arabia’s terrible human rights record and improve the image of the Kingdom. Despite these critiques, LIV has managed to entice ten of the world’s top-fifty golfers by offering hundreds of millions of dollars in guaranteed money.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 9, 2022. The original post can be accessed via the …

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

2022–2023 Flyers

The Cardozo International & Comparative Law Review is pleased to host 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 law, this symposium will analyze how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022 Event Invitations

Where are we in labor law and how did we get here? Why is labor relations so litigious in sports? What is contributing to the uptick in unionization efforts at Starbucks and Amazon, among others? Join us to hear our distinguished panel discuss current developments and labor law disputes from a historical perspective.

Panelists include National Labor Relations Board (NLRB) Member Gwynne A. Wilcox, Professor of Practice David J. Weisenfeld, and Former Adjunct Professor Dan Silverman, who held various positions at the NLRB including Regional Director in Manhattan and Acting General Counsel. Professor David Rudenstine will moderate the conversation.

Click …

Labor Law: Sports, Starbucks, Amazon And Recent Union Activity From A Historical Perspective, Cardozo Labor And Employment Law Society, Cardozo Business Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2022–2023 Flyers

Click here to view the event invitation.

The Failing Congressional Response To The Missing And Murdered Indigenous Persons Crisis, Sarah Brody

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

The Missing and Murdered Indigenous Persons (MMIP) crisis today is a continuation of the centuries of violence against Indigenous people that continues into the present. The injustice facing Indigenous communities today is sustained by the legacy of colonialism. Indigenous communities and individuals are here despite atrocities like genocide, land dispossession, forced displacement, forced removal of children, and sexual violence. The United States government continues to perpetuate this violence against indigenous peoples by passing insufficiently funded half-measures to address the MMIP crisis.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 7, …

Chinese American Advocacy For Chesa Boudin’S Recall After The 2021 Covid Hate Crimes Act, Grace Ouyang

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

On June 8, 2022, San Francisco voters ousted Chesa Boudin as district attorney. Boudin was known as a “progressive prosecutor” who introduced criminal justice reform policies that aligned with restorative justice to reduce mass incarceration. Boudin was elected district attorney in 2019 on a decarceration platform which aimed to eliminate cash bail, to establish a prosecutor’s unit to re-evaluate wrongful convictions, and to advocate against assisting Immigration and Customs Enforcement (ICE) with raids and arrest. Two years later in May 2021, President Biden passed the COVID-19 Hate Crimes Act, which aimed to streamline the reporting of Asian American Pacific Islander …

Europe’S War On Loot Boxes, David Azrak

Cardozo International & Comparative Law Review (CICLR) Blog

Among the more pernicious forms of video game monetization, the much-reviled loot box, a digital capsule of collectible goods, faces ever ratcheting calls for regulation within the European Union. This past June, a group of twenty consumer rights organizations from eighteen European nations formally called on EU authorities to regulate the industry practice viewed as deceptive and predatory. Accounting for $15 billion in revenue in 2020 alone, including $1.6 billion in sales from publisher Electronic Arts’ (“EA”) various sports titles, loot boxes comprise a sizable chunk of industry revenue streams. They are here to stay it seems, at least for …

Misapplication Of The Sliding Scale Or A Nod To Arbitration Agreements?, Elliot Tepfer

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Eleventh Circuit’s recent decision in Lambert v. Signature Healthcare LLC. (11th Cir. July 8, 2022), pushes the limit in upholding arbitration clauses in contracts. In June 2012, Claire Lambert was 57 years old and was unemployed for approximately six months before accepting a position at Signature Healthcare, LLC (“Signature”). As a condition of her employment with Signature, Lambert signed an arbitration agreement that covered claims relating to recruitment, employment, or termination of employment. Lambert also signed an acknowledgment that she had received Signature’s employee handbook. The handbook acknowledgment stated that Signature may unilaterally change or discontinue any policy in …

Heyman Center Book Talk: Going Public, Heyman Center On Corporate Governance

2022 Event Invitations

Join us for a lively discussion with Dakin Campbell, author of Going Public: How Silicon Valley Rebels Loosened Wall Street’s Grip on the IPO and Sparked a Revolution and Megan Baier, partner at Wilson Sonsini Goodrich & Rosati, moderated by Rachel Landy, Visiting Assistant Professor and Director of the Heyman Center at Cardozo Law School.

Heyman Center Book Talk: Going Public, Heyman Center On Corporate Governance, Rachel Landy, Dakin Campbell, Megan Baier

2022–2023 Flyers

No abstract provided.

The Jacob Burns Center For Ethics In The Practice Of Law Book Talk: David Enrich, Jacob Burns Center For Ethics In The Practice Of Law

2022–2023 Flyers

Click here to read more information.

Fall Bash 2022, Cardozo Student Bar Association

2022–2023 Flyers

No abstract provided.

New York City Can Learn From London’S Congestion Pricing, Jason Nadboy

Cardozo International & Comparative Law Review (CICLR) Blog

New York City is known for having a lot of traffic. The car congestion is so heavy that drivers lost an average of 102 hours due to traffic in 2021. Furthermore, fewer New Yorkers have been taking public transportation due to the COVID-19 pandemic. According to the Metropolitan Transportation Authority (MTA), subway ridership was 55 percent lower in 2021 than it was in 2019. Similarly, bus ridership was 44 percent lower in 2021 than it was in 2019. Before the pandemic, nearly a quarter of all trips made into Midtown and Lower Manhattan were made by cars, vans, and trucks. …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

On the eve of mid-term elections in which polls find large majorities of Americans worried about the future of U.S. democracy, scholars and journalists are tracking growing interest here in the successful path of autocratic leaders abroad. Do once-democratic countries like Hungary offer American populists a meaningful roadmap for reforming the structures of U.S. democratic governance and constitutional law?

Moderator: Deborah Pearlstein, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy

Panelists:

• Zack Beauchamp, Senior Correspondent, Vox
• Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Public and International …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

Click here to view the event invitation.

Click here to view the recording.

The Jones Act: Legislative Enforcement Of Puerto Rico’S Dependence On The Mainland United States, Tabatha Cortes

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

In September of 2022, Hurricane Fiona struck Puerto Rico. There was widespread flooding and power outages that left thousands of Puerto Ricans without power. Some areas received more than two feet of rain, which caused mudslides and destroyed homes. These effects were exacerbated because Puerto Rico was still recovering from the effects that Hurricane Maria caused just five years earlier. About a week after the storm, Peerless Oil and Chemicals, a petroleum distributor, requested that one of its carriers determine if there was a ship near Puerto Rico that could transport oil to the island. Oil was needed to power …

Are Safe Haven Laws An Adequate Replacement For Abortion Rights?, Sophia Foster

Cardozo International & Comparative Law Review (CICLR) Blog

The United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization had a devastating impact on an individual’s right to choose. By holding that there is no constitutional right to abortion, the Court overturned decades of precedent that had protected a person’s bodily autonomy, resulting in negative effects on a pregnant person’s rights. But there were other, less obvious, effects of the decision as well. One of these results is a renewed attention on a minimally discussed law – a law that all fifty states have some version of. This law, commonly known as a safe haven law, …

Cardozo Launches The Perlmutter Center For Legal Justice, Benjamin N. Cardozo School Of Law

2022 Event Invitations

The Perlmutter Center for Legal Justice at Cardozo Law will be comprised of two components:

The Perlmutter Forensic Science Educational Program, an ambitious legal education program in scientific evidence for practicing attorneys.

The Perlmutter Freedom Clinic, seeking justice for the unjustly incarcerated, will fight wrongful convictions based on the misuse of scientific evidence and work to obtain clemency for individuals that have been unjustly incarcerated.

The Center will be led by prominent civil rights attorney and criminal justice reform advocate Josh Dubin, who will serve as Executive Director. The Deputy Director will be Derrick Hamilton, a formerly incarcerated individual who …

The Rights Of Non-Regular Workers In Japan, Bailey Cook Dailey

Cardozo International & Comparative Law Review (CICLR) Blog

Lifetime employment used to be the norm in Japan. Workers who are “regular” lifetime employees receive a livable salary, great benefits, a retirement pension as well as protections from termination. “non-regular” workers are workers who aren’t lifetime employees. They have increased rapidly since the 1990s when Japan’s economy faced a significant downturn, and then again in the following decade during the global 2008 recession. The population of non-regular employees has grown from 8.8 million (20% of all workers) in 1990 to 21.6 million (38% of all workers) in 2019, almost doubling in that 30 year range.

This post was originally …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Ferkauf Professors Kailey Roberts And Jennifer Cooper, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Kailey Roberts is an Assistant Professor of Clinical Psychology at Ferkauf Graduate School of Psychology specializing in bereavement and existential psychotherapy. Roberts' research and teaching focuses on understanding existential distress and supporting individuals facing adversity through connection to their unique sense of meaning, identity and purpose. Jennifer Cooper, is an Assistant Professor at Ferkauf Graduate School of Psychology. Cooper’s research agenda is focused on preventing and treating youth mental, emotional and behavioral issues through improving the use of multi-tier frameworks and culturally responsive evidence-based practices in schools. They will discuss "Cultivating Psychosocial Wellbeing in LGBTQIA+ Individuals and Communities."

The Exploitations Of Ndas In Theranos: Exposing The Gaps In Dtsa, Shira Bratt

Cardozo International & Comparative Law Review (CICLR) Blog

Nondisclosure agreements, or NDAs, are contracts typically between an employer and an employee. These were originally created to protect a company’s confidential information, by ensuring that employees can’t disseminate it. NDAs have become commonplace corporate practice to protect confidential information such as trade secrets, or “proprietary processes”. However, there are two general areas that employers have exploited the use of NDAs in recent years. The first has been uncovered through the #MeToo Movement, and the second has recently come to light with the Theranos trial.

This post was originally published on the Cardozo International & Comparative Law Review on October …

Eviction Moratorium Redux, Cardozo Public Interest Law Student Association, Cardozo Real Estate Law Association

2022–2023 Flyers

No abstract provided.

Concerns Re: Rikers Island And The Increase In Inmate Deaths, Emma Guggenheimer

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

In recent years, New York City’s jail system has been in a state of constant crisis due to overcrowding, violence, and consistent sick outs from correction officers. When Mayor Eric Adams took office in January 2022, Department of Corrections commissioner Louis Molina said he was “unequivocally committed to transparency and restoring public trust in the agency.” The agency has been plagued by corruption and sixteen detainee deaths in 2021. As of September 27, 2022, sixteen people have died after being held in Riker’s Island, even as officials have rushed to implement reforms to stave off a looming June 2022 threat …

The Reintroduction Of The Consumer Bankruptcy Reform Act: Throwing Debtors A Lifeline, Zoe Zingale

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

In an ideal world, the United States consumer bankruptcy system provides a “fresh start” to individuals who find themselves in financial distress for reasons beyond their control while also stimulating the economy by allowing debtors the ability to engage in transactions. In reality, however, overly complex laws and procedures in the Bankruptcy Code prevent this system from functioning at its full potential. Moreover, current procedural complications too often lead to significant racially disparate outcomes that disadvantage people of color.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on October 24, 2022. The …

More On The Varying Meanings Of “Congress” And “Legislature”, Michael Herz

Online Publications

In a recent Election Law Blog post regarding the Independent State Legislature doctrine, Rick Pildes observes that the term “Congress” in the U.S. Constitution sometimes means Congress acting alone and sometimes means Congress acting through legislation. Given that, it makes perfect sense that the term “legislature” can also sometimes mean the one and sometimes the other. I agree. This post just expands the intratextual analysis.

The New Nil Market May Decrease Overseas Professional Basketball Recruitment Of United States Talent, Diego Colonna

Cardozo International & Comparative Law Review (CICLR) Blog

At only nineteen years old, Cade Cunningham earned a $10.05 million salary to join the Detroit Pistons as the first overall pick in the 2021 National Baseball Association (the “NBA”) Draft. The remaining top ten picks also earned multi-million-dollar salaries at similarly young ages. With the potential to make millions in their early twenties, it is no wonder why thousands of high school-aged basketball players dream of playing in the NBA one day. In addition to the fierce competition and limited opportunities, there is one major hurdle that young players need to overcome to realize this dream: the NBA’s “one-and-done” …

Weekly Pop-Up Class: Lgbtq Rights And The Crisis Of Democracy, Deborah Pearlstein, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Deborah Pearlstein is Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy. Pearlstein has repeatedly testified before Congress on topics from war powers to executive branch oversight. Her work on the U.S. Constitution, international law, and national security has appeared widely in law journals and the popular press.

Democracy Harms And The First Amendment, Deborah Pearlstein

Articles

The First Amendment tolerates—has long tolerated—the regulation of certain kinds of false speech. Indeed, regulable lies are not limited to traditionally less-protected categories of speech like defamation and commercial deception. They include an array of other established speech regulations, administered by government institutions every day, from criminal laws barring perjury and other lies to government officials, to disciplinary measures by elected bodies sanctioning members for false or otherwise objectionable speech. Yet while it is easy to identify the kinds of lies that existing doctrinal categories make regulable for the personal, physical, or reputational harms they inflict on individuals¸ it has …

Facets Of Family Law Panel, Cardozo Family Law Society

2022–2023 Flyers

No abstract provided.