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Yeshiva University, Cardozo School of Law

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Full-Text Articles in Law

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk Sep 2025

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.


Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo Sep 2025

Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 26, Issue 3 (Summer 2025). The print edition of the issue has also been released.

Accessible at Volume 26.3: Summer 2025, this issue contains Articles by Michael Saini, Raheena Lalani Dahya, Shely Polak, Giuseppe De Palo, and Mary B. Trevor; and Notes by Molly Baraban, Adam Gaudet, and Cynthia Spitzer.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, …


Soundexchange V. Sirius Xm: A Battle On Two Fronts, Catherine Stagliano Sep 2025

Soundexchange V. Sirius Xm: A Battle On Two Fronts, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the United States, when an artist’s sound recording or track is played by a servicer like Pandora or satellite radio, a digital public performance royalty for the sound recording is collected by the organization, SoundExchange, or it may be negotiated between the parties via direct licenses. These non-terrestrial broadcast platforms perform in a non-interactive manner (i.e. the platform picks the tracks for the consumer to listen to) as opposed to in an interactive manner (i.e. listener picks the track) by a platform such as Spotify or Apple Music.


Wright V. Talamantes, Center For Rights And Justice Sep 2025

Wright V. Talamantes, Center For Rights And Justice

2025–2026 Flyers

Carolyn Kubitschek, Robert Mantel and Professor Alex Reinert will serves as moot judges for Michael Moore, an attorney who will be arguing an appeal in Wright v. Talamantes, a civil right case in the United States Courts of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.


Crj Moot: Wright V. Talamantes, Center For Rights And Justice, Benjamin N. Cardozo School Of Law Sep 2025

Crj Moot: Wright V. Talamantes, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2025 Event Invitations

Carolyn Kubitschek (founding partner, Lasner & Kubitschek), Robert Mantel (Crowell and Moring), and Professor Alex Reinert will serve as moot judges for Michael Moore (Law Offices of Michael Garth Moore), an attorney who will be arguing an appeal in Wright v. Talamantes, a civil rights case in the United States Court of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.


Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum Sep 2025

Recognizing And Reclaiming Indigenous Peoples’ Constitutional Land Rights In Brazil, Fernanda Frizzo Bragato, Jocelyn Getgen Kestenbaum

Book Chapters

In 2011, the Brazilian Government began dismantling the country’s robust framework for Indigenous land rights by enacting measures to deny Indigenous Peoples’ access to their ancestral lands. From 2019 to 2022, the government did not recognize or title a single hectare of Indigenous lands, despite more than 700 pending requests for demarcation (or formal designation and titling). A change in government and six land demarcations in 2023, however, show signs of a new era for Indigenous Peoples’ rights and relationship with the state. This chapter analyzes evolving Indigenous land rights pre- and post-constitutionalization in 1988, the result of intense political …


Cardozo Law News Brief: September 5, 2025, Benjamin N. Cardozo School Of Law Sep 2025

Cardozo Law News Brief: September 5, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the arrival of Cardozo’s newest J.D. and LL.M. students, welcomed by Dean Melanie Leslie with words of encouragement to embrace their journey with joy and purpose. It also features the return of former professor Michelle Adams for a Floersheimer Center book talk on her new work The Containment. In the media, Professor Peter Markowitz spoke to amNewYork about Cardozo’s new Center for Immigration Innovation, Professor Jessica Roth appeared on PBS NewsHour to discuss the $500 million civil fraud penalty against Donald Trump, Professor Sam Weinstein commented to The Washington Post on the Google …


Cardozo Welcomes Newest Class Of J.D., Ll.M. Students, Benjamin N. Cardozo School Of Law Sep 2025

Cardozo Welcomes Newest Class Of J.D., Ll.M. Students, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo opened the new school year by welcoming the J.D. Class of 2028 and the LL.M. Class of 2026. The 1L students come from 36 states and from across the globe, including Albania, China, Israel, Italy, and South Korea.


Navigating 1l First-Gen Professional Office Hours, Cardozo Women's Law Initiative Aug 2025

Navigating 1l First-Gen Professional Office Hours, Cardozo Women's Law Initiative

2025–2026 Flyers

Please join us for an informal office hour for an opportunity to connect with 2lL & 3L first generation professionals/law students. This is a casual event where 1L first gen students/profession are are encouraged to ask questions and gain insight from those who have navigated the legal field without a blueprint.


Music Executives From Universal Music Group Speak To Cardozo’S Entertainment Law Society, Ansley Henderson Aug 2025

Music Executives From Universal Music Group Speak To Cardozo’S Entertainment Law Society, Ansley Henderson

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Thursday, August 21, 2025, Cardozo’s Entertainment Law Society hosted a panel discussion with Jermaine “Maine” Maxwell (A&R at Def Jam, Universal Music Group), Shaniqua “Haarlem” Branch (VP of A&R at Republic Records, Universal Music Group), Trevor Casson (Senior Director Business & Legal Affairs at Universal Music Group for the East Coast labels), and Rachel Landy (Cardozo Professor with over a decade of experience in the music industry). The panel was moderated by Brennan Gerspach (Entertainment Law Society Music Co-Chair, Class of 2027). The event was promoted to students as, “From Studio to Statute: Navigating Creativity, Innovation, and Law …


Cardozo Law News Brief: August 22, 2025, Benjamin N. Cardozo School Of Law Aug 2025

Cardozo Law News Brief: August 22, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the launch of the National Immigration Habeas Institute as part of Cardozo’s new Center for Immigration Innovation, along with the introduction of a new online Master’s in Labor and Employment Law for non-lawyers. Faculty in the media include Professor Jessica Roth on CNN’s AC360 discussing the Jeffrey Epstein case, Professor Lindsay Nash in Bloomberg Law on the growing demand for immigration courses, Professor Wilfred Codrington III in the National Law Journal on challenges to the Voting Rights Act, Professor Saurabh Vishnubhakat in Bloomberg Law on a major copyright lawsuit, Professor Edward Zelinsky in Bloomberg …


Cardozo Law Launches The National Immigration Habeas Institute, As Part Of Its New Center For Immigration Innovation, National Immigration Habeas Institute, Center For Immigration Innovation Aug 2025

Cardozo Law Launches The National Immigration Habeas Institute, As Part Of Its New Center For Immigration Innovation, National Immigration Habeas Institute, Center For Immigration Innovation

Cardozo Law News Archive

Cardozo School of Law has launched the Center for Immigration Innovation, which will serve as a hub for immigration-related initiatives, including the new National Immigration Habeas Institute (NIHI). A partnership with the National Immigration Litigation Alliance, NIHI will train attorneys to litigate federal habeas petitions—an increasingly critical tool to protect noncitizens facing detention or deportation. The Center will also house the Kathryn O. Greenberg Immigration Justice Clinic and a new Immigration Research Institute, which will host scholarship workshops, speaker series, and service-learning trips. Co-Directors Peter Markowitz and Lindsay Nash emphasized that the Center will strengthen advocacy, scholarship, and hands-on training …


From Studio To Statute: Navigating Creativity, Innovation, And Law In The Music Industry, Cardozo Entertainment Law Society, Cardozo Fame Center Aug 2025

From Studio To Statute: Navigating Creativity, Innovation, And Law In The Music Industry, Cardozo Entertainment Law Society, Cardozo Fame Center

2025–2026 Flyers

No abstract provided.


Cardozo School Of Law And Yu Global Launch Online Master’S In Labor And Employment Law For Non-Lawyers, Benjamin N. Cardozo School Of Law Aug 2025

Cardozo School Of Law And Yu Global Launch Online Master’S In Labor And Employment Law For Non-Lawyers, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law, in partnership with YU Global, has launched a fully online Master of Studies in Law (MSL) in Labor and Employment Law designed for non-lawyers in fields such as HR, compliance, and management. The 30-credit program equips professionals with legal knowledge to strengthen compliance and advance their careers, offering flexible online coursework taught by leading New York City scholars and practitioners. With a focus on real-world application, the curriculum covers topics such as employment discrimination, workplace investigations, and social media/privacy issues. Dean Melanie Leslie and Dr. Danielle Wozniak emphasized the program’s value in providing professionals with a …


Jefferson Et Al. Reply, Osmat Jefferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai Aug 2025

Jefferson Et Al. Reply, Osmat Jefferson, W. Nicholson Price Ii, S. Sean Tu, Saurabh Vishnubhakat, Arti K. Rai

Articles

Notwithstanding Amgen’s strenuous objections, the core premise of our article should be uncontroversial to most policy analysts: biosimilar firms that simply want to manufacture an originator biologic in the manner it was manufactured at the time of US Food and Drug Administration (FDA) approval should be able to enter the market expeditiously once valid manufacturing (and other valid patents) that legitimately cover the ‘at approval’ biologic have expired. Our core premise relies on the widely accepted values of patent validity and notice. Instead of expensive litigation discovery fights over such ‘at approval’ issues, of the sort Amgen itself has spearheaded …


August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law Aug 2025

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.


Cardozo Law News Brief: August 1, 2025, Benjamin N. Cardozo School Of Law Aug 2025

Cardozo Law News Brief: August 1, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the expansion of Cardozo’s Criminal Defense Clinic to address the lack of representation for those on death row, with Professor Kathryn Miller emphasizing the need for specialized counsel in capital cases. Faculty in the media include Professor Peter Markowitz in Gothamist on Trump’s efforts to end New York City’s sanctuary laws, Professor Rachel Landy in Variety urging state reform of the ticketing industry, Professor Wilfred Codrington III in The Hill on Republican efforts to weaken the Voting Rights Act, Professor Lindsay Nash in the Associated Press on ICE subpoenas, Professor Michael Pollack in Houston …


Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur Aug 2025

Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur

Articles

Americans work harder than their counterparts in many other advanced economies. While many predicted that technological progress would eventually make work obsolete, Americans continue to pull long hours. Although stories of worker burnout and “quiet quitting” suggest that this situation is not a good fit for everyone, any problems are largely invisible to the conceptual frameworks that dominate the analysis of law. These frameworks normally assume the goal of maximizing production and often treat the human preference for leisure as a problem to be solved. This Article analyzes the problem of overwork. In doing so, it surfaces legal and policy …


Cardozo School Of Law Expands Its Criminal Defense Clinic To Address The Lack Of Representation Available To Individuals On Death Row Amid Increase In Cases, Death Penalty And Criminal Defense Clinic Jul 2025

Cardozo School Of Law Expands Its Criminal Defense Clinic To Address The Lack Of Representation Available To Individuals On Death Row Amid Increase In Cases, Death Penalty And Criminal Defense Clinic

Cardozo Law News Archive

Cardozo announced the expansion of its Criminal Defense Clinic, now renamed the Death Penalty and Criminal Defense Clinic (DPCDC), to address the growing lack of representation for individuals on death row amid rising executions in the U.S. The clinic will provide students with specialized training in capital defense while continuing its long-standing work with the Legal Aid Society in New York City. Students will now also travel to southern states to investigate and draft post-conviction claims for death row clients. Co-directed by Professors Kathryn Miller and Jonathan Oberman, the clinic offers hands-on experience in high-stakes litigation and reflects Cardozo’s commitment …


Deepfakes Deconstructed, Jacob Noti-Victor Jul 2025

Deepfakes Deconstructed, Jacob Noti-Victor

Articles

With the rapid advancement of photorealistic generative Al technology, the problem of sexually explicit deepfakes has grown more urgent than ever. Thanks to widely available Al systems, users can now easily create images that appear to depict real people engaging in sexual acts. Not only have Taylor Swift and other celebrities been targeted, but deepfakes are also now alarmingly prevalent in American schools.


Cardozo Law News Brief: July 11, 2025, Benjamin N. Cardozo School Of Law Jul 2025

Cardozo Law News Brief: July 11, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the school’s 10th annual Pride Brunch, where students and alumni gathered to celebrate Cardozo’s LGBTQ+ community while watching the NYC Pride March. It also features a major Immigration Justice Clinic court victory advancing transparency in ICE procedures, with students playing a central role in the case. In the media, Professor Jacob Noti-Victor spoke to WIRED about Meta’s win in a landmark AI copyright case, and Professor Haiyun Damon-Feng was quoted in Law360 on the Supreme Court’s decision limiting universal injunctions. Additional scholarship news includes Professors Matthew Wansley and Samuel Weinstein’s co-authored article No Exit …


Staff Development Day 2025: Topics On Jewish Law & Culture, Ellen Drucker-Albert Jul 2025

Staff Development Day 2025: Topics On Jewish Law & Culture, Ellen Drucker-Albert

Library Staff Presentations

This presentation was delivered by Ellen Drucker-Albert, Head of Reference & Faculty Services, during Staff Development Day 2025 at the Benjamin N. Cardozo School of Law. It explores key aspects of Jewish law and culture, including the sources and development of Halacha, intersections with U.S. civil law, Jewish holidays and food customs, denominations of Judaism, and symbols like the mezuzah.


Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic Jul 2025

Immigration Justice Clinic Students Secure Major Court Victory In Ice Transparency Case, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo Law News Archive

Students in the Kathryn O. Greenberg Immigration Justice Clinic secured a major legal victory in federal court, advancing transparency around the treatment of Black immigrants in detention. In a Freedom of Information Act (FOIA) case filed in the Eastern District of New York, the court granted the clinic’s motion for partial summary judgment, compelling ICE to release key demographic data linked to records of abuse and misconduct. The successful motion was drafted by recent graduates Rob Cook ’25, Keisy Germosen ’25, and Stacy Moses ’25, under the supervision of Teaching Fellow Ellie Norton, marking an important step in government accountability.


Cardozo Celebrates Pride With 10th Annual Pride Brunch, Benjamin N. Cardozo School Of Law Jul 2025

Cardozo Celebrates Pride With 10th Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo celebrated the 10th Annual Pride Brunch on June 29, bringing together students and alumni in the Ruth & H. Bert Mack Pavilion to watch the NYC Pride March. Hosted by the Alumni Association and OUTlaw Alumni Group, the event honored the school’s vibrant LGBTQ+ community and marked the 10th anniversary of Obergefell v. Hodges. Proceeds supported the Paris Baldacci Scholarship, which benefits students advancing LGBTQ+ rights through clinics, externships, or activism, honoring the legacy of the late professor and his groundbreaking advocacy.


Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra Jul 2025

Ben Ferencz’S Pioneering Transitional Justice Legacy, Including And Beyond Accountability, Federica D'Alessandra

Cardozo International & Comparative Law Review

The article argues that Benjamin Ferencz was a foundational figure in the field of transitional justice, extending beyond his recognized contributions to international criminal justice. His work laid the groundwork for the four pillars of transitional justice: truth, accountability, reparation/restitution, and memorialization. Ferencz’s efforts in investigating war crimes, prosecuting perpetrators, advocating for victim-centered justice, and preserving historical records demonstrate his pivotal role in shaping modern transitional justice frameworks.


Digital Danger For People With Visual Disabilities: Online Adhesion Contracts And The Lack Of Web Accessibility Standards, Narmina Aliyev Jul 2025

Digital Danger For People With Visual Disabilities: Online Adhesion Contracts And The Lack Of Web Accessibility Standards, Narmina Aliyev

Cardozo Law Review

Since Title III of the American with Disabilities Act was enacted, the landscape of where people with disabilities may experience discrimination has grown even larger. With the digital world expanding rapidly, people with visual disabilities face unique dangers presented by inaccessible websites and the lack of federal web accessibility standards. While courts across the nation scatter to find balance in protecting the rights of people with disabilities without overburdening businesses, Congress’s failure to legislate web accessibility standards, and the Department of Justice’s ineffective enforcement mechanisms propel misunderstanding and confusion among those affected by this legal gap. Specifically, the growing presence …


Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3 Jul 2025

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 8, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.


Benjamin Ferencz In The Cold War, Noah Weisbord Jul 2025

Benjamin Ferencz In The Cold War, Noah Weisbord

Cardozo International & Comparative Law Review

The article explores Benjamin Ferencz's advocacy for international law and his role in shaping the legal frameworks of the post-World War II era, particularly his efforts to define aggression and establish the International Criminal Court. It contrasts Ferencz's idealism with the pragmatic approaches of Henry Kissinger and the diplomatic strategies of Dag Hammarskjold, highlighting the challenges of the Cold War international order and its failure to address individual threats, exemplified by A.Q. Khan's nuclear proliferation.


Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan Jul 2025

Furthering The Legacy Of Benjamin B. Ferencz: Amending The Rome Statute’S Jurisdiction Over The Crime Of Aggression, Jennifer Trahan

Cardozo International & Comparative Law Review

The article advocates for amending the Rome Statute to strengthen the International Criminal Court's (ICC) jurisdiction over the crime of aggression. It argues that the current jurisdictional regime, established by the 2010 Kampala amendments, is too limited, creating double standards and undermining the rule of law. The author calls for harmonizing the ICC's jurisdiction over the crime of aggression with its jurisdiction over other crimes, such as genocide and war crimes, to ensure consistent and universal accountability.


The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin Jul 2025

The Unique Function Of The Crime Against Humanity Of Other Inhumane Acts In The Progressive Development And Codification Of International Criminal Law, David Donat Cattin

Cardozo International & Comparative Law Review

The article explores the evolution and role of "other inhumane acts" as a residual category within the definition of crimes against humanity, tracing its development from the Nuremberg trials through the Rome Statute of the International Criminal Court (ICC). It highlights the potential of this category to adapt to new forms of atrocities and discusses the challenges and opportunities in aligning future treaty developments with existing legal frameworks.