Law Commons^™

White Monsters: Understanding Whiteness As Social And Legal Monstrosity, Steven Sacco

Cardozo Journal of Equal Rights & Social Justice

The article argues that whiteness operates as a socially and legally constructed monstrosity, perpetuating systemic inequality and destructive power through both intentional and nonintentional mechanisms. By employing monster theory, the analysis reveals how whiteness adapts and evolves to maintain its dominance, often through legal frameworks that obscure its harmful effects. The Supreme Court's decision in Plyler v. Doe, while advancing justice in some aspects, also exemplifies how the law can perpetuate inequality by overlooking historical and social contexts.

Greater Of Two Evils: Trial Penalty Or Plea Penalty?, Breanne Potter

Cardozo Journal of Equal Rights & Social Justice

The article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the "plea penalty," which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms …

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.

Not Just Mercy: Governors Should Use The Executive Clemency Power As A Corrective Tool For Mass Incarceration, Laura Tierney

Cardozo Journal of Equal Rights & Social Justice

The note argues that state governors should revive the use of executive clemency as a corrective tool to address mass incarceration and its disproportionate impact on communities of color. Executive clemency, which includes pardons, commutations, and sentence reductions, offers a means to provide immediate relief and promote social justice. The author emphasizes the historical roots of clemency as a check on the criminal justice system and advocates for its use to reduce prison populations and counteract the legacy of punitive policies.

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

Unlocking The Vote: Hopkins V. Hosemann As A Catalyst For Restoring Voting Rights To Nonviolent Felons, Emily K. Abrams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann

Cardozo Journal of Equal Rights & Social Justice

The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Dignifying Queerness, Ryan Thoreson

Cardozo Law Review

In recent years, courts that have affirmed the right of lesbian, gay, bisexual, and transgender (LGBT) people to engage in same-sex activity have often invoked the value of dignity. They have done so in spite of the fact that same-sex activity, and many other kinds of sex, have historically been deemed undignified and subject to criminal prohibition. This Article examines a rapidly growing body of comparative jurisprudence to examine how dignity has become an unlikely cornerstone of efforts to decriminalize same-sex conduct. By invoking dignity, courts have persuasively struck down some of the most immediate and egregious restrictions on sexual …

Multi-Generation Queer Families: Foregrounding The Lgbtqia+ Children Of Lgbtqia+ People, Bella Mancini Pori, Edward Stein

Articles

In the last several years, state legislatures have passed a disturbing array of anti-queer laws that target queer (especially trans) children. The basic fear animating these laws is that exposure to LGBTQ people or LGBTQ supportive ideas will somehow turn straight children queer. LGBTQ activists have responded to the concern that exposure to queer people or ideas will make children queer by arguing that sexual orientations are innate or immutable. This immutability argument is problematic, first, because it avoids confronting the normative judgment at the heart of the fear of a queer child by failing to say that there is …

Women On Death Row In The United States, Sandra Babcock, Nathalie Greenfield, Kathryn Adamson

Cardozo Law Review

This Article presents a comprehensive study of forty-eight persons sentenced to death between 1990 and 2022 who were legally recognized as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence (“GBV”), and prior involvement with the criminal legal system. We also explore the nature of the women’s crimes of conviction, including the role of male codefendants and the state’s use of aggravating factors. Finally, we reveal …

Anyone You Are Related To Can Be Used Against You: Criminal Discovery Statutes And Investigative Genetic Genealogy, Caroline Levine

Cardozo Law Review

The use of investigative genetic genealogy (“IGG”) as a basis for arresting suspects in complex and dormant investigations is raising serious concerns about whether the due process rights of criminal defendants in these cases are being violated. This Note provides a comprehensive look at the role of this groundbreaking, yet little-understood technology in criminal prosecutions. Technological advances have historically necessitated that courts expand and reinterpret legal principles. As a novel derivative of traditional DNA testing, this Note argues IGG should similarly require that discovery statutes be amended or rewritten to adapt to this cutting-edge technique, which is so new that …

A Missed Opportunity: Clarifying Presidential Power Under The Procurement Act, Anthony Porcelli

Cardozo Law Review

In late 2021, President Biden relied on the Procurement Act to sign an Executive Order effectively requiring every employee of any private company that contracts with the federal government to be fully vaccinated for COVID-19. While the mandate was ultimately rescinded less than two years later, it produced four inconsistent federal circuit court opinions that together expose the problems with existing judicial frameworks for analyzing executive authority under the Procurement Act.

This Note explores the growth of the federal procurement industry, the evolution of executive orders under the Procurement Act, and the existing jurisprudence for executive power under the Act. …

Table Of Contents - Cardozo Law Review, Volume 46, Issue 1

Cardozo Law Review

No abstract provided.

Privacy Law’S Role In An Information Economy, Sari Mazzurco

Cardozo Law Review

What do we lose when we lose our privacy? A slew of recently enacted state laws suggest that the loss of privacy is merely a loss of individual choice in the market exchange of services for personal information. This Article argues that a loss of privacy risks something greater: the collapse of complex and fluid social identity. Without privacy, individuals cannot nurture their own senses of self because they are no longer free to try on different social roles across diverse relationships. Pervasive, private data collection threatens multifaceted selfhood by eliminating the boundaries that make social roles distinct and hindering …

The Forever Family’S Legal Loophole: A 50-State Survey On Adoption Dissolution, Kira Kilstein

Cardozo Law Review

Adoption is said to be “forever”—longing parents fulfill their dream of parenthood and children get a “forever family.” While the legal system intends for adoptive parent-child relationships to be permanent, a happily-ever-after ending is elusive when adoptions are enabled to fail. In the United States, each state can set its own standard for when courts may grant a request to dissolve an adoption, as well as time limits within which a parent may ask the court to vacate the adoption decree. This legal loophole, known as adoption dissolution, has been met with controversy about the permissibility of parents giving up …

The Second Circuit Considers Whether Instacart Shoppers Are Exempt From The Federal Arbitration Act In A Post-Bissonnette World, Emily Prendergast

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

The gig economy consists of individuals, known as gig workers, who perform on-demand labor through digital platforms, such as apps or websites. This structure provides gig workers flexible employment opportunities and autonomy over their hours.  However, employers often incorrectly label gig workers as independent contractors, allowing employers to avoid paying federal and state taxes while also withholding worker protections typically required by federal law.  Mislabeling gig workers persists due to the lack of state regulations defining the scope of employment relationships in the emerging gig industry, and the enforcement of arbitration clauses between workers and employers hinders the enactment of …

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

2024 Event Invitations

Join Dean Leslie and Professors Sam Weinstein, Matt Wansley and Jacob Noti-Victor for a discussion on IP and Innovation. Some of the topics discussed will be recent legal developments in the fields of antitrust, big tech, startups, venture capital and artificial intelligence, as well as any questions raised by student attendees.

People Or Profit? The National Mediation Board Must Also Prioritize Workers, Leah Susman

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

For over five years, United Airlines (“United”) flight attendants, represented by their union, the Association of Flight Attendants (“AFA-UA”), have faced stalled contract negotiations with United management.  The AFA-UA is calling for wage increases and improved schedule flexibility.  The starting pay rate for a United flight attendant maxes out at about $25,992 per year, and some employees have to rely on food stamps and alternative housing options because they cannot afford to pay rent.  Unwilling to work under these conditions any longer, the AFA-UA voted 99.99% in favor to authorize a strike on August 24, 2024.

This post was originally …

Shifting Priorities: A Comparative Assessment Of The Trump And Biden Administrations’ Conventional Arms Policies, Jeremy Coppola

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

The United States “cannot be both the world’s leading champion of peace and the world’s leading supplier of weapons of war”. The United States Conventional Arms Transfer (“CAT”) Policy establishes the executive branch’s priorities and reasoning for the export of conventional arms to other nations. At its inception in 1979, CAT Policy was a “policy of self-imposed restraint” with regards to arm sales and transfers to any nation. It has since evolved, with each subsequent administration having its own view of the role the United States should play in championing peace. The Biden Administration has made significant progress in advancing …

Cardozo Law News Brief: September 20, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Michael Pollack
• Luis Carlos Calderon Gomez
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Anthony Sebok
• Edward Zelinsky

Campus News:

• Immigration Justice Clinic Releases New Report that Exposes Failures of Immigration and Customs Enforcement to Provide Language Access to Detainees

Immigration Justice Clinic Releases New Report That Exposes Failures Of Immigration And Customs Enforcement To Provide Language Access To Detained People, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2024

In early September, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) released Held Incommunicado: The Failed Promise of Language Access in Immigration Detention, the first report of its kind, focusing on how language access was denied to those who have limited English proficiency being held in U.S. Immigration and Customs Enforcement (ICE) detention facilities. The denial of language access the report uncovered includes multiple instances of ICE not providing translators and interpreters, impeding detained peoples' ability to request medical care and legal assistance, and demonstrates that the agency failed to meet its own guidelines.

Safecity - Crowd Mapping Sexual And Gender Based Violence, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2024–2025 Flyers

No abstract provided.

Scotus Term Preview & Retrospective, Floersheimer Center For Constitutional Democracy

2024–2025 Flyers

No abstract provided.

The Scotus Term Preview & Retrospective, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Elizabeth Goldman, Michael Herz, Saurabh Vishnubhakat

2024 Event Invitations

The Floersheimer Center for Constitutional Democracy invites you to the SCOTUS Term Preview & Retrospective, as part of the Cardozo School of Law’s Constitution Day program. Join Professors Wilfred Codrington, Haiyun Damon-Feng, Elizabeth Goldman, Michael Herz, and Saurabh Vishnubhakat as they discuss recent Supreme Court decisions and preview the upcoming term.

Nuclear Weapons And International Law: Existential Risks Ofnuclear War And Deterrence Through A Legal Lens, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2024–2025 Flyers

No abstract provided.

Book Talk: Nuclear Weapons And International Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Kukin Program For Conflict Resolution

2024 Event Invitations

Please join Visiting Clinical Instructor Brett Jones for an engaging book talk with Charles J. Moxley Jr., author of Nuclear Weapons and International Law: Existential Risks of Nuclear War and Deterrence Through a Legal Lens. Explore the critical legal challenges posed by nuclear weapons and the urgent need to reassess deterrence strategies through a legal perspective. This book talk offers a unique opportunity to hear from an expert in international law and gain insights into the legal pathways to reducing the risks of nuclear conflict in our time.

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

Cardozo Law News Brief 2024

Featured Faculty:

• Lindsay Nash
• Myriam Gilles
• Betsy Ginsberg
• Emmanuel Arnaud
• Young Ran (Christine) Kim

Cardozo Black Law Students Association Presents: Picnic In Central Park, Black Law Students Association (Blsa)

2024–2025 Flyers

No abstract provided.

Cjcr Publishes Volume 25, Issue 3 (Summer 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 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.

Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024.