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The Perlmutter Center For Legal Justice At Cardozo Law Announces Client Larry Hoover Has Been Granted Clemency, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo Law News Archive

The Perlmutter Center for Legal Justice at Cardozo Law announced that its client Larry Hoover has been granted clemency after serving over 52 years in prison. Hoover, now 74, spent the last three decades at the ADX Florence supermax facility, much of it in solitary confinement. During his incarceration, he transformed his life by teaching himself to read, earning his GED, and pursuing studies in various subjects. He has renounced his past gang affiliations and is committed to mentoring at-risk youth.

Executive Director Josh Dubin played a key role in advocating for Hoover’s release, alongside the Holloway Project and attorney …

Bruni And Sugden On Market Virtues, Luís C. Calderón Gómez, Robert Talisse, John A. Weymark

Articles

According to classical liberalism, markets are instruments for the mutually advantageous voluntary exchange of goods and services among individuals who have conflicting interests. Some critics have used a virtue ethics understanding of behavior in markets to call for moral limits to markets because this classical view does not respect the internal value of human practices and the intrinsic motivations of individuals. In response, Luigino Bruni and Robert Sugden have offered a virtue ethics defense of markets, thereby “reclaiming virtue ethics for economics.” We argue that their account needs further elaboration and clarification before it is possible to assess the soundness …

Judicial Deference And Presidential Power Under The Alien Enemies Act, Rebecca Ingber

Online Publications

On March 15, 2025, President Donald Trump issued a proclamation titled, “Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua.” In purporting to invoke the Alien Enemies Act, Trump resurrected a 1798 statute that grants the President extraordinary removal powers in times of “declared war” or “invasion or predatory incursion … against the territory of the United States by any foreign nation or government.” Specifically, this wartime power permits the President to apprehend and remove as “alien enemies” the non-U.S. citizen nationals of the foreign state, as long as they are fourteen …

Cardozo Law News Brief: May 16, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the May 16, 2025 Cardozo Law News Brief include:

• Professor Michael Herz spoke to National Law Journal about the limited impact of Trump’s executive order on regulatory prosecutions.

• Professor Peter Markowitz was quoted in Gothamist on a judge’s decision to release a Bronx man detained by ICE.

• Professor Haiyun Damon-Feng discussed racial bias in immigration policy in Bloomberg.

• Professor Alexander Reinert appeared on NY1 to comment on the appointment of a remediation manager at Rikers Island.

• Professor Zalman Rothschild’s 2022 study, Free Exercise Partnership, was cited in a New York Times opinion essay.

The Volume Of Information, Joshua Levine

Library Staff Online Writings

Judge Roy Bean was a legendary justice of the peace in Texas, known as the “Law West of the Pecos.” However, he was not known for his encyclopedic knowledge of the law. Judge Bean “had only one law book, a copy of the Revised Statutes of Texas, printed in 1879, as authorized by the Sixteenth Texas Legislature.” He relied exclusively on that book, and “[e]ven though the legislature sent him new books every two years, reflecting new laws, he burned them. He said he liked the old book better and he like those laws better, too.”

Cardozo Law News Brief: May 9, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the May 9, 2025 Cardozo Law News Brief include:

• Professor Britta Redwood was selected for the 2025 Harvard/Stanford/Yale Junior Faculty Forum.

• Alumnus Jaime Leggett ’10 appeared on the SPARKS podcast to discuss his legal career.

• Professor Peter Markowitz was quoted in The New York Times on immigration enforcement.

• Professor Jessica Roth appeared on CNN to discuss jury selection in the Diddy trial.

• Other faculty news includes speaking events and editorial work by Professors Codrington, Zelinsky, and Drucker-Albert.

Professor Britta Redwood Accepted To 2025 Harvard/Stanford/Yale Junior Faculty Forum, Britta Redwood

Cardozo Law News Archive

Assistant Professor of Law Britta Redwood has been accepted to present at the 2025 Harvard/Stanford/Yale Junior Faculty Forum, taking place June 2–3 at Harvard Law School. Her paper, “A Brutal Anomaly: Unfettered Ownership Rights and the Illegality of Transatlantic Chattel Slavery,” was selected through a competitive double-blind review process. The work argues that transatlantic chattel slavery was unlawful at the time it was practiced, challenging Eurocentric interpretations of treaty and customary international law and instead grounding its analysis in general principles of international law. This recognition places Professor Redwood among a select group of 12–20 junior scholars chosen to …

In Congress, A Welcome, But Flawed, Step To Stop Trump’S Transfers To Torture, Scott Roehm, Rebecca Ingber

Online Publications

Senate Democrats are demanding the Trump administration provide information on its transfers to torture in El Salvador, including actions it has taken in response to court orders. On May 1, U.S. Senators Tim Kaine (D-VA), Chris Van Hollen (D-MD), Chuck Schumer (D-NY), and Alex Padilla (D-CA), introduced legislation outlining the questions they want answers to. Representative Joaquin Castro (D-TX) is leading companion legislation in the House.

To Trade Or Not To Trade, Joseph Mizrahi

Cardozo International & Comparative Law Review (CICLR) Blog

A free trade policy is one in which there is minimal or no government influence on the import and export of goods and services. Free trade agreements are deals entered into between multiple nations to reduce impediments and barriers on imports and exports between them. Under these agreements commerce in goods and services can occur with reduced or no tariffs, quotas, or other inhibitions. The concept of free trade which these agreements is the opposite of trade protectionism, under which countries work to protect their interests with tariffs.

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

The Future Of International Ecosystem-Based Conservation, Gwyneth Zinan Chen

Cardozo International & Comparative Law Review (CICLR) Blog

One does not have to search on the internet to conclude that our home, Earth, had greatly changed since its birth approximately 4.6 billion years ago. Perhaps, what is the most obvious is how our Earth went from being blue, green, and brown landscapes to a world of concrete jungles. Inevitably, there will be biodiversity and habitat loss. Biodiversity loss, as defined by United Nations office for Disaster Risk Reduction “refers to the reduction of any aspect of biological diversity (i.e.., diversity at the genetic, species and ecosystem levels) in a particular area through death (including extinction), destruction or manual …

Ceasefires, Proportionality, And International Law Of Armed Conflicts: The Legal Implications Of Israel’S Ground Invasion After Signing A Ceasefire With Palestine, Emma Lee

Cardozo International & Comparative Law Review (CICLR) Blog

Israel signed a ceasefire with Palestine on January 17, 2025, after 15 months of war following Hamas’ attack on Israel on October 7, 2023. During the initial attack, Hamas killed more than 1,200 people and seized 251 Israeli hostages. A key part of the ceasefire involved the return of these hostages.

This post was originally published on the Cardozo International & Comparative Law Review on May 03, 2025. The original post can be accessed via the Archived Link button above.

The Legal Vacuum In Cognitive Privacy And Brain Data, Kayla Flanders

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.

Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 5

Cardozo Law Review

No abstract provided.

An Unfair Chance For The Formerly Incarcerated: Yim V. City Of Seattle And The Commercial Speech Doctrine, Emilee Kaminski

Cardozo Law Review

Formerly incarcerated persons face disproportionately challenging barriers to housing upon reentry; criminal records are used as a basis to deny otherwise suitable prospective tenants. In 2017, the City of Seattle passed the "Fair Chance Housing Ordinance," prohibiting landlords from relying on criminal history when evaluating prospective tenants. In 2023, the Ninth Circuit struck this provision down on the grounds that this complete ban violated Seattle landlords' constitutionally protected free speech rights. The circuit court held that the ordinance implicated commercial speech and failed to pass intermediate scrutiny review under the four-part test outlined in Central Hudson Gas & Electric Corp. …

Airlines, Sick Time, & Interstate Commerce: The Dormant Commerce Clause And Its Impact On State And Municipal Paid Sick Leave Laws, Zachary Mcgarry

Cardozo Law Review

The United Statesis the only industrialized nation lacking a universal paid sick leave law that guarantees employees the right to time off from work to attend to their own or their family's medical needs. Nonetheless, many states and municipalities have created their own paid sickleave laws to fillin the gap left open by the federal government. Following the passage of three state referendums on paid sick leave laws in the 2024 general election, there are now eighteen states, plus the District of Columbia, which mandate that employers provide employees with paid sick leave. Although there continues to be a growing …

Kenneth Chesebro And The Ethics Of Election Subversion, Sung Hui Kim

Cardozo Law Review

This Article examines the role of attorney Kenneth Chesebro in orchestrating the "fake electors plot" following the 2020 US presidential election. It traces Chesebro's transformation from a Harvard-educated lawyer with Democratic ties to a key architect of Donald Trump's post-election strategy to derail the transfer of power to Joseph Biden. Part I provides a detailed chronology of Chesebro's activities between November 2020 and January 2021, revealing how his legal advice evolved from preserving legal rights in Wisconsin to a coordinated plan to impanel alternate electors across multiple battleground states as a pretext for the Vice President to intervene unilaterally in …

The Supreme Court's Specious Code Of Conduct, James J. Sample

Cardozo Law Review

Congressionally imposed ethics enforcement would enhance the Supreme Court's exercise of constitutional powers by reducing the interference of improper personal motives during its factual and legal determinations. The Court has long recognized the self-evident truth that "no man can be a judge in his own case." The Framers recognized the limits inherent in human nature: humans are not angels. Accordingly, the Constitutional scheme of separated powers, as elucidated by Madison, "[does] not mean that these departments ought to have no partial agency in, or no control over, the acts of each other." Congress rightly has the constitutional means and motive …

“Going Once, Going Twice, Sold!” The Case For Resale Rights For Visual Artists In The United States, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Resale rights can be understood to be a form of royalty payments that compensate visual artists for subsequent sales after the initial sale of their artwork. In contrast to the schemes available to music artists in the United States, who receive payment for subsequent use of their works through licenses for public performance, synchronization licenses, or mechanical licenses, visual artists lack the ability to profit from the resale of their creations. This discrepancy separates the United States from the approaches to resale rights in many European countries and other countries that have adopted this system. Countries that recognize resale rights …

Contesting State Capture, Lucien Ferguson

Cardozo Law Review

State capture poses a distinctive challenge to democracy in the United States. As well-resourced individuals and interest groups exert ever-increasing influence over public policymaking, the American legal system loses its moorings in majority will and democratic faith. The costs of this process are borne by the poor and working classes. Unlike most public-law scholarship concerned with state capture, this Article surfaces potential remedies in the underutilized tools of state constitutional law. Drawing on state constitutional history and political-economic scholarship, it argues that when confronted with legislation suspected of capture, state courts should abandon rational basis scrutinyin favor of more searching …

Tax Policy And The Global Saving Glut, Hillel Nadler

Cardozo Law Review

The tax rules governing investment in the United States offer very favorable treatment to foreign investors: the typical foreign investor pays no US. tax on passive investment in the United States. These tax rules have been shaped by the assumption that the United States needs to attract scarce financial capital to fill the gap between domestic saving and investment. But that assumption is wrong; global financial capital is not scarce. Over the past three decades, regressive economic policies abroad have suppressed consumption and led to an overabundance of saving. What is more, instead offinancing productive investment, the flow of that …

Why Courts Should Not Discipline Trump's Lawyers, Rebecca Roiphe

Cardozo Law Review

After the first Trump administration, there were multiple coordinated efforts to discipline lawyers in highly charged political cases. For example, a California bar court recommended that John Eastman be disbarred. Eastman helped craft the legal argument that then-Vice President Mike Pence had the right to delay or decline to certify the election results, and the disciplinary case concluded that he lied publicly, in his memos to his client and Pence, and to courts. This Article draws on Eastman's case to argue that disciplinary charges in politically charged cases are often unconstitutional and even when they are not, they are unwise …

From Manuscripts To Monopsonies: Revisiting United States V. Bertelsmann Se & Co. Kgaa, Matthew Petrouskie

Cardozo Law Review

United States v. Bertelsmann SE & Co. KGaA is a unique antitrust case that has reframed decades of precedent. In November 2020, Bertelsmann SE & Co. KGaA ("Bertelsmann"), the parent company of PRH, announced its plan to acquire S&S from its parent company, Paramount Global ("Paramount'). This announcement positioned the merged entity ("S&S + PRH") to control a third of the book market, the largest market share held by a publishing house. The following year, the Department of Justice Antitrust Division ("DOJATR") sued to block the merger. In United States v. Bertelsmann SE & Co. KGaA, the DOJATR's case …

Bribery Law: Is Anything Left?, Richard W. Painter

Cardozo Law Review

Part I of this Article discusses the traditional understanding of bribery that existed at common law at the time of the Founding and presumably is embodied in the reference to bribery in the Impeachment Clause of the Constitution. Part I additionally discusses the Emoluments Clause of the Constitution, which prohibits holders of federal office from receiving gifts, offices, and emoluments from foreign governments without consent of Congress. Part II discusses recent judicial developments weakening the traditional notion of bribery. Specifically, Section II.A discusses how the Supreme Court has narrowed the definition of bribery in the federal criminal code. Section II.B …

Cjcr Publishes Volume 26, Issue 2 (Symposium 2024), Jane Perov

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 2 (Symposium 2024). The print edition of the issue has also been released.

Accessible at Volume 26.2: Symposium 2024, this issue contains Remarks by Lady Justice Joyce Alouch; Articles by Zachary R. Calo, Diego Faleck, Nokukhanya Ntuli, and Nancy A. Welsh; and Notes by Peri Ayzidor, Jared Man, Yakov Schwalb, and Bayla Zohn.

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

What The Cfpb Shut-Down Means For Debt-Collection, Emily Sultan

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

The Consumer Financial Protection Bureau (“CFPB”) is a federal agency that monitors financial markets to identify new risks to consumers, evaluates consumer complaints, and addresses unfair and deceptive trade practices by financial institutions, including banks, lenders, and credit card companies.[1]  The CFPB was created to protect consumers against the risky lending practices that caused the 2008 financial crisis.[2]  The CFPB has benefitted millions of Americans by helping homeowners facing foreclosure stay in their homes, curtailing banks from charging junk fees, and returning more than $20 billion to consumers nationwide.[3]  The agency also protects consumers impacted by institutional bias by enforcing …

Deputized To Discriminate: The Dangerous Revival Of Ice “Task Force” Agreements, Yuwen Huyan

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

Section 287(g) of the Immigration and Nationality Act, first implemented in 1996, authorizes local and state law enforcement agencies to enter into formal agreements with U.S. Immigration and Customs Enforcement (“ICE”).  These agreements, known as Memoranda of Agreements (“MOAs”), deputize selected officers to perform certain federal immigration enforcement functions.  There are two enforcement models: the jail enforcement model, in which officers identify individuals for ICE after an arrest, and the more controversial task force model, which allows officers to initiate immigration enforcement in the field—during traffic stops, patrols, or other community interactions. Once trained and certified by ICE, local officers …

Cardozo Law News Brief: April 25, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the April 25, 2025 Cardozo Law News Brief include:

• Professor Zalman Rothschild quoted in The New York Times on SCOTUS and religious exemptions.

• Professor Jessica Roth featured in American Lawyer and CNN on pro bono work and deportation cases.

• Professor Gabor Rona’s lawsuit over ICC sanctions covered by Bloomberg Law.

• Professor Lindsay Nash presented immigration law scholarship at UNC.

• Sarah Chu honored with a Women of Distinction award.

Alumni Updates - Spring 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Spring 2025 alumni updates highlight notable achievements across the Cardozo community. Sixteen alumni were named to Billboard’s Top Music Lawyers list, while Rafael Castellanos ’86 and Seth Goodman Park ’91 received WESTY Awards. Chris Fenlon ’09 helped secure a record $34.5 million Sarbanes-Oxley whistleblower settlement, and Adam Greenberg ’93 and Todd Hellman ’94 advanced to new law firms. Other updates include Eric Hochstadt ’03 being named Head of Antitrust Litigation at Orrick, Julie Levine ’14 joining Offit Kurman, and Mark Osherow ’88 publishing Florida Litigation Guide. These achievements reflect the broad impact of Cardozo alumni in law …

The Return Of Private Law, Anthony J. Sebok

Articles

Recent events offer a grim picture of the future of public law. In particular, President Trump’s assault on the administrative state seems destined to hamper the ability of agencies to protect the public in familiar areas such as drug safety, auto safety, environmental protection, and consumer protection.

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.