Law Commons^™

Brushstrokes & Bequests: Estate Planning For Artists And Collectors, Cardozo Fame Center, Cardozo Art Law Society, Samatha Anderson, Christopher Apgar, Pam Grutman, William Pearlstein, Parker Taylor

2026 Event Invitations

Estate Planning for Artists and Collectors

Alumni Updates: Spring 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

A roundup of professional achievements and career milestones of Cardozo alumni during Spring 2026, including partner promotions, judicial and government appointments, publications, leadership positions, awards, and other notable accomplishments across the legal profession.

One Year Of The Papacy Of Leo Xiv: The Role Of The Catholic Church In International Conflict Resolution, Cardozo Christian Law Student Association (Clsa), Cardozo International Law Society, Cardozo Dispute Resolution Society

2025–2026 Flyers

A roundtable discussion examining the first year of the papacy of Pope Leo XIV and the role of the Catholic Church in international conflict resolution.

Speaker: Dmytro Vovk, Visiting Professor, Benjamin N. Cardozo School of Law

Final Cut Vs. Final Print, Who Shapes Consent On Set ?, Cardozo Entertainment Law Society

2025–2026 Flyers

Join entertainment attorneys and intimacy coordinators for candid discussion on how consent is negotiated, documented and enforced in film and television.

Save The Date, Latin American Law Students Association (Lalsa)

2025–2026 Flyers

Save the date and mark your calendar for FIESTA!

You Are Invited To Fiesta With Cardozo Lalsa, Latin American Law Students Association (Lalsa)

2025–2026 Flyers

Join us in celebrating the end of the year !

The Fate Of Atkins In A Post-Dobbs Era: How State Discretion Risks Harm To Intellectually Disabled And Black Defendants, Chole Quinn Sotomayor

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

The Supreme Court’s stance on the death penalty has evolved over time. In Furman v. Georgia, the Court held that the death penalty violated the Eighth Amendment, only to reinstate it in Gregg v. Georgia four years later.  As the Court continued to interpret “evolving standards of decency,” it later categorically barred the execution of defendants with an intellectual disability in Atkins v. Virginia.  To determine if an individual is intellectually disabled, they must demonstrate subaverage adaptive skills that existed before age eighteen.  The Court has also recognized that IQ scores carry a ±5 margin of error and has …

Holocaust Remembrance Day, Jewish Law Students Association (Jlsa), Jewish Grad Organization (Jgo)

2025–2026 Flyers

Join us to hear survivor Sally Muschel's story.

Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Hollywood Has Learned Nothing From #Metoo, Clara Sarfati

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

Following the surge of the #MeToo movement in 2017, which exposed widespread unsafe and discriminatory conditions for women in Hollywood, the industry underwent a fundamental shift in how its institutions addressed sexual misconduct and equal opportunity.  Now, with the rattles of the movement stabilizing, Hollywood is reemerging as an unsafe environment for women in entertainment.  One of the most high-profile cases of the 2020s, Lively v. Wayfarer Studios LLC, illustrates how legal frameworks and Hollywood culture continue to fall short on protecting female victims of sexual assault.  Moreover, it underscores how survivors are often still forced to navigate complex legal …

The Inequity Of Elective Shares In Second Marriages, Cynthia Li

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

Elective share statutes, the modern successors to the historical doctrines of dower and curtesy, serve as a vital legal safety net designed to prevent a decedent from intentionally disinheriting a surviving spouse. By forcing the decedent’s estate to distribute a specific share to a spouse who has been omitted from a will, these statutes protect against the rise of non-probate transfers and inter vivos gifts that might otherwise leave a survivor destitute.   Since 1990, the Uniform Probate Code (UPC) has grounded this protection in a “partnership theory” of marriage, which posits that spouses contribute to an economic partnership through both …

Fixing Forty Years Of Failure: Objective Solutions To Batson’S Subjective Shortfalls, Katherine E. Donoghue

Cardozo Law Review

It is a sunny afternoon in rural Georgia. A young Black man goes for a jog. On his route, he crosses the train tracks and heads into a predominantly White neighborhood. As his sneakers rhythmically hit the pavement, he hears the rev of a pickup truck behind him. Shortly after, he hears a second truck. The young jogger picks up his pace, but so do the trucks. The trucks chase him and eventually surround him. Two White men get out with shotguns. One stands ready, barrel raised. The other approaches the jogger and fires a bullet into his chest.

That …

Selective Flexibility: The Hidden Evolution Of Startup Corporate Law, Alvaro Pereira

Cardozo Law Review

This Article challenges the longstanding assumption that corporate law is largely irrelevant to non-listed companies and venture capital ( “VC”). Through a novel cross-country legal index covering twenty years and twelve jurisdictions, this Article shows that corporate laws have evolved through a process of “selective flexibility,” where certain legal barriers to VC deals are lifted, while others are stealthily preserved. For example, numerous reforms have enabled multiple-vote shares, but few have authorized the customization of board powers, limiting the universe of founder-investor agreements—and, ultimately, the development of startup ecosystems and VC markets.

Drawing on a comprehensive dataset of billion -dollar …

A “Consistent And Ongoing” Right: The Sixth Amendment Right To Counsel At Initial Bail Hearings, Gemma Sunnergren

Cardozo Law Review

Despite the potentially devastating consequences of pretrial incarceration and the complexity of modern bail applications, many individuals charged with crimes across the country are not appointed counsel to guide them through their bail hearings. Traditionally, application of the Sixth Amendment’s right to counsel in various pretrial proceedings has been evaluated under the “critical stage” framework, finding defense counsel necessary when a proceeding puts one’s trial rights at risk or is sufficiently trial-like—i.e., adversarial and requiring complex legal arguments. In the absence of a clear Supreme Court ruling, states have been left to conduct their own analysis, with many declining to …

Table Of Contents, Cardozo Law Review, Volume 47, Issue 4

Cardozo Law Review

No abstract provided.

The Territorial Continuum: American Samoa, Criminal Adjudication, And Territorial Administration, Emmanuel Hiram Arnaud

Cardozo Law Review

The standard account of American territorial expansion posits that territorial acquisition moved along a spectrum of sovereignty. The federal government acquired new inhabited land through conquest or purchase, and the Constitution tasked Congress with organizing and administering the new territories until they were ready to become states. That pattern came to an abrupt halt in 1898 when, at the conclusion of the Spanish-American War, the Supreme Court, fearing the extension of citizenship to and the permanent integration of non-White populations into the American polity, suddenly pronounced that the Constitution authorized the holding of colonies. The Court thus sentenced new territories, …

Hyperbole In The Capital Stack: Are We Misreading Lender Intent? Liability Management Transactions And The Implied Covenant Of Good Faith And Fair Dealing, Daniel R. Janel

Cardozo Law Review

The hasty characterization and overall sentiment surrounding Liability Management Transactions (“LMTs”) as “hostile” strategies that promote “lender-on-lender violence” attempt to misapply the implied covenant of good faith and fair dealing under New York law, which serves as a gap-filler rather than a “contract buster.” Although the covenant’s proper function is to protect parties’ reasonable expectations that they will receive the fruits of their bargain, it does not purport to rewrite or impose on carefully negotiated credit agreements. Sophisticated parties enter into meticulously crafted credit agreements with full awareness of the breadth and scope of their provisions. Only after finding themselves …

From Waiver To Shield: The Routine Misapplication Of The Federal Tort Claims Act’S Discretionary Function Exception, Alexander Sitnikov

Cardozo Law Review

When a pedestrian trips and falls on a defective sidewalk, liability usually turns on negligence. But when the property surrounding the sidewalk belongs to the federal government, tort liability often vanishes altogether. This result is just one of the many shortcomings of the Federal Tort Claims Act (FTCA) and one of its most controversial and heavily litigated provisions: the discretionary function exception (“DFE”). This Note explores the current judicial interpretations of the FTCA and DFE, which often work in conjunction with state laws and federal regulations. Despite the central public policy rationale and congressional intent surrounding the FTCA and its …

The Shame Of Mass Torts, Anthony J. Sebok

Articles

No abstract provided.

Is Tax “Law”?, Luís C. Calderón Gómez

Articles

Although taxation remains a hotly contested issue in debates by both politicians and political theorists—over the optimal size of government, distributive (and sometimes corrective) justice, or even the legitimacy of current private property arrangements—taxation has been largely ignored by legal theorists, to the detriment of both tax law and legal theory.  This Article argues that tax law, driven by its battle against tax evasion, is in deep conflict with widely accepted conceptions of “legality”—that is, the qualities that make a rule distinctively and normatively “law.”  This matters because legality is a key buttress in jurisprudential and political theory accounts that …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client’s risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Cardozo Law Introduces New Course On Theatre Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law introduced Theatre Law, the first law school course devoted entirely to the legal framework of the live stage industry. Taught by Adjunct Professor Ben Feldman, the course explores contracts, intellectual property, labor relations, licensing, financing, and other legal issues unique to theatrical productions, providing students with specialized training in entertainment law.

Delivering Fairer Tipping Practices, Nyc Department Of Consumer And Worker Protection, Alexandra Burke

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

On January 30, 2026, Mayor Mamdani and Department of Consumer and Worker Protection (“DCWP”) Commissioner Samuel Levine announced that food delivery app companies Uber Eats, Fantuan, and Hungry Panda owed more than $5 million in worker restitution, civil penalties, and damages to resolve violations of the Minimum Pay Rate for delivery workers. Like New York City, other municipalities across the United States should enact statutory protections for delivery workers, investigate compliance, and enforce penalties to ensure workers' rights and justice.

Temporary By Design: Why International Students Need A Real Pathway To Permanent Residence, Benedetta Palese

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

You grow up in a rural town abroad where English is barely taught. You teach yourself the language, travel hours to take standardized tests, and earn admission to a United States university. You stay for law school, believing that talent and persistence will bring stability. Near graduation, the question changes: what happens when the student visa expires, and life beyond campus begins?

The United States should create a meaningful, predictable pathway from F-1 student status to permanent residence. International students are welcomed as students and future workers, yet the law still structures them as temporary visitors. That instability is not …

The Whitney Museum Of American Art, Cardozo Art Law Society

2025–2026 Flyers

No abstract provided.

What I Wish I Knew As A 1l Part 2: Journals And Honor Societies, Minority Law Student Alliance (Mlsa)

2025–2026 Flyers

No abstract provided.

The 21st Annual Outlaw: Cardozo's Lgbtqia+ Law Student Association Presents E. Nathaniel Gates Awards, Cardozo Outlaw

2025–2026 Flyers

No abstract provided.

Passover Tabling, Jewish Law Students Association (Jlsa)

2025–2026 Flyers

Join us in the lobby for pre-Passover bagels!

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Cardozo Law News Brief: March 27, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 27, 2026, Cardozo Law News Brief include:

• Professor Rachel Landy was quoted in the Los Angeles Times and Newsweek on a Supreme Court ruling limiting internet providers’ liability for copyright infringement, noting the music industry may need to seek legislative solutions.
• Sarah Chu, Director of Policy & Reform at the Perlmutter Center for Legal Justice, spoke to Undark about a new study challenging the reliability of firearms analysis in forensic science.
• Professor Peter Markowitz was quoted in NewsNation on the rise of no-bond ICE detention cases and the growing number of successful legal challenges.
• Professor …