Law Commons^™

Exceptions To The International Customary Law Rule On Head Of State Immunity Under International Criminal Law, Daniel D. Ntanda Nsereko

Cardozo International & Comparative Law Review

The article examines the tension between head of state immunity and the pursuit of justice in international criminal law. It argues that while some nations and regional bodies, like the African Union, assert immunity for heads of state, international institutions such as the International Criminal Court (ICC) reject this principle, emphasizing the rule of law and accountability. The ICC's jurisdiction, particularly through UN Security Council referrals, overrides state consent, challenging traditional notions of immunity. The article posits that states must adhere to their treaty obligations, such as the Rome Statute, and cannot unilaterally opt out for political expediency, reinforcing the …

No More Mixed Message, Missing Money: Revisiting The Birth Of Icl’S Victim Restoration-Reparations Regime To Conceptualize Its Modern Reform, Gregory S. Gordon

Cardozo International & Comparative Law Review

The article argues that the International Criminal Court's (ICC) system for victim reparations is fundamentally flawed due to mission dissonance between its punitive and restorative goals, insufficient funding, and procedural limitations. It proposes the creation of an independent Atrocity Victim Reparations Tribunal (AVRT) under the UN to address these issues, ensuring more effective and victim-centered reparations.

From One Stolen Generation To Another: Replicating Trevorrow In American Courts, Jennifer Grubman

Cardozo International & Comparative Law Review

The note examines the historical injustices of Indian boarding schools in the United States and argues that survivors may assert fiduciary duty claims under the Indian Tucker Act to seek redress for the government’s mismanagement of tribal funds and the cultural trauma caused by these institutions. It critiques the lack of a nationwide reparations scheme and highlights the challenges posed by the statute of limitations in pursuing legal remedies. The analysis draws parallels to the Stolen Generations in Australia and emphasizes the need for a multifaceted approach to address the intergenerational harm inflicted by these policies.

Don’T Let History Repeat Itself: What The Western Sahara Conflict Can Learn From The Israeli-Palestinian Conflict, Jack Berroug

Cardozo International & Comparative Law Review

The note examines the ongoing conflict over Western Sahara, focusing on Morocco's claims of sovereignty and the international legal framework upholding the Sahrawi people's right to self-determination. It critiques Morocco's historical arguments and advocates for increased U.N. intervention to prevent escalation, while also suggesting political compromises, such as Morocco's autonomy plan, to resolve the dispute.

Bodies Are Not Battlegrounds: Sexual And Gender-Based Violence As A War Tactic: A Ukrainian Case Study, Marina Coriale

Cardozo International & Comparative Law Review

The note examines the use of sexual and gender-based violence (SGBV) as a weapon of war, with a focus on conflict-related sexual violence (CRSV) in Ukraine. It highlights the legal frameworks and precedents established by international courts and tribunals, such as the Rome Statute, the ICTY, and ICTR, to prosecute CRSV as war crimes, crimes against humanity, and genocide. The analysis underscores the challenges faced by survivors in seeking justice and the importance of addressing root causes like gender inequality. It advocates for strengthened legal mechanisms, accountability, and reparations to promote healing and deter future atrocities.

Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo’S Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa Marque Heydari

Cardozo Law Review

This Article summarizes findings from a civil liberties evaluation of Truleo, an AI-powered analytics platform designed to automate the review of police body-worn camera (BWC) footage. It includes a summary of how Truleo’s platform works, policy choices made by the company, and our assessment of safeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These include the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform’s design and operation. …

Resolving The Class Action Paradox, Alissa Del Riego, Joseph J. Avery

Cardozo Law Review

A paradox exists at the core of class actions. They were designed to perform a valuable function, protecting and compensating individuals who would not otherwise have legal recourse, yet in practice they have effectively silenced and disenfranchised class members, leaving them unaware and uninformed of litigation commenced on their behalf, the nature of their potential claims, and the damages they may seek. In this Article, we take three significant steps toward resolving the class action paradox. First, we unpack recent scholarship that led to the introduction of “representational notice,” a mechanism that leverages advances in technology and the social sciences …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 6

Cardozo Law Review

No abstract provided.

Burying The Burden: A Sovereign’S Duty Of Investigation Post-Republic Of Turkey V. Christie’S Inc., Caitlin H. French

Cardozo Law Review

This Note explores the intersection of cultural heritage law and U.S. property law through the lens of Republic of Turkey v. Christie’s Inc., a significant case involving the contested ownership of the ancient Anatolian “Stargazer” figurine. The Note explores how longstanding doctrines of property and the equitable defense of laches interact with international legal frameworks and patrimony laws aimed at preserving cultural heritage material. The case underscores tensions between cultural nationalism and internationalism, sovereign ownership claims under foreign patrimony laws, and the protections afforded to good-faith purchasers under U.S. law. The Note identifies two key legal issues at play: (1) …

Necessary Justice: “Political” Trials And Modern Political Philosophy, Rob Howse

Cardozo Law Review

Donald Trump’s election to President of the United States for the second time in November 2024 marked the beginning of the end of a sustained effort to hold him accountable in court for conduct that many Americans viewed as criminal.[1] Trump received not only the majority of Electoral College votes but a decisive plurality of the popular vote as well.[2] At the time of the election, he had already been convicted of thirty-four felonies surrounding a complex fraud to hide the use of campaign funds for hush money to an adult film actor.[3] Prior to this conviction, the decisions of …

The Collision Course Between Outdated State Laws And Automated Vehicles, Wililam Hubbard, Colin Starger

Cardozo Law Review

America stands at the precipice of a vehicular revolution. Myriads of self-driving vehicles—often referred to as “automated vehicles” or “AVs”—are already rolling out across the nation, and innovators assert that AVs will make our roads safer, less congested, and more economically productive. However, reaching these dreams of self-driving utopias will require more than just technological progress. The uses of traditional vehicles are heavily regulated by hundreds of thousands of state laws that ensure public safety, health, and order. Will these traditional laws still make sense when AVs shift the paradigm? Despite the hype and optimism of many AV advocates, this …

The Good Lawyers Of January 6, W. Bradley Wendel

Cardozo Law Review

Much of the response by the community of legal ethics and professional responsibility scholars to the 2020 presidential election has been focused on the wrongs committed by lawyers like John Eastman, Jeffrey Clark, and Kenneth Chesebro, who created the alternate elector scheme to throw the decision regarding the election to the House of Representatives. Yet there was a group of lawyers, that I will refer to as “the good lawyers of January 6,” who forcefully and unequivocally opposed this plan, refused to cooperate in its execution, advised Vice President Mike Pence that it was not legally supportable, and in some …

Ethics Accountability: The Next Era For Lawyers And Judges, Renee Knake Jefferson

Cardozo Law Review

Five decades ago, United States Supreme Court Chief Justice Earl Warren delivered remarks that sound like they were written in the early 2020s: [O]ur profession has recently suffered greatly because a score of lawyers has been convicted or indicted for felonious conduct in the performance of their official duties in the highest reaches of our national government. . . . Their alleged criminal offenses pertain to serious violations of our system of justice and to the performance of basic functions of government. The inner sanctum of the White House has been tarnished, and the end of the debacle is not …

Defending U.S. Citizenship-Based Taxation In Theory And In Practice: An Essay On Fiscal Citizenship In A Fatca World, Edward A. Zelinsky

Cardozo Law Review

For some Americans, a surprising aspect of the saga of Meghan Markle, also known as the Duchess of Sussex, was learning that, as a U.S. citizen living in the United Kingdom, the Duchess was obligated to pay U.S. income taxes on her worldwide income.[1] President Donald Trump has echoed concerns raised in this controversy about the United States’ worldwide income taxation of its citizens living abroad. In particular, during his 2024 presidential campaign, President Trump called for “ending the double taxation of overseas Americans.”[2] I found myself drawn into this debate about the United States’ citizenship-based taxation by virtue of …

When Money Isn't Money: The Second Circuit's Gutting Of The Discharge-For-Value Defense For Erroneous Payments, Jeanne L. Schroeder

Articles

No abstract provided.

The Safe Harbor For Leveraged Buyouts In Bankruptcy, David G. Carlson

Articles

No abstract provided.

Cardozo Law News Brief: June 27, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the election of 33 members of the Class of 2025 to the Order of the Coif, recognizing their academic excellence. Faculty in the media include Professor Alexander Reinert in Bloomberg Law on the Supreme Court’s decision upholding Tennessee’s ban on gender-affirming care for minors, Professor Anthony Sebok in Law360 on the Senate’s proposed litigation finance tax, Professor Sam Weinstein in the Wall Street Journal and NPR on antitrust issues involving X and Google, Professor Lindsay Nash on NPR discussing ICE’s unprecedented subpoenas to states, and Professor Matthew Wansley in The New York Times on …

Taxing Litigation Finance, Young Ran (Christine) Kim

Articles

The emerging litigation finance industry has the capacity to expand access to justice but also raises important legal and ethical questions. Although much has been said about the industry’s potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. The problem arises in classifying litigation finance contracts as either a nonrecourse loan, immediate sale, or variable prepaid forward contract, all of which discretely impact the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw …

The Hollywood Reporter Names Four Cardozo Alumni To Top Entertainment Attorney Lists, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Four Cardozo alumni were recognized by The Hollywood Reporter in its 2025 lists of top entertainment attorneys. Sasha Levites ’11 and Rachel Strom ’06 were named among New York’s Biggest Entertainment Attorneys, while Marc H. Simon ’01 and Gregory Slewett ’02 were included in Hollywood’s Top 100 Attorneys. Their achievements highlight Cardozo’s national strength in Intellectual Property and Entertainment Law, with alumni shaping major film, television, media, and digital industries.

Cardozo Law News Brief, June 13, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

This Cardozo Law News Brief highlights the 47th Commencement, where Dean Melanie Leslie reminded the Class of 2025 of their duty to uphold the Constitution, and the pre-Commencement Awards Ceremony celebrating outstanding student achievements. It also announces the appointment of three new members to the Board of Overseers and features Rachel Strom ’06 joining a special edition of the SPARKS podcast with Deans Leslie and Grand. In the media, Professor Peter Markowitz spoke to PIX11 about ICE’s proposed office on Rikers Island, Professor Lindsay Nash spoke to WBUR on ICE’s use of warrantless arrests, Professor Michael Pollack was quoted in …

Cardozo Welcomes Three New Members To Board Of Overseers, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo recently welcomed three new members to its Board of Overseers: Parvin Aminolroaya ’08, John Elefterakis ’09, and Stephanie Knepper Basman ’08. Each brings extensive professional expertise and a strong commitment to advancing Cardozo’s mission of legal excellence, leadership, and service. Aminolroaya is a partner at Seeger Weiss LLP with major experience in mass tort and class action litigation. Elefterakis, founding partner of Elefterakis, Elefterakis & Panek, is a nationally recognized litigator and civil rights advocate. Knepper Basman, counsel and principal at SKA Marin, is a leader in affordable housing development and active in civic and community organizations.

Class Of 2025 Graduates Elected To Order Of The Coif, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law proudly announced that 33 members of the Class of 2025 were elected to the Order of the Coif, the national honorary society that recognizes outstanding academic achievement in legal education. Membership is awarded to students who attain a high level of scholarship and to legal professionals who achieve distinction as lawyers, judges, or teachers. This honor reflects the graduates’ exceptional academic accomplishments and commitment to excellence in the law.

Cardozo Celebrates The Class Of 2025 At 47th Commencement, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

On June 4, 2025, Cardozo celebrated its 47th Commencement at Lincoln Center’s David Geffen Hall, conferring degrees on 304 J.D. graduates and 83 LL.M. graduates. Dean Melanie Leslie ’91 reminded students of their responsibility to uphold the Constitution, while keynote speaker Hon. Caitlin J. Halligan urged them to pursue meaningful paths in the law. Student speakers Koral Bahat, Denise Pasi, and Talia Raoufpur reflected on resilience, diversity, and community. Yeshiva University President Rabbi Dr. Ari Berman encouraged graduates to lead with integrity and purpose.

The ceremony also honored faculty and administrators with awards for excellence in teaching, service, and student …

2025 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, PhD, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks:

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address:

Hon. Caitlin Halligan, Associate Judge of the Court of Appeals

Student Remarks:

Koral Bahat and Denise Pasi, LL.M. Class Speakers, Class of 2025

Talia N. Raoufpur, J.D. Class Speaker, …

The Class Of 2025’S Achievements Celebrated At Pre-Commencement Awards Ceremony, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Class of 2025 was honored at Cardozo’s annual Pre-Commencement Awards Ceremony, celebrating student excellence both in and beyond the classroom. Highlights included the Cardozo Service and Achievement Awards, the Professor John Appel Award for exemplary service, and recognition of outstanding written work across civil advocacy, criminal justice, and publication. Numerous students received distinctions such as the Jacob Burns Medals for editorial leadership, the Stanley H. Beckerman Public Interest Award, and honors in fields like constitutional law, intellectual property, ethics, and public interest. The ceremony showcased the exceptional achievements and dedication of Cardozo’s graduating class

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

Articles

Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …

What Are “Wartime Authorities” And When Can The President Use Them? An Expert Q&A, Tess Bridgeman, Rebecca Ingber, Scott Roehm

Online Publications

The first several months of President Donald Trump’s second administration have been marred by the chaotic and often unlawful use, or threatened use, of wartime and terrorism-related authorities for what are essentially domestic immigration or criminal law enforcement purposes. This is not the first time a president has sought to push the boundaries of his wartime powers, or outright claimed those he did not have, but it may well be the most extreme. Indeed, Trump’s reliance on wartime authorities in contexts entirely divorced from armed conflict, or even the threat of force against the United States, puts the country on …

2024-2025 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The Heyman Center FY25 Report highlights the Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo School of Law, detailing its 2024–2025 programs in business and corporate law. It showcases events with leading scholars and practitioners, a wide curriculum with clinics and specialized programs, the selective Heyman Scholars Program, and the leadership of Executive Director Fabian Eichentopf alongside faculty directors and affiliated professors, emphasizing the Center’s role in shaping ethical business attorneys and future leaders.

The Right To Exit Religion, Zalman Rothschild

Articles

This Article argues that just over fifty years ago, in Wisconsin v. Yoder, the Supreme Court recognized what might be called a right to exit religion. In this decision, the Court expressed appreciation for preserving insular religious communities, while simultaneously articulating the principle that accommodations for such communities must not unduly restrict community members’ ability to exit should they wish to do so. Yet courts and scholars have largely overlooked Yoder’s recognition of a right to exit religion. To make this “right” more concrete, the Article examines impediments to it through a case study of one large insular religious community—the …

Does Third Party Litigation Funding Need Regulations On Consumer Protection, Ronen Avraham, Eric Schuller, Anthony J. Sebok

Articles

Transcript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law.