Law Commons^™

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …

Panel And Discussion, Kyle Cohen, Heidi Kitrosser, Kate Klonick, Christina Koningisor, Jess Miers, Saurabh Vishnubhakat

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Hidden Cost Of Prescription Drug Discount Programs And The Lack Of Legal Protections To Protect Consumers, Gina Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Navigating The Double Helix: Patent Law, Bioethics, And The Regulatory Future Of Gene Editing, Kayla Flanders

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Sound Of The Police: Police Radio Encryption And Freedom Of The Press, Toluwanimi Fajolu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

'This Little Game:' Holding Social Media Platforms Liable For Their Hand In Securities Fraud Through Section 230 Reform, Casey Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Making The Law Work: Protecting Classical Ballet Choreographers' Artistic Legacies Through Copyright And Estates Laws, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Quantum Ai And The Future Of Corporate Law, Michael R. Siebecker

Cardozo Law Review

As quantum computing and AI surge toward mainstream adoption, how corporate directors satisfy their duties of care and oversight requires some fiduciary recalibration. The current fiduciary framework that allows directors to escape liability absent “gross negligence” or “utter failure” in oversight may no longer be defensible in a world where advanced analytics offer unprecedented capacity to model, monitor, and foresee significant corporate risks. Behavioral economics makes clear that humans (including corporate managers) remain vulnerable to a variety of biases and heuristics shortcuts in decision making. Technological evolution provides the means to correct such cognitive distortions if boards take an active …

2025 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Top News & Events, page 3

Alumni News, page 15

50 Years of Daring to Illuminate, page 18

A Fearless, Undaunted Approach to Building a New Law School, page 26

50 Years of Daring to Innovate, page 42

Faculty in the Media, page 66

Faculty Scholarship, page 70

Retirements, page 76

Student Briefs, page 79

Alumni Signature Events, page 83

Classnotes, page 87

Cardozo in a Word, page 92

Widening The Avenues For Rehabilitation And Release In The Criminal Legal System Through A Revision Of The First Step Act's Safety Valve Provision In Response To Pulsifer, Drew Svensson

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Supreme Court's decision in Pulsifer v. United States severely undermines the First Step Act by restrictively interpreting the safety valve provision, thereby limiting judicial discretion and increasing incarceration. To remedy this, the note proposes legislative revisions to the safety valve to expand eligibility for relief from mandatory minimums while maintaining public safety.

Hidden In Code: Unmasking Al Bias In Hiring, Katie Rubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that while AI-driven hiring tools offer efficiency, they often automate and amplify systemic biases by relying on flawed historical data, creating a "hidden" form of discrimination. The analysis asserts that existing legal frameworks are inadequate for addressing these algorithmic harms, necessitating urgent federal reforms to ensure transparency and accountability.

Beyond Sports: Recognizing College-Athletes As Employees In The Pursuit Of Fairness, Hannah Cohen

Cardozo Journal of Equal Rights & Social Justice

The note argues that student-athletes should be legally classified as employees under the Fair Labor Standards Act (FLSA) because the traditional amateurism model no longer reflects the economic realities of modern collegiate sports. By applying established legal tests, the analysis asserts that recognizing this employment status is essential to ensuring social justice, fundamental fairness, and basic workplace protections for athletes.

Race Conscious Programs After Students For Fair Admissions, Seonwoo Kim

Cardozo Journal of Equal Rights & Social Justice

The note argues that the federal government can legally mitigate geographical segregation and economic oppression by implementing race-conscious infrastructure and procurement policies. It contends that such efforts remain a compelling state interest under the strict scrutiny standards established in Students for Fair Admissions (SFFA), provided they are designed to remedy specific, identifiable past government discrimination.

Bankruptcy Preemption Of Malicious Prosecution Actions: Cogan V. Trabucco, Alyssa Knecht

Cardozo Law Review de•novo

This Note examines jurisdiction over state torts that arise during a bankruptcy proceeding. Recently, the Ninth Circuit permitted a collateral attack on a state court judgment regarding malicious prosecution in Cogan v. Trabucco. The Ninth Circuit held that federal courts have exclusive jurisdiction over malicious prosecution actions and that abuse of process state torts are completely preempted by federal law. This decision left the debtor without any redress and divested state courts of jurisdiction over cases under its own tort law. This Note argues the Ninth Circuit, in Cogan, erroneously made “related to” jurisdiction exclusive and incorrectly held that federal …

Should I Have Held Your Hand Or Can You Hold Your Own?: The Growing Confusion Over The Copyright Powers Songwriters Maintain Over Their Works, Mark Galinovsky

Cardozo Law Review de•novo

As online streaming and digital downloads continue to dominate the music business, songwriters are increasingly left to fight each other for tiny cuts of the profits. Additionally, a lack of consistent judicial rules and standards when adjudicating copyright infringement claims make litigation results uncertain, causing even potentially victorious defendants to agree to expensive settlements and frivolous grants of songwriting credits. This Note argues that in order to protect the future creative output of the music industry, judges and legislators should prioritize the dwindling power songwriters have over control of their original works of authorship.

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Cardozo Law Review

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

Rivers Of Sovereignty: The Epa’S New Water Quality Standards Rule As A Potential Channel For Revitalizing Tribal Reserved Water Rights, Mostyn Josty

Cardozo Law Review

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 44 (2026)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin J. Milczarek-Desai, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question andfinds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product's patent status conveys little information about whether it is superior to competing offerings. The results hold …

Spotify's Bundle Battle: Uncovering The Flaws Of The Music Modernization Act And The Struggle For Fair Royalties In The Streaming Era, Jessica Jilla

Cardozo Arts & Entertainment Law Journal

The note argues that Section 115 of the Music Modernization Act (MMA) is fundamentally flawed and fails to protect songwriters and publishers from systemic inefficiencies and exploitation. It contends that the current framework is too rigid to address emerging digital business models, necessitating a hybrid restructuring of the Mechanical Licensing Collective (MLC) and the statutory licensing system to ensure equitable compensation.

Stop The Work Stoppages: A Mixed-Mode Dispute Resolution Process To Prevent An Nba Lockout Or Strike, Kyle Cohen

Cardozo Arts & Entertainment Law Journal

The note argues that the NBA and NBPA should incorporate a mixed-mode dispute resolution clause—specifically a "neg-med-arb" (negotiation-mediation-arbitration) process—into future collective bargaining agreements (CBAs). By transitioning from negotiation to mediation and finally to binding arbitration, the league can ensure a successor agreement is reached in time to prevent lockouts or strikes that disrupt the season.

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Shifting Economics Of Influencer Sponsorship Disclosures, Uri Y. Hacohen

Cardozo Arts & Entertainment Law Journal

Conventional wisdom holds that disclosing influencer sponsorship diminishes advertising's effectiveness by triggering consumer skepticism. Responding to this perceived transparency gap, regulators have adopted mandatory disclosure regimes to address a perceived market failure: the divergence between private commercial incentives and the public interest in transparency. This Article challenges that assumption. Drawing on a large-scale social media experiment (N=600), it demonstrates that disclosures not only increase consumers' recognition of advertising but also improve their attitudes toward both influencers and brands, while significantly boosting their willingness to share promotional content. These empirical results are further supported by a comprehensive synthesis of the emerging …

Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …

Dancing On The Edge Of Copyright: Why Copyright Law Should Protect Short Dance Routines, Tianai Song

Cardozo Arts & Entertainment Law Journal

The note argues that the Copyright Act should be amended to extend legal protection to short dance routines, regardless of their complexity or duration. This expansion aims to prevent the unauthorized appropriation of distinctive movements and ensure that creators, particularly those from Black and marginalized communities, are fairly recognized and compensated.

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Power Play: The Battle For Copyright Control In Emulation, Ryan Borja

Cardozo Arts & Entertainment Law Journal

The note argues that the current legal framework prioritizes commercial interests and developer rights over the preservation of older video games. To reconcile the tension between copyright protection and the public interest in cultural preservation, the analysis proposes legislative solutions such as compulsory licensing schemes or the creation of a dedicated federal preservation agency.

Some Respect Reserved? Survey Experiment Insights On The Perception Of Creative Commons And Copyright Infringement, Thomas H. Rousse

Cardozo Arts & Entertainment Law Journal

Since its inception, Creative Commons has introduced new ways for creators to grant licenses to the public without cost or the need for negotiation by breaking up rights provided by copyright and making a subset of those rights available to anyone willing to abide by the conditions of the license. Its widespread adoption has democratized open licensing for creators beyond the software context these licenses originated within. Although the success of Creative Commons as a community is plain, relatively little information is available about its perception by the general public. Aggressive litigation by Creative Commons licensors has put the organization …

Beyond The Rings: Housing Inequalities In Olympic Host Cities, Audrey Hansen

Cardozo Arts & Entertainment Law Journal

The note argues that hosting the Olympic Games consistently leads host cities to violate their citizens' right to adequate housing through displacement, gentrification, and the criminalization of homelessness. By analyzing historical patterns and current preparations for the 2028 Los Angeles Games, the analysis contends that the traditional single-city hosting model is unsustainable and harmful.