Law Commons^™

Inflation Reduction Act’S Reception By Global Trading Partners, Sophia Hilsman

Cardozo International & Comparative Law Review (CICLR) Blog

The Biden Administration touted the Inflation Reduction Act (the “IRA”), signed on August 16, 2022, as “the most aggressive action on tackling the climate crisis in American history.” The world desperately needs climate action. The seven warmest years recorded on Earth were 2015 to 2021. In 2021, global fossil fuel carbon dioxide emissions “returned to the pre-pandemic levels of 2019.”

This post was originally published on the Cardozo International & Comparative Law Review on October 15, 2022. The original post can be accessed via the Archived Link button above.

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Kate Shaw, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Cardozo Professor Kate Shaw is the Co-Director of the Floersheimer Center for Constitutional Democracy. Before joining Cardozo, she worked in the White House Counsel’s Office as a Special Assistant to the President and Associate Counsel to the President. She clerked for Justice John Paul Stevens of the U.S. Supreme Court and Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit.

Will Mediation Return To In-Person Only Or Will The Future Hold For An Option Of Zoom Mediation?, Sydney Grant

Cardozo Journal of Conflict Resolution (CJCR) Blog

March 2020 rapidly changed the way the legal world operated. Before the pandemic, 100% of mediations were conducted in-person. However, due to health concerns, the ADR community had to quickly come up with a solution on how to continue conducting mediations in a safe, efficient, and effective manner. Questions arose about whether virtual mediations would be as effective as in-person ones and if the mediator would be able to establish the same rapport with the parties as they were able to in-person.

This post was originally published on the Cardozo Journal of Conflict Resolution website on October 12, 2022. The …

How A Podcast And Docuseries Helped To Release A 14 Year Prisoner, Julia Maxman

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

Adnan Syed, was released from prison on September 19, after being behind bars for 23 years. Syed was convicted in 1999 for the murder of his high school girlfriend, Hae Min Lee, despite steadfastly defending his innocence. After a mistrial in 1999, Syed was found guilty of murder in 2000 and sentenced to life in prison. After 14 years of his sentence had passed, Syed’s case gained widespread attention after it was featured on the Serial podcast. On the episode, host Sarah Koenig, questioned the credibility of the evidence used to incriminate Syed and the inconsistencies among the prosecution's witnesses. …

Reconsideration Of Forced Arbitration In Data Privacy Legislation, Andy (Chen Di) Xu

Cardozo Journal of Conflict Resolution (CJCR) Blog

Pre-dispute arbitration principles were established in 1925 by Congress through the Federal Arbitration Act (FAA) and were meant to “create an efficient way for businesses with comparable bargaining power to negotiate and agree upon an alternative means of conflict resolution.” However, the driving legal maxims behind the FAA failed to address cases with a large power imbalance between the parties. Arbitration in such cases usually see a company “likely be[ing] represented in arbitration by lawyers who are well-versed in the process and the issue involved, while the wronged customer must find an attorney willing to represent them for what is …

Where We Stand Today With The Public Charge Rule, Rachell Henriquez

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

The Statue of Liberty has become known as the “Mother of Exiles, greeting millions of immigrants and embodying hope and opportunity for those seeking a better life in America [,]” not only to Americans but to all people around the world. Yet, despite being designated as the land of dreams and opportunities, the United States has a long history of denying such dreams and opportunities to marginalized communities. The “public charge” rule refers to inadmissibility and deportability grounds in U.S. immigration law that have constantly barred poor noncitizens and noncitizens of color from obtaining legal status. The public charge rule …

Germany’S Erneuerbare-Energien-Gesetz And Incentives For Renewable Energy Production, James Stitt

Cardozo International & Comparative Law Review (CICLR) Blog

The Renewable Energy Sources Act (“EEG”) was introduced in Germany over twenty years ago and has since influenced similar legislation in over eighty countries. The EEG “forms the legal basis for the support for renewable energy sources in Germany.” The most groundbreaking feature of the EEG is the feed-in tariff (“FIT”) system incentivizing corporations and even individuals to join in renewable energy production. FITs were first introduced in 1991 with the Electricity Feed-In Act (Stromeinspeisungsgesetz), the legislation that started Germany’s push toward renewable energy source production.

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

Ed Sheeran Copyright Victory Highlights Issues In The Music Industry, Shayna Grife

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ed Sheeran won a copyright infringement lawsuit filed against him for alleged copyright infringement in his popular song “Shape of You” in 2018.The Grammy-winning song, which also holds the title of the most streamed song on Spotify, was accused of being too similar to “Oh Why” by Sami Switch. The lawsuit raised questions for the music industry as to the issues associated with the increase of copyright infringement suits and the damaging effects that they may have on the music industry.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 4, 2022. The …

Labeling “The Last Prisoners:” New Legislation Requires New York Museums To Identify Nazi-Looted Artwork, Stephanny Avshalomov

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“[S]he walked through the apartment and she turned to the SS men and she said, ‘Ich habe gernes. Alles.’ – ‘I like it. All of it.’ … they took everything out of [ ] our house.” The “greatest art theft in history” was executed alongside the largest mass murder in history. In 1940, Hitler established the Einsatztab Reichsleither Rosenberg (ERR) solely to confiscate and destroy art in German-occupied territories. When discussing the Holocaust, which included the grueling systematic annihilation of European Jews, the importance of artwork seems trivial. It, however, must be recognized: “You can wipe out an entire generation, …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Rachel B. Tiven, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Rachel Tiven will discuss "A History of U.S. Immigration Exclusion." Tiven is a civil rights leader turned historian. As the head of national non-profits Lambda Legal, Immigration Equality, and Immigrant Justice Corps, Tiven fought for equality for immigrants and LGBTQ/HIV+ people. Tiven has been recognized for her work by the Advocate magazine, New York County Lawyers Association and United We Dream.

Religious Freedom Or Freedom To Discriminate?, Samantha Woods

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

In April of 2021, students seeking to create a LGBTQ group on the campus of Yeshiva University (“YU”) filed suit against the institution for its flagrant violations of New York City Human Rights Law (“NYCHRL”) when repeatedly rejecting the formation of an LGBTQ student group on campus. Plaintiffs applied to be school-sponsored clubs through the proper channels and were denied recognition at YU by the highest levels of leadership, including Yeshiva’s President Rabbi Dr. Ari Berman. The university argues it is a religious institution, exempt from the NYCHRL. YU’s religious freedom defense fails when considered in light of its primary …

Backslide: A Comparison Of The United States And Colombia’S Recent Rulings On Abortions, Ethan Libo

Cardozo International & Comparative Law Review (CICLR) Blog

In 2022, the United States Supreme Court and Colombia’s Constitutional Court both handed out 5-4 decisions heading the opposite way on the issue of abortion. Historically, Latin American countries have been very strict on abortion. The Latin American populace is known to be of devout religious faith and to hold culturally conservative values. However, in 2022, Colombia joined a growing trend in Latin America when the country’s Constitutional Court ruled that the criminalization of abortion under twenty-four weeks is unconstitutional. In 2006, the Constitutional Court upheld the criminalization of abortion. However, the Court at that time carved out exceptions when: …

Kukin Program Newsletter – Fall 2022, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2022 celebrates leadership transitions, achievements, and initiatives at Cardozo Law School's Kukin Program for Conflict Resolution. Andrea Kupfer Schneider joins as Director, succeeding founding director Lela Love, with Robyn Weinstein taking on key roles in the Mediation Clinic. Faculty aided Ukrainian law students with skills training, and ADR Competition Honor Society members achieved international and domestic victories. The program awarded Boskey Restorative Justice Fellowships to students working on impactful community projects. Events like the Melnick Symposium explored critical topics, while William Ury received the International Advocate for Peace Award for his global conflict resolution …

Masthead - Cardozo International & Comparative Law Review, Vol. 6 (2022-23)

Cardozo International & Comparative Law Review

No abstract provided.

Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling

Cardozo International & Comparative Law Review

When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …

Prohibiting Slavery & The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

Slavery and the slave trade stubbornly persist in our time, but they receive insufficient attention in international human rights law. Even when courts adjudicate slavery violations, they often fail to characterize slave trade conduct that nearly always precedes slavery. Courts also characterize acts that meet the definition of slavery or the slave trade only as other human rights harms, such as forced labor or human trafficking. This failure to accurately characterize violations also as slavery and the slave trade perpetuates impunity and denies victims full expressive justice. This Article argues for reviving international human rights law’s prohibitions of slavery and …

Taming Unicorns, Matthew Wansley

Articles

Until recently, most startups that grew to become valuable businesses chose to become public companies. In the last decade, the number of unicorns—private, venture-backed startups valued over one billion dollars—has increased more than tenfold. Some of these unicorns committed misconduct that they successfully concealed for years. The difficulty of trading private company securities facilitates the concealment of misconduct. The opportunity to profit from trading a company’s securities gives short sellers, analysts, and financial journalists incentives to uncover and reveal information about misconduct the company commits. Securities regulation and standard contract provisions restrict the trading of private company securities, which undermines …

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Love

Articles

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

Generalized Creditors And Particularized Creditors: Against A Unified Theory Of Standing In Bankruptcy, David G. Carlson, Jeanne L. Schroeder

Articles

Courts have struggled toward a unified theory to explain when the trustee has exclusive jurisdiction to sue a third party for harms done to a bankrupt debtor, and when creditors have exclusive jurisdiction to sue the third party. Courts have proclaimed that when every creditor can sue the third party, then none of them can, and the right belongs solely to the trustee. Creditor rights are “generalized.” If only a proper subset of creditors can sue the third party, then the trustee is not able to subrogate to the subset. Such creditors are “particularized.” This paper proclaims the test a …

Appendix To "The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide", Lela P. Love

Articles

No abstract provided.

A Second Look For Children Sentenced To Die In Prison, Kathryn E. Miller

Articles

Scholars have championed “second look” statutes as a decarceral tool. Second look statutes allow certain incarcerated people to seek resentencing after having served a portion of their sentences. This Essay weighs the advantages and disadvantages of these statutes as applied to children sentenced to die in prison and argues that focusing on this small, discrete group may be a digestible entry point for more conservative states who fear widespread resentencing. Moreover, because early data indicates that children convicted of homicide and released as adults have very low recidivism rates, second look beneficiaries are likely to pose little threat to public …

Article 9 Foreclosures: When Is A Sale Not A Sale?, David G. Carlson

Articles

Article 9 of the Uniform Commercial Code empowers a secured creditor to sell collateral. This power is circumscribed. A secured party may not sell before default. A secured party cannot self-deal in a private sale. A pledgee of securities can sell to itself in a private sale if the securities are of a kind that is customarily sold on a recognized market, but the law is unclear what formalities the pledgee must meet to memorialize the sale. A secured party may not sell in a commercially reasonable manner to a buyer with notice of the commercial unreason. This article explores …

Whose Debt Is It Anyway?, Luís C. Calderón Gómez

Articles

Every year, companies issue hundreds of billions of dollars of debt with a feature carrying unclear tax consequences. So do individuals, who frequently tie their most significant financial asset to this type of instrument. Yet this instrument is not an exotic or innovative financial derivative, but is simple vanilla debt with two or more borrowers, or “co-obligated debt”. Co-obligated debt poses a conceptual problem for the law because it does not fit neatly into the simple and dyadic legal framework underlying the law’s conception of debt, where one creditor lends money to one borrower in exchange for a direct promise …

The Challenge Of Holding Big Business Accountable, Roy Shapira

Cardozo Law Review

In July 2021, a sweeping Executive Order committed the entire U.S. federal government to reining in big business. Dozens of proposed bills at the state level similarly target big business for stricter regulatory treatment. But unlike in past decades, today’s calls to break up and intensely regulate big business do not hinge on harms to consumers qua consumers. Instead, today’s anti-bigness sentiment rests to a large extent on the claim that big is bad because it is ungovernable. Giant corporations with market power treat legal requirements as mere recommendations, and routinely engage in behavior that harms our civil liberties and …

2022 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2022 issue of the CLIHHR Newsletter highlights the Institute’s advocacy, scholarship, and clinical work amid rising global and domestic human rights challenges. It features reflections on antisemitism, reproductive rights, and the war in Ukraine, faculty engagement in international legal forums, student fellowships addressing the Missing and Murdered Indigenous Peoples (MMIP) crisis, legal fellow spotlights, major public events on refugee law and gender-based crimes, and new staff appointments. The newsletter reflects CLIHHR’s commitment to accountability, survivor-centered justice, and atrocity prevention.

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 6, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

The Debate Surrounding The Company Purpose In The Post-Pandemic Age, Leon Anidjar

Cardozo International & Comparative Law Review

The recent COVID-19 pandemic crisis produced many creative responses to confront its adverse results. Many companies worldwide were required to adopt innovative thinking by altering their business activities and revising their entire supply chain by attracting different types of resources delivered by various stakeholders. This Article explores the implications of this fundamental change on central theoretical assumptions of corporate governance. It articulates a new stakeholders-resources theory that explores governance norms as part of the firm's quest for inputs required to generate a competitive advantage. It applies this analytical framework in the debate on corporate purpose. This Article argues that companies …

The Law And Finance Of Infrastructure Investment, Daisuke Asaoka

Cardozo International & Comparative Law Review

Institutional design facilitates the investment of private capital in infrastructure. The Article deals with concessions, which have been a major format for infrastructure privatization in Japan since their legislation in 2011. It argues that the Japanese government, faced with mounting public debt, walks a thin line between attracting private capital and securing public interest in infrastructure under private operation. By comparing concessions with stock sales, the mainstream form of privatization until the legislation, the Article shows that while concessions have advantages in terms of economics and public interest control, they may hinder the strategic growth of private enterprises by limiting …

Natural Resource Governance In Qing China: Lineage Institutions And The Making Of Common Property Regimes, Jason Jia-Xi Wu

Cardozo International & Comparative Law Review

Historically, common property is one of the dominant forms of ownership through which natural resources-e.g., forests, pastures, and fisheries-are managed. However, their decline across societies due to marketization and privatization has prompted intense debates. This Article seeks to answer the following questions: (1) Why did some common property regimes dissipate quickly, while others resisted the forces of privatization for generations? (2) What explains the divergent trajectories that societies took in governing common resources? Building on the classic Coasean and Demsetzian law-andeconomics principles, this Article highlights two additional dimensions-institutional capacity and social embeddedness of propertyto explain how "hidden" social costs impacted …