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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.

Cardozo Law News Brief: August 30, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Gabor Rona
• Anthony Sebok

Practice Makes Perfect – Or At Least Better!, Joshua Levine

Library Staff Online Writings

This fall, I will teach my third semester of Advanced Legal Research at Cardozo School of Law. With the support of the library, I have learned a great deal about how to teach effectively over the past year. They gave me the opportunity to conduct a mock ALR class this summer, which helped me tremendously. In this post, I will describe my journey as a new adjunct professor.

The Perlmutter Center For Legal Justice At Cardozo Law Expands Its Team, Perlmutter Center For Legal Justice At Cardozo Law

Cardozo News 2024

The Perlmutter Center for Legal Justice at Cardozo Law announced it has expanded its team through the hiring of Benjamin Burger ’05 and Karena Rahall as Senior Staff Attorneys. The expansion of the team is a result of the $1M in funding the Perlmutter Center received from international law firm Milbank LLP earlier this year which also established the Milbank Exoneration and Resentencing Review Unit at the Perlmutter Center.

Welcome Back Summer Bbq, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.

Cardozo Law News Brief: August 23, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Emmanuel Arnaud
• Ellen Drucker-Albert
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Edward Zelinsky

Campus News:

• Cardozo Marks New School Year by Welcoming Newest Class of J.D., LL.M. Students

Cardozo Marks New School Year By Welcoming Newest Class Of Jd, Ll.M. Students, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo welcomed its newest members of the JD and LL.M. community during orientation this week.

Approximately 260 students in the fall JD class began their law school journey. Many are native New Yorkers, while others traveled from other countries to study at Cardozo. About half have already worked in the legal field with various law firms or in different professional careers.

Cardozo Welcomes Forum For Jewish Leadership For A Discussion About Immigration Law With Adjunct Professor Michael Wildes ’89, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo welcomed students with the Forum for Jewish Leadership (FJL) on July 23 to hear from Adjunct Professor Michael Wildes ’89 about immigration law.

Cardozo Law News Brief: August 9, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Alexander Reinert
• Rebekah Diller
• Jocelyn Getgen Kestenbaum
• Michael Pollack
• Michel Rosenfeld
• Stewart Sterk

Nalp Names Sherry-Ann Smith-Gomez As Recipient Of Service Excellence Award, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The National Association for Law Placement (NALP) announced on Tuesday that Sherry-Ann Smith-Gomez, senior director of Career Services and coordinator of Diversity Initiatives at Cardozo, has received a NALP Service Excellence Award.

The Death Of The Gid Exclusion: Williams V. Kincaid Revitalizes The Ada For Trans Litigants, Alexandra Newman

Cardozo Law Review

Kesha Williams is a transgender woman with gender dysphoria who spent six months incarcerated in the Fairfax County Adult Detention Center in Virginia. When Williams first entered the facility, she was assigned to women’s housing and given the uniforms typically provided to female inmates. However, upon learning that Williams had not undergone transfeminine bottom surgery, prison deputies stripped Williams of her female undergarments and transferred her to the men’s side of the facility. There, Williams was harassed by other inmates, misgendered by prison deputies, and delayed in receiving medical treatment for her gender dysphoria. Following her release, Williams asserted several …

Table Of Contents - Cardozo Law Review, Volume 45, Issue 6

Cardozo Law Review

No abstract provided.

“Today, The Constitution Prevails”: A History And Legacy Of Constitutional Racism, Zamir Ben-Dan

Cardozo Law Review

In a decision that surprised almost no one, the United States Supreme Court struck down the affirmative action programs at Harvard College and the University of North Carolina. The majority opinion recounted a jurisprudential history that started with the Fourteenth Amendment, jumped to Plessy v. Ferguson, and lingered on the progeny of Brown v. Board of Education. The opinion hailed Brown as the ultimate triumph, the case that spelled the beginning of the end of racism in America. It declared that the purpose of the Equal Protection Clause is to eliminate “all governmentally imposed discrimination based on race.” …

Justice Theater In The Criminal Law Curriculum, Gregory Brazeal

Cardozo Law Review

For the last half-century, law students have been required to take a criminal law course that ostensibly trains them to think critically about the justifications for criminal punishment. The same students have then gone on to serve as central actors in a system of mass incarceration that millions of Americans today view as profoundly unjust.

How did this happen?

A number of legal scholars, notably including Alice Ristroph in her 2020 Article “The Curriculum of the Carceral State,” have argued that the traditional criminal law curriculum has played a role in creating and reproducing the practices of mass incarceration. This …

Power For The People: Recognizing The Constitutional Right To Vote For President, Charlie Martel

Cardozo Law Review

On January 6, 2021, a mob attacked the United States Capitol to overthrow the certification of the legitimately elected president and install the election loser, Donald Trump. Before this, there was another coup attempt. Trump and his team pressured state legislators and officials not to certify legitimately elected presidential electors, and to instead certify fake electors for Trump. This was based on the theory that the Constitution grants states “plenary power” to select presidential electors, even if this means cancelling citizen elections or rejecting their outcome. The coups failed—this time.

There should be no next time. The Supreme Court should …

The U Visa: A Remedy For Vulnerable Immigrants Scammed By Unscrupulous Attorneys, Jennifer Piñeros

Cardozo Law Review

As of 2018, the Department of Homeland Security (DHS) estimates that there are eleven million unauthorized immigrants† living in the United States. Due to limited resources, DHS has taken the position that it “cannot respond to all immigration violations or remove all persons unlawfully [residing] in the United States.” Congress has failed to enact comprehensive immigration reform, despite numerous attempts, since the Reagan administration. This leaves the unauthorized population in a limbo often characterized as “living in the shadows”—relegated to fading into the background so as to not draw the attention of immigration enforcement authorities. Immigration status impacts many …

Pluralist Justice And Liberal Constitutionalism: A Reply To Critics, Michel Rosenfeld

Cardozo Law Review

An author is privileged to have his work seriously considered and evaluated by a group of preeminent scholars from different disciplines and parts of the world. This is even much more the case with respect to my book, A Pluralist Theory of Constitutional Justice: Assessing Liberal Democracy in Times of Rising Populism and Illiberalism, which was written in times of self-isolation due to the COVID-19 pandemic, thus lacking the input of the customary testing of ideas in conversations with colleagues with whom one habitually interacts while on campus. I am grateful for the live symposium on my book that …

The Chronic Growing Problem: Environmental And Social Justice Concerns With Indoor Cannabis Grows, Gina S. Warren

Cardozo Law Review

The rapid legalization of recreational marijuana across states has created environmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social consequences. Indoor cultivation facilities require massive energy inputs, resulting in grid strain, pollution, and an increase in greenhouse gas emissions. Moreover, the placement of these facilities often occurs in historically marginalized low-income communities, furthering environmental injustice and social harms, as these areas are disproportionately affected by the pollutants emitted from the cultivation processes, such as molds, bacteria, …

Is Grammar Religious Exercise? Addressing Transgender Students And The Limits Of The Complicity Doctrine, Saul R. Thorkelson

Cardozo Law Review

May teachers reject transgender students’ names and pronouns on religious grounds? Across the United States, many schools and universities have adopted policies calling on staff to use all students’ designated first names and gender-congruent pronouns. A number of conservative Christian teachers have claimed that they cannot address transgender students in this way without violating their religious beliefs. In several cases, after unsuccessful attempts by administrators to accommodate these objections, teachers who were subject to employment consequences have brought lawsuits alleging violation of their religious liberty and free speech rights.

This Note employs two recent cases to examine courts’ reasoning on …

Cardozo Law News Brief: July 26, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Nargis Baran
• Val Myteberi
• Gary Galperin
• Michael Pollack
• Ellen Drucker-Albert
• Michel Rosenfeld

Cardozo Law News Brief: July 12, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Stewart Sterk
• Samuel Weinstein
• Jessica Roth
• Luis Calderon Gomez
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld

Campus News:

• Cardozo Cheers on NYC Pride March at Ninth Annual Pride Brunch
• Professor Gary Galperin Speaks to Washington Post and Other Outlets About the Trump Trials

Cardozo Cheers On Nyc Pride March At Ninth Annual Pride Brunch, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The lobby of Cardozo’s Ruth & H. Bert Mack Pavilion was bursting with rainbow colors on June 30 as students and alumni gathered to celebrate the school’s LGBTQIA+ community while cheering on the NYC Pride March during the ninth annual Pride Brunch.

Brief For Amici Curiae New York State Legal Scholars In Support Of Defendants-Respondents, Wilfred U. Codrington Iii, Michael Pollack

Amicus Briefs

This document presents a legal brief submitted by amici curiae in a case involving prominent Republican plaintiffs challenging the constitutionality of New York State's absentee voting provisions. The brief emphasizes the fundamental importance of voting as enshrined in the New York Constitution, particularly Article II, which guarantees suffrage to all qualified citizens. It argues that the Constitution's democracy principle supports broad access to the electoral process, countering the plaintiffs' claims that the absentee voting provisions are overly restrictive. The amici curiae assert that the legislative authority to expand voting access is consistent with the overarching democratic commitments of the Constitution. …

2023-2024 Annual Report, Miguel J. Colon Jr.

LARC Annual Reports

The 2023–2024 Annual Report for the Scholarly Services team at the Benjamin N. Cardozo School of Law highlights the team’s major accomplishments in advancing the visibility and impact of the law school’s scholarly work. The report details the ongoing management of the LARC repository, which experienced a notable increase in usage and engagement over the past year. It also showcases the launch of new digital series and the processing of the Benjamin N. Cardozo Papers. Through their work, the team continues to support the preservation of the school’s intellectual legacy, promote research visibility, and contribute to academic excellence—serving as a …

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …

The Thin Red Line: Neutrality And Belligerency In Modern Conflicts, Thibault Moulin

Cardozo International & Comparative Law Review

Since the invasion of Ukraine, Western states have faced a dual red line, i.e., at what point neutrality loss and co-belligerency occur. In this Article, I argue that neutrality law is still relevant regarding arms transfers and troop training, which are prohibited, but is often ill-suited to regulate activities like intelligence sharing, which is not subject to a specific treaty or customary rule. As this Article argues, this is because "impartiality" cannot be described as an abstract and autonomous rule, but rather as an umbrella principle underpinning the law of neutrality. It means that helping a belligerent is not ipso …

2024 Summer - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Summer 2024 issue of the CLIHHR Newsletter reflects on the Institute’s work amid escalating global human rights crises, including conflicts in Ukraine, Israel and Palestine, and Sudan. It highlights student advocacy on slavery and crimes against humanity, clinic collaborations at the United Nations, faculty engagement in international legal forums, the launch of a major report on slavery and the slave trade, and community achievements. The newsletter underscores CLIHHR’s commitment to atrocity prevention, survivor-centered justice, and human rights education.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 7, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

Reaching An Aim Differently? Corporate Social Responsibility Regulation In Australia And India, Mia Mahmudur Rahim, Mohammad Abu Sayeed

Cardozo International & Comparative Law Review

Businesses incorporate corporate social responsibility principles mainly through voluntary and mandatory approaches. Advocates of the voluntary approach believe that companies can use charitable initiatives as a management tool to meet social and environmental expectations and that mandating Corporate Social Responsibility ("CSR") would not encourage companies to prioritize anything beyond profits. Opponents argue that without legal requirements to drive social responsibility, relying on companies to self-regulate would not effectively integrate social values into corporate behaviors. Instead, they suggest that legal regulation of CSR can offer a more effective strategy. This Article examines the limitations ofthese two approaches by analyzing Australia, which …

Nationality And Naturalizations In International Sports Law: Sports Federations As Gatekeepers, Ilias Bantekas

Cardozo International & Comparative Law Review

The institutional rules of International Sports Federations ("IFs") and the International Olympic Committee ("IOC") concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the international legal sphere. The international sporting arenas qualify as international legal space, but the compatibility of naturalization laws with this legal space is regulated and enforced not by states, but by non-state entities, namely IFs and the IOC. These institutional rules possess a normative character because the pertinent stakeholders consent to …