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Cardozo Law News Brief: February 14, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 14, 2025 Cardozo Law News Brief include:

• Associate Judge Caitlin J. Halligan was announced as the keynote speaker for Cardozo’s 47th Commencement.

• Professor Jessica Roth appeared on CBS Mornings, The Washington Post, and PBS NewsHour discussing the Luigi Mangione case and corruption charges involving Mayor Eric Adams.

• Professor Lindsay Nash spoke to City Limits about the impact of the Laken Riley Act on immigrant communities.

• Faculty updates include:

  • Ellen Drucker-Albert edited the latest issue of Association of Jewish Libraries’ News and Reviews.

  • Professor Andrea Schneider co-authored International Conflict Resolution Processes with Carrie Menkel-Meadow.

Cardozo's Entertainment Law Week Showcases Creative Executives And Entertainment Attorneys, Cardozo Entertainment Law Society, Cardozo Fame Center

Cardozo Law News Archive

Cardozo’s annual Entertainment Law Week, hosted by the Entertainment Law Society and FAME Center, featured panels and discussions with industry leaders on topics ranging from music and video games to docudramas and diversity in entertainment law.

Let’S Save More Lives: A Call For A National Good Samaritan Law, Molly Mcguinness

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

The United States is facing a fentanyl epidemic.  Fentanyl is a synthetic opioid that is fifty times stronger than heroin and one hundred times stronger than morphine.  While fentanyl is approved by the Food and Drug Administration (FDA) for pain relief and anesthetic used in controlled medical settings, most overdoses come from illegally manufactured fentanyl.  Drug dealers lace fentanyl into fake prescription pills and other illegal drugs.  Since fentanyl is a synthetic drug, it is cheaper to produce than other opioids that are grown from plants, and it therefore is more profitable for drug cartels to sell.  A lethal amount …

Rallying For Equality: The Match To End Gendered Sports Uniforms, Katie Rubin

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

Women’s sports have taken off in recent years, and the thriving market for women’s sports apparel is proof.  More people are watching, investing, sharing on social media, and participating than ever before.  Athletes like Serena Williams and Caitlin Clarke have proven that women’s sports can thrive on a global stage alongside their male counterparts.  As visibility grows, women athletes are becoming bigger stars, opening the door to greater sponsorship opportunities and better access to top-tier performance gear.  It is a win-win: athletes get the high-quality apparel they need to perform at their best, while consumers enjoy more inclusive and diverse …

Associate Judge Caitlin J. Halligan Named Keynote Speaker At Cardozo’S 47th Commencement, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Hon. Caitlin J. Halligan, associate judge of the Court of Appeals, will deliver the commencement address for Benjamin N. Cardozo School of Law's 47th graduation ceremony at Lincoln Center on June 4.

Borders Beyond Borders: Offshore Asylum Processing Across The Globe, Marcelina Kropiwnicka

Cardozo International & Comparative Law Review (CICLR) Blog

Every country in the world, from the largest to the smallest, has an immigration policy. While much attention has been given to the United States, particularly as Trump continues to implement restrictive immigration measures in his second administration through executive orders and policy changes, the U.S. is far from the only country with tight borders. Others around the world are outsourcing their asylum systems, thus limiting asylum opportunities and creating legal frameworks that prioritize deterrence over protection. These systems, while justified by claims of national security and resource management, raise serious ethical and legal concerns about the commodification of human …

Dean Melanie Leslie’S Office, Benjamin N. Cardozo School Of Law

2025 Event Invitations

Join Dean Leslie and Professor Michael Herz to discuss presidential executive orders. On Inauguration Day, President Trump revoked 78 existing executive orders in one fell swoop and started signing new ones at a frenetic pace. There has never been quite such an attention-getting spree of these directives. Executive orders are not new; every President since George Washington has issued them. But they are often misunderstood. Professor Herz will discuss the history, nature, and effect of executive orders. The two will also answer questions raised by student attendees.

Cardozo Law News Brief: February 7, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 7, 2025 Cardozo Law News Brief include:

• Cardozo's P*LAW 2025 featured a week of student-led public service programming, coordinated by the Center for Public Service Law.

• Professor Jessica Roth spoke to The New York Times and Politico about the possible dismissal of charges against NYC Mayor Eric Adams.

• Professor Betsy Ginsberg was quoted in The Wall Street Journal on constitutional questions related to incarcerating Americans in El Salvador.

• Professor Andrea Schneider spoke to Business Insider about Costco’s pay increases for non-union workers and the implications for labor negotiations.

Motion For Leave To File Brief Of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, And Saurabh Vishnubhakat As Amici Curiae In Support Of Defendant-Appellee And Affirmance, Saurabh Vishnubhakat

Amicus Briefs

Amici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the …

P*Law 2025 Celebrates Public Service, Center For Public Service Law

Cardozo Law News Archive

Annual Public Interest Law Advocacy Week (P*LAW) 2025, hosted by the Center for Public Service Law, featured 12 panels on social justice topics, planned and moderated by over 30 students, with contributions from alumni, faculty, and legal experts.

Class Of 2026 Halfway To Graduation Party, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Publishing Companies: Where Is The Accountability?, Serena Roche

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

Over the past five decades, the consensus on best practices for effective reading instruction has gradually evolved into a debate over whether young children, in kindergarten and primary grades, learn to read more successfully through a phonics or whole language based curriculum.

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 4, 2025. The original post can be accessed via the Archived Link button above.

The Fare Act May Fare Better Than Opposition Claims, Rob Loeser

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

New York City is currently in an affordable housing crisis.  This crisis consists of two parts—availability and affordability. On the availability side, the rental vacancy rate plummeted from 4.54 percent in 2021 to a mere 1.41 percent in 2023, a multi-decade low.  Additionally, only 400,000 housing units have been built over the past decade, despite the creation of nearly 1.2 million jobs.  Meanwhile, on the affordability side, over half of New York City households are rent-burdened, defined as spending more than thirty percent of income on rent.  Furthermore, rent prices in 2024 are seven times greater than actual salaries.

This …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 3

Cardozo Law Review

No abstract provided.

Locating Consumer Financial Regulation, Nikita Aggarwal

Cardozo Law Review

Recent advances in data-driven technology in consumer financial markets, commonly referred to as “fintech,” have resurfaced the question of whether and to what extent data, particularly consumers’ personal data, should be a locus for regulatory intervention in these markets. While innovation in fintech and the accompanying increase in the processing of personal data offer to improve the functioning of consumer financial markets, like all advances in technology, they also come with costs and risks. In 2024, in a move that favored the regulation of personal financial data per se and many of the traditional features of personal data protection regulation, …

Reforming The Rules: A Proposal For Modifying The Model Rules Of Professional Conduct To Permit Partnerships Between Lawyers And Nonlawyers In The Practice Of Law, Sholom Zeitlin

Cardozo Law Review

The Model Rules of Professional Conduct prohibit partnerships between lawyers and nonlawyers in the practice of law, a ban that purportedly exists to protect lawyers’ professional independence of judgment. Despite this noble sentiment, the prohibition ultimately hurts the legal market, to the expense of potential clients, by limiting the professional options available at the lawyer’s disposal. The existence of lawyer-nonlawyer partnerships, recently espoused by two states, both decreases the costs and barriers involved in obtaining justice and encourages much-needed legal innovation. While other scholars have proposed schemes that would permit such partnerships without compromising the lawyer’s professional responsibility, their methods …

Leveling The Playing Field: Aligning Title Ix And Title Vii Sexual Harassment Standards To Ensure Equity For Female Hazing Victims, Cammie Swain

Cardozo Law Review

As hazing has become more common among student-athletes at colleges and universities throughout the country, litigants have used Title IX as a legal remedy to hold these educational institutions accountable for hazing practices on their campuses. However, while various male plaintiffs have brought successful Title IX cases alleging that their hazing experiences constitute actionable discrimination under Title IX, fewer women have had success in bringing such cases. This disparity looms especially large as the number of hazing incidents among women has grown and as intercollegiate athletics has transformed into a massive, lucrative industry. Since 2021, student-athletes have been able to …

Buyer, Beware Of Addiction, Erin E. Meyers, Clayton J. Masterman

Cardozo Law Review

Addictive products kill more than 700,000 people in the United States every year. Despite the large-scale risks that addiction poses, the law requires manufacturers of addictive products to disclose little-to-no information about the risk of addiction—the single most consequential characteristic of a class of products contributing to mass death every year.

While consumers understand that addictive products are, in fact, addictive, they generally do not understand the magnitude of the addiction risks that they face. Metaphorically, consumers understand that they are playing a game of “Russian roulette” when they consume an addictive product—but they play without knowing how many bullets …

Radical Restorative Justice: Reflections On Conflict, Trauma, And Hope In Chicagoland Schools, Amy J. Cohen, Uma Blanchard

Cardozo Law Review

This Article tracks how abolitionist and reformist debates are unfolding within urban schools’ attempts to smash the school-to-prison pipeline. We document how Chicago-area public school teachers are grappling with new restorative justice programs and their complex and divergent sociopolitical and institutional meanings. Drawing on over forty qualitative interviews with teachers, we illustrate how difficult widespread implementation of new conflict resolution mechanisms, in the name of restorative justice, are turning out to be. We analyze how teachers are interpreting restorative justice practices and the challenges they involve for students, educators, and school administrators who learn and teach and work in hierarchical …

The End(S) Of Bankruptcy Exceptionalism: Purdue Pharma And The Problem Of Social Debt, Jonathan C. Lipson, Pamela Foohey

Cardozo Law Review

The Supreme Court’s recent 5-4 decision in the controversial chapter 11 bankruptcy reorganization of opioid-maker Purdue Pharma ends the use of nonconsensual third-party “releases,” which discharge (eliminate) liabilities of nondebtors who may share liability with a corporate debtor. Although the majority opinion is correct that the Bankruptcy Code does not permit this, it failed to recognize the problematic exceptionalism of the lower courts which approved those releases or the “social” qualities of Purdue Pharma’s mass tort liability.

Bankruptcy exceptionalism has been a contested concept since it emerged over fifteen years ago and reflects a willingness to bend the rule of …

The End Of Fda Exceptionalism? Dissecting Deference To The Fda In Drug Disputes, Anjali Deshmukh

Cardozo Law Review

On April 7, 2023, a federal judge issued a nationwide stay on the United States Food and Drug Administration (FDA) approval of the abortifacient medication mifepristone. It was instantly a landmark case, decried as the first time in over one-hundred years that a federal court nullified an FDA drug approval. A few hours later, a second federal district court enjoined FDA restrictions on mifepristone. Two federal courts substantively evaluating FDA drug approval data in one day is unprecedented. It begs the question: will courts overturn FDA drug approvals again?

Conventional wisdom says no. Abortion exceptionalism, the trend of legislatures and …

Revisiting Reasonable Cybersecurity, Jeffrey L. Vagle

Cardozo Law Review

Prospective theories of cybersecurity liability have traveled over some well-worn paths over the past three decades, resulting in some successes, but also in at least as many cul-de-sacs and dead ends. Part of this problem can be found in the difficulty and complexity of the subject itself. Courts, legislators, and regulators all face comprehension difficulties when they attempt to fit our existing legal system around cybersecurity, often resulting in half-measures and generalized solutions that are challenging to apply to the widely different technical details behind each case. And in the background, we have a general reluctance to create legal regimes …

The Nyc Office Of Administrative Trials And Hearings: Forty-Five Years Of Delivering Impartial Adjudications And Providing Access To Justice, Asim Rehman

Cardozo Law Review

It was an honor to deliver the 2024 Uri and Caroline Bauer Memorial Lecture at the Benjamin N. Cardozo School of Law, and to follow in the footsteps of the many legal luminaries who have delivered this lecture before. Given their chosen professions, it may be fair to assume that Uri Bauer was a believer in the rule of law and Caroline Bauer was a believer in government. Accordingly, I would like to talk about those two topics as they relate to the work of the New York City Office of Administrative Trials & Hearings (OATH). First, after a general …

Cardozo Law News Brief: January 31, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 31, 2025 Cardozo Law News Brief include:

• Students participated in the 42nd Annual ITAP, sharpening their trial skills in an intensive litigation training program.

• Cardozo’s Kukin Program for Conflict Resolution offered hands-on mediation and advocacy experience through intensive dispute resolution courses.

• Professor Peter Markowitz spoke to Fox 5 New York about the importance of NYC’s sanctuary city laws.

• Professor Saurabh Vishnubhakat was quoted in The Guardian and Forbes on TikTok’s legal future under President Trump.

• Professor Jocelyn Getgen Kestenbaum appeared on ABC News to reflect on International Holocaust Remembrance Day and the rise of global …

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P*Law 2025: The Future Of The National Labor Relations Act Under Trump, Center For Public Service Law, Trader Joe's United, Julien, Mirer, Singla & Goldstein, Pllc, Working People’S Law Center

2024–2025 Flyers

A P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.

Voices For Justice: Firsthand Accounts Of Innocent People Fighting For Access In New York’S Post-Conviction Process, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

In 2018, the New York State Court of Appeals’ decision in People v. Natascha Tiger created an insurmountable obstacle for wrongfully convicted individuals pursuing innocence claims. The ruling held that a guilty plea precluded persons accused of crime from challenging their conviction in the absence of newly discovered, exculpatory DNA evidence. This is a troubling fact given 97% of felony convictions and 99% of misdemeanor convictions in New York State are resolved by guilty plea. The National Registry of Exonerations documented that 24% of all exonerated people across the United States pled guilty to crimes they did not commit. According …

Cardozo Students Learn Mediation Through Intensive Dispute Resolution Courses, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Over 50 Cardozo students took part in January’s intensive dispute resolution courses, gaining hands-on training in mediation, arbitration, and collaborative law through simulations led by expert faculty and practitioners.

Students Sharpen Litigation Skills At 42nd Annual Itap, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo Law’s 42nd Annual Intensive Trial Advocacy Program brought together 52 students and over 75 legal professionals for two weeks of immersive courtroom training, reinforcing the school’s A+ ranking in Trial Advocacy from preLaw Magazine.

P*Law 2025: Mentor Mocks - A Joint Production Of Sba And Ocs, Center For Public Service Law, Cardozo Student Bar Association, Cardozo Office Of Career Services, Katten Muchin Rosenman Llp

2024–2025 Flyers

Mentor Mocks, presented by SBA and OCS and sponsored by Katten, offered 1L students the chance to practice interview skills through mock interviews with upper-class students.

P*Law 2025: Public Interest Law Internship Application Workshop, Center For Public Service Law, Public Interest Law Student Association (Pilsa)

2024–2025 Flyers

A Public Interest Law workshop hosted by PILSA on January 29, offering students help with internship application materials like cover letters, résumés, and writing samples.