Law Commons^™

Scientist Zafra Lerman To Receive Cardozo’S 24th Annual International Advocate For Peace Award In March, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Scientist, educator, and humanitarian Dr. Zafra Lerman will be honored with Cardozo School of Law’s 24th International Advocate for Peace Award on March 6, 2025. Presented annually by the Cardozo Journal of Conflict Resolution, this award recognizes individuals and organizations who demonstrate excellence in conflict resolution. Lerman is being recognized for her work as President of the Malta Conferences Foundation, where she brings together scientists from historically hostile countries in the Middle East to collaborate on issues such as environmental health and energy. She is also a renowned advocate for scientific freedom and human rights.

The New Glass Ceiling, Andrea K. Schneider, Abigail R. Bogli, Hannah L. Chin

Articles

Until the last decade, gender inequality in the legal profession was selfevident. Law school classrooms and law firm offices were overwhelmingly filled with men. In recent years, women have outnumbered men in law school classes and reached parity with men among first-year associates. These developments have created the misperception that gender equality has been achieved. In this Article, we challenge this complacency. We present new evidence from a detailed case study of law firms in a midsize city, showing that women remain underrepresented in leadership roles and underpaid relative to their colleagues. We then show how the limited opportunities and …

Civil Rights Clinic Files Brief In Solitary Confinement Lawsuit Against Mayor Eric Adams, Cardozo Civil Rights Clinic

Cardozo News 2024

The New York City Council and Public Advocate Jumaane Williams filed a joint lawsuit to invalidate New York City Mayor Eric Adams’ emergency executive orders that suspend parts of Local Law 42, which bans solitary confinement in city jails. Cardozo School of Law’s Civil Rights Clinic represents the #HALTsolitary Campaign & Jails Action Coalition. Clinic students Elisa Davila ’26 and Ciara Lavin ’26, along with Clinic Director Professor Betsy Ginsberg, are filing an amicus brief on their behalf. The organizations joined public defenders’ offices and the New York Civil Liberties Union as amici to the case.

Cardozo Law News Brief: December 6, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Ellen Drucker-Albert
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Matthew Wansley
• Samuel Weinstein
• Richard Weisberg
• Edward Zelinsky

Russia’S Undermining Of International Arbitration: A Pattern Of Subversion, Joseph E. Samuels

Cardozo Journal of Conflict Resolution (CJCR) Blog

Over the last few years, Russia has engaged in undermining the international arbitration system. This pattern culminated in a landmark ruling by the Supreme Court of the Russian Federation on July 26, 2024, effectively restricting the enforcement of international arbitration awards against Russian parties when rendered by arbitrators from “unfriendly” states. The path to this decision began with Russia’s 2020 amendments to its Arbitrazh (Commercial) Procedure Code. The addition of Article 248 allows the courts to assume jurisdiction over disputes covered by an arbitration agreement,[3] where the agreement becomes unenforceable due to “obstacles in access to justice”.

The print edition …

Cardozo's Perlmutter Center For Legal Justice Helps Vacate Convictions Of Four Men Falsely Accused Of 1991 Murder, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Lorain County, OH, Prosecutor J.D. Tomlinson Moves to Vacate Convictions of Four Men Falsely Accused of 1991 Murder

Defendants Collectively Served More than 100 Years in Prison; Joint Motion for Exoneration by all Parties Follows Rally Last Week for the “Ohio 4” Lorain, OH (December 2, 2024)

Professor Jessica Roth Speaks To Bloomberg About Hunter Biden Pardon, Jessica A. Roth

Cardozo News 2024

Professor Jessica Roth appeared on Bloomberg's Balance of Power to discuss President Joe Biden's recent pardoning of his son, Hunter Biden, why Biden pardoned him and why President Biden decided to pardon his son now.

Pclj At Cardozo Shares Statement From Ohio Prosecutor Tomlinson On Vacating Conviction Of "Ohio 4", Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

Statement by Lorain, OH Prosecutor J.D. Tomlinson On Vacatying Conviction of Four Ohio Men Convicted of 1991 Murder

How Adr Can Be Implemented As A Useful Tool With Contract Disputes Between Agents And Their Clientele, Leora Perlstein

Cardozo Journal of Conflict Resolution (CJCR) Blog

The entertainment, sports, and arts industry is a fast-paced and profitable field that draws in a wide range of stakeholders, such as producers, artists, labels, and agents. Contracts play a vital role in safeguarding the interests of all parties in the entertainment industry; they clarify the terms of agreement, protect intellectual property rights, and offer a framework for resolving disputes. Although the idea behind contracts sounds positive and secure for a client, there are darker portrayals of the arts and entertainment industries— or, for example, a record company— which may try to stifle a young artist’s creativity through deception in …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 2

Cardozo Law Review

No abstract provided.

Human Capital Disclosure & Corporate Governance: The New Evidence, George S. Georgiev

Cardozo Law Review

This Article explores the evolution of human capital disclosure—firm-supplied information about various workforce-related matters—as a factor in contemporary corporate governance. Regulatory and nonregulatory developments from recent years have upended longstanding practices and generated extensive new evidence. Most notably, the Securities and Exchange Commission (SEC) adopted a human capital management (“HCM”) disclosure mandate in 2020, which, though long overdue, was criticized from the outset for its modest scope and lax design. In the meantime, courts have taken a renewed interest in board of directors’ oversight responsibilities in a number of areas, including HCM, while labor’s power has unexpectedly increased in some …

Colonizing By Contract, Emmanuel H. Arnaud

Articles

Since 1898, Puerto Rico has been a territory of the United States, meaning that Congress wields plenary power over the Island. Although scholars have highlighted the history and some modern manifestations of this power, conversations about how plenary power affects the territories have largely ignored constitutional criminal procedure.

This Article is the first to center the territory’s criminal legal system within the broader debate over the exercise of plenary power. In doing so, it fills significant gaps in the constitutional and criminal law literature on the territories by uncovering how the federal government’s plenary power affects local criminal adjudication. This …

A Distinct System For Presidential Succession On Inauguration Day: Getting The Most Out Of Section 3 Of The Twentieth Amendment, Brian C. Kalt

Cardozo Law Review

The current presidential-succession statute uses the same line of succession for every conceivable situation. But there are many different types of potential succession scenarios. Succession need not—and should not—be governed by a one-size-fits-all approach.

Before the Twentieth Amendment was ratified in 1933, the Constitution authorized Congress to provide only for double vacancies during the term, when there already is a President and Vice President. Recognizing this gap, Section 3 of the Twentieth Amendment empowered Congress to cover inauguration-day double vacancies: at the outset of a term, when nobody is available to become President or Vice President in the first place. …

Carceral Apartheid: Centering State Responsibility For The Racial Order, Ion Meyn

Cardozo Law Review

Racial harms are often attributed to private ordering. But the power of White communities to subordinate communities of color is not a constellation of private acts independent of state violence. When scrutinized, acts of racial exclusion, segregation, and violence persist to the extent they are aligned with the political order and backed by the state’s violent guarantee. The knowledge that any resistance to these acts will be met with state retribution bristles in the background.

There are different ways in which state violence produces and reproduces the racial order: (1) direct violence; (2) a violent guarantee backing communal acts of …

Predetermined Event Wagering And Betting On The Past, Emmaline Friederichs

Cardozo Law Review

The newfound freedom of states to legalize sports betting following the demise of the Professional and Amateur Sports Protection Act in 2018 has led to rapid growth of the sports betting market. In an attempt to further capitalize on the appetite for sports wagering, states and sportsbooks have recently started to expand their offerings by opening betting lines on entertainment award shows. This move, paired with WWE’s recent interest in entering the market, has raised concerns that predetermined events are particularly vulnerable to event manipulation and betting using insider information. This Note argues that the current state regulatory schemes are …

A One-Egg Wonder: Working To Cure Judicial Gender Bias And Increase Access To Pre-Embryos For Infertile Parties, Nicole Marks Kaufman

Cardozo Law Review

The first live birth of a child conceived from in vitro fertilization (“IVF”) happened in 1978. Today, over eight million children have been born through IVF procedures. The first dispute over the resulting pre-embryos was in 1990 when the Tennessee Supreme Court outlined a balancing approach with a presumption favoring non-use of the pre-embryos for courts to follow when resolving these matters. Numerous states have taken differing approaches—some have taken a contractual approach, others an approach requiring contemporaneous mutual consent before there can be a departure from the status quo, and very few state legislatures have directly addressed how to …

Two Forms Of Formalism In Contract Law, Gregory Klass

Cardozo Law Review

Formalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This Article addresses that need by providing a general theory of contract exposition and differentiating between two forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is,” the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. This Article provides a detailed analysis of …

“Split My Award With Whom?” A Case For Plaintiff Incentive Awards And Plaintiff-Attorney Fee Splitting In Class Action Lawsuits, Ilana Kruchenetskaya

Cardozo Law Review

Named plaintiffs are the heart of class action lawsuits—without them, there is no class action. To motivate these individuals to be the face of the class and compensate them for their role in the litigation process, courts typically approve named plaintiff incentive awards when such awards are included in settlement offers. Recently, however, the Eleventh Circuit held that these awards are prohibited under purported Supreme Court precedent from the late 1800s. This decision undermines the future of class actions by removing any incentive individuals may have in taking on the extra work and scrutiny of bringing a class action lawsuit. …

Bar Exam Primer Workshop For 2ls, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Quantifying And Measuring The Use Of Adr Methods In International Cultural Property Disputes, Isioma Okocha

Cardozo Journal of Conflict Resolution (CJCR) Blog

The use of alternative dispute resolution mechanisms to retrieve illegally acquired cultural artifacts, looted colonial-era art, and other cultural property obtained through dubious means has increased. Alternative Dispute Resolution methods such as negotiation, mediation, and arbitration have been used to resolve international cultural property disputes. International institutions have made efforts to facilitate the return of cultural property. The United Nations Educational, Cultural, and Scientific Organization (UNESCO) established the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation (ICPRCP) in 1978. Additionally, UNESCO adopted the Convention on the Means of Prohibiting and Preventing …

Cardozo Law News Brief: November 22, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Lela Love
• Stewart Sterk
• Christine (Young Ran) Kim
• Michael Pollack
• Michel Rosenfeld
• Edward Zelinsky

Lela Love, Founder Of Cardozo’S Kukin Program For Conflict Resolution, Honored At Peace Gala, Kukin Program For Conflict Resolution

Cardozo News 2024

Inspirational. Compassionate. Revolutionary.

Those were among the adjectives that guests at Cardozo’s Peace Gala used to describe Professor Lela Love, the founding director of the law school’s Kukin Program for Conflict Resolution.

Burns Center Book Talk, Jacob Burns Center For Ethics In The Practice Of Law, Glenn A. Fine

2024–2025 Flyers

Glenn Fine was the Inspector General of the Department of Justice in the Clinton, Bush and Obama Administrations. He was also the acting Inspector General of the Department of Defense from 2016 until 2020, when he was replaced by former President Trump as part of a series of IG firings that the Washington Post called a "slow-motion Friday night massacre." Fine will talk about the role Inspector General play in holding the federal government to account and why he thinks they need more protection.

Careers In Labor & Employment Law, Cardozo Labor And Employment Law Society, Troy Kessler, Ilona Ehrlich, Justin Reiter, Robert Rose, Emily Hoffman

2024–2025 Flyers

No abstract provided.

Book Talk: Watchdogs: Inspectors General And The Battle For Honest And Accountable Government, Jacob Burns Center For Ethics In The Practice Of Law

2024 Event Invitations

Inspectors General have been called the most powerful public officials you’ve never heard of. They work inside federal agencies, exposing corruption and ferreting out waste, fraud and abuse. But they’re also vulnerable to removal at the whim of the president. Glenn Fine was the Inspector General of the Department of Justice in the Clinton, Bush and Obama Administrations. He was also the acting Inspector General of the Department of Defense from 2016 until 2020, when he was replaced by former President Trump as part of a series of IG firings that the Washington Post called a “slow-motion Friday night massacre.”

The Role Of Mediation In Resolving First Amendment Disputes, Particularly In Cases Involving Freedom Of Speech Or Religion, Brian Lakhtarnik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The First Amendment of the United States Constitution reads:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

In other words, all U.S. residents are guaranteed freedom of expression, religious practices, and free assembly. This article explores how Alternative Dispute Resolution could be applied to First Amendment conflicts, particularly in disputes over freedom of speech.

The print edition of the issue has also been …

Robyn Weinstein Appointed To Statewide Advisory Committee On Adr, Robyn Weinstein

Cardozo News 2024

Robyn Weinstein, director of the Cardozo Mediation Clinic and Associate Director of the Kukin Program for Conflict Resolution, was appointed to the Statewide Advisory Committee on Alternative Dispute Resolution on October 29.

A Boutique Startup That Balances Creativity With Flexibility, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Founding and serving as a managing partner at her own boutique law firm—ESCA—was not something that Francesca Witzburg ’14 planned during or immediately after her years in law school. She aspired to pursue a career in big law and eventually make partner.

The Arrest Of Telegram Ceo Pavel Durov & What It Says About Europe’S Approach To Privacy, Soraya Mazarei

Cardozo International & Comparative Law Review (CICLR) Blog

On August 24, 2024, Pavel Durov, the CEO of the messaging app Telegram, was arrested in Paris. French authorities have charged him with various crimes, including complicity in the distribution of child pornography, the sale of illegal drugs, and the distribution of hacking software. Durov is banned from leaving France and must check in at a police station twice a week. If convicted, Durov faces a ten-year prison sentence. French prosecutors are holding Durov criminally liable for permitting criminal activity to go unchallenged on Telegram. This indictment is possible under France’s LOPMI law, which was passed in January 2023. Under …

Mandatory Public Service Summer Stipend Meetings, Cardozo Center For Public Service Law

2024–2025 Flyers

Session 1: November 18, 1pm; room 424

Session 2: November 20, 1pm; room 424

Session 3: November 22, 1:30pm; room 423