Law Commons^™

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 …

The Complex Issue Of Taxpayer-Funded Crisis Relief For Religious Organizations: Exploring The Blurring Of Church And State And The Potential Role Of Germany's Church Tax, Sarah Batterman

Cardozo International & Comparative Law Review

The note explores the legal and ethical implications of providing taxpayer-funded crisis relief to religious organizations, particularly through the Paycheck Protection Program (PPP) during the COVID-19 pandemic. It highlights the tension between the Free Exercise Clause, which supports equal access to public benefits for religious groups, and the Establishment Clause, which prohibits government endorsement of religion. The note proposes that Germany's church tax system could serve as a model for a U.S. crisis relief program, allowing voluntary contributions to religious organizations without compelling taxpayer support, thus preserving individual religious liberty and compliance with constitutional principles.

Toward A Biometric Privacy Act To Protect Individual Rights: What The United States Can Learn From The European Union And China, Sophia Hilsman

Cardozo International & Comparative Law Review

The note examines the regulatory frameworks governing biometric AI technologies, particularly facial recognition, in the United States, China, and the European Union. It argues that the U.S. currently lacks comprehensive federal legislation to protect individuals' privacy and civil liberties in the face of advancing biometric technologies. The analysis advocates for a balanced regulatory approach that mitigates the risks of mass surveillance and erosion of privacy while allowing for beneficial uses of biometric AI. The author proposes that Congress should adopt federal legislation modeled after the EU's GDPR to establish a baseline for biometric data protection, ensuring consistency and stronger safeguards …

Race Against The Clock: A Comparative Analysis Of New York State's And Germany's Ambitious High-Voltage Transmission Sitting Laws And What New York Can Adopt From The German Model, Andrew Leahy

Cardozo International & Comparative Law Review

The note argues that New York should adopt elements of Germany's centralized regulatory model to streamline the approval and construction of high-voltage transmission lines, which are critical for meeting renewable energy goals. While both New York and Germany face similar challenges in expanding their grids, Germany's centralized approach, including federal oversight and coordinated planning, has proven more efficient. The note critiques New York's decentralized and uncoordinated process, suggesting that adopting Germany's methods could help New York meet its ambitious renewable energy targets and reduce reliance on peaker plants.

Ninth Annual Pride Brunch, Cardozo Alumni Association, Cardozo Outlaw

2023–2024 Flyers

No abstract provided.

New Study Shows Legal Research Platform Ai Tools Do, In Fact, Hallucinate, Olivia Smith Schlinck

Library Staff Online Writings

For better or worse, artificial intelligence (AI) is reshaping the legal landscape. But a recent study highlights a critical issue: AI’s tendency to “hallucinate,” or generate false information. This problem raises significant concerns about the reliability of AI in legal practice.

Cardozo Law News Brief: June 21, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Matthew Wansley
• Alexander Reinert
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Lindsay Nash
• Michel Rosenfeld

Campus News:

• Derrick Hamilton, Deputy Director of the Perlmutter Center for Legal Justice, Featured in The Guardian About Ex-Detective Louis Scarcella, Who Put Him Behind Bars For a Crime He Did Not Commit

Windfall Taxes: The New Trend The United States Refuses To Take Part In, Maxwell Sears

Cardozo International & Comparative Law Review (CICLR) Blog

Russia’s invasion of Ukraine in 2022 resulted in a significant burden on Europe in regard to their energy sector. As a result of this conflict and the European Union’s (“EU”) subsequent restriction of oil and coal from Russia to the EU, the prices of the energy supply as a whole increased. However, companies in the EU were responsible for replacing much of the materials and energy that were once imported from Russia.

This post was originally published on the Cardozo International & Comparative Law Review on June 20, 2024. The original post can be accessed via the Archived Link button …

Digital Barter Taxes: A Legal Defense, Young Ran (Christine) Kim, Darien Shanske

Articles

This short essay, aimed at state legislators, defends digital barter taxes from the most common legal objections.

Cardozo Professor Emeritus Eva Hanks, Pioneer In Legal Education, Dies At 95, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Eva Hanks, a pioneer in legal education and founding member of the Cardozo Law School faculty, died on Wednesday June 12th at the age of 95. Among other firsts, she was a founder in the field of environmental law and Cardozo’s first woman associate dean. During her 38-year tenure at Cardozo she taught Property, Torts and Elements of Law to generations of Cardozo students, before retiring in 2014.

Class Of 2024 Graduates Elected To Order Of The Coif, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo School of Law is proud to recognize 31 members of the Class of 2024 who have been elected to membership in the Order of the Coif. The Order of the Coif is an honorary scholastic society, which encourages excellence in legal education by fostering a spirit of careful study, recognizing those who as law students attained a high grade of scholarship, and honoring those who as lawyers, judges and teachers attained high distinction for their scholarly or professional accomplishments.

Digital Barter Taxes Are Good Tax Policy, Young Ran (Christine) Kim, Darien Shanske

Articles

This short essay, aimed at state legislators, argues that digital barter taxes are good tax policy.

Cardozo Law News Brief: June 7, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Betsy Ginsberg
• Alexander Reinert
• Emmanuel Arnaud
• Jocelyn Getgen Kestenbaum
• Gabor Rona
• Jessica Roth

Campus News:

• Cardozo Celebrates The Class of 2024 at 46th Annual Commencement

Cardozo Celebrates The Class Of 2024 At 46th Annual Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo School of Law celebrated the Class of 2024 during their graduation ceremony at David Geffen Hall at Lincoln Center on June 3.

2024 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding:

Selma Botman, PhD, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks:

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address:

Hon. Ronnie Abrams, U.S. District Judge for the Southern District of New York

Student Remarks:

Meriem Sennoussi, LL.M. Class Speaker, Class of 2024

Polina Pittell, J.D. Class …

The Class Of 2024’S Achievements Celebrated At Pre-Commencement Awards Ceremony, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Excellence, dedication, and stellar were just a few of the words used to describe the outstanding students who were recognized at this year’s Commencement Awards Ceremony. The awards ceremony, which takes place before the Commencement Ceremony, highlights students' hard work inside and outside of the classroom.

Cardozo Law Mourns The Loss Of Gail Cohen ’83, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo School of Law and Yeshiva University mourn the passing of Gail Cohen, a member of Cardozo’s graduating class of 1983 and a pillar of the Cardozo community.

A Survey Of Slavery & The Slave Trade Law, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Benjamin B. Ferencz Human Rights And Atrocity Prevention Clinic

CLIHHR Reports & Policy Submissions

This comprehensive report, compiled by the Benjamin B. Ferencz Human Rights and Atrocity Prevention (HRAP) Clinic at the Benjamin N. Cardozo School of Law from 2020 to 2024, surveys domestic slavery and slave trade laws across States Parties to the Rome Statute. Law students conducted comparative legal research examining how national legislation defines and criminalizes slavery, the slave trade, sexual slavery, and related practices such as trafficking and forced labor. Organized by region, the report presents constitutional and penal code provisions, assesses compliance with international humanitarian law, and highlights legal trends and gaps. It serves as a vital resource for …

Table Of Contents - Cardozo Law Review, Volume 45, Issue 5

Cardozo Law Review

No abstract provided.

Regulating Congressional Insider Trading: The Rotten Egg Approach, Sarah J. Williams

Cardozo Law Review

A 2004 study revealed that the stock portfolios of members of Congress were consistently outperforming those of the investing public. The financial success of federal lawmakers was statistically correlated to the use of nonpublic information obtained while performing legislative responsibilities—reasonably characterizable as insider trading. Cries of dismay over such profiteering by lawmakers have been echoing in the public domain since Samuel Chase, Maryland’s representative in the Continental Congress, directed colleagues to corner the flour market in 1778 after learning that copious quantities of it would be purchased by the government to support the Continental Army. Notwithstanding efforts to apply insider …

The Birth Of The Civil Death Penalty And The Expansion Of Forced Adoptions: Reassessing The Concept Of Termination Of Parental Rights In Light Of Its History, Purposes, And Current Efficacy, Chris Gottlieb

Cardozo Law Review

The legal construct of termination of parental rights—the act of permanently severing the legal relationship between parent and child—is deeply embedded in contemporary American child welfare law. Indeed, since the passage of the Adoption and Safe Families Act of 1997 (ASFA), it can fairly be said that our entire foster care system is structured around the threat of terminating parental rights. From the day a child is taken into state-supervised care, the clock begins ticking toward the possible permanent destruction of the parent-child relationship. In response to the financial incentives in ASFA that reward states for terminating parents’ rights, states …

Comprehensive Pluralist, Political Liberal: Rosenfeld And Rawls, Frank I. Michelman

Cardozo Law Review

A main plot in A Pluralist Theory of Constitutional Justice starts out from a supposition of political common cause between the author and his readers. Together, we are to be concerned with the upkeep and the fate of a certain high form of politics to which we're presumed attached, named by the book's first words as "liberal constitutional democracy" (LCD). The idea is that we want that form of politics to be in actual implementation going forward the best that it can be.

Populists In Power And Constitutional Counternarratives, Giuseppe Martinico

Cardozo Law Review

In this essay I shall comment on A Pluralist Theory of Constitutional Justice by Professor Michel Rosenfeld, by developing three points that have to do with the legacy of Carl Schmitt’s constitutional theory. The first is about the progressive weaponization of constitutional law that characterizes what I call the populist constitutional counternarrative. In particular, I will explore how populists in power use constitutional law. The second point has to do with the notion of constituent power in a context of comprehensive pluralism. The third point is about the relationship between constitutionalism and political theology. The intuition behind this is that …

The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada

Cardozo Law Review

Since the release of Rawls’s A Theory of Justice in 1971, discussions on the role of groups, redistribution, and symbolic recognition have gained unprecedented attention in North America and Europe. How can we ensure equal recognition among groups and foster equitable access to goods in a way that provides fair distribution not only among groups (plurality) but also within groups (the singular) so that all are politically and socially included on a common shared basis (the universal)? While the approach to this question differs between America and Europe—think of French republican universalism and the historical evolution of the concept of …

Minimal Justice, Bernhard Schlink

Cardozo Law Review

Stating what maximum justice demands is straightforward. Justice prevails if everyone is treated equally whenever anything is distributed or if any unequal distribution reflects a particular achievement or needs, and if compensation is always granted if something is taken. Such distribution includes according or assigning any kind of right or duty, which may take the form of opportunities, positions, services, and obligations. When it comes to what may be taken and the form that compensation assumes, the spectrum ranges from property or life and limb, taken through criminal acts and paid for by punishment for such crimes, to intentional or …

Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes

Cardozo Law Review

On July 1, 2022, the Indianapolis Star reported that a ten-year-old Ohio girl, who had been raped and was six weeks pregnant, had sought an abortion in Indiana. Abortion had been outlawed in Ohio mere hours after the Supreme Court overturned Roe v. Wade, but it remained legal ˙in neighboring Indiana. The Ohio girl was able to cross the state border, get the abortion, and—presumably—return home safely. But if lawmakers like those in Missouri, South Carolina, Texas, and a handful of other states have their way, pregnant© children in abortion-restrictive states will be unable to avail themselves of neighboring …

Data Privacy By Contract, Ifeoma Ajunwa, Austin Kamer

Cardozo Law Review

Protecting consumer privacy rights presents a particular challenge given the prevalence of data breaches. This Article notes that current law is woefully inadequate in protecting the privacy rights of consumers. Notably, the law fails in the following four areas: (1) classification of consumer data, (2) lack of a comprehensive approach, (3) after-the-fact focus, and (4) limited accountability for third parties. Although it may be impossible to eliminate all data breaches, more regulations can bolster protection without restricting technological advancements. This Article proposes a contractual approach to privacy protection for consumers. It argues that the creation of mandatory implied contractual terms …

On Comprehensive Pluralism: Two Pluralistic Deficits, Daniel Bonilla Maldonado

Cardozo Law Review

A Pluralist Theory of Constitutional Justice offers a powerful normative theory of liberal constitutionalism: comprehensive pluralism. This theory links liberal constitutionalism with distributive justice. Comprehensive pluralism requires that the three dimensions that compose this concept of justice—redistribution, recognition, and representation—drive the attempts to balance ethos and demos in liberal constitutional democracies, as well as the attempts to balance the singular, plural, and universal dimensions that constitute such political communities. The normative proposal offered by Michel Rosenfeld in his book has numerous strengths. Three of them, which cut across the entirety of his proposal, are particularly noteworthy. On the one hand, …

Speaking Authorship: Honoring Indigenous Language Sovereignty In Joint Authorship Doctrines, Nancy Fu

Cardozo Law Review

In 2022, the Standing Rock Sioux Tribal Council unanimously voted to banish the Lakota Language Consortium (LLC) and its two European founders from the reservation. The LLC began working with the Tribe in the early 2000s to document the Lakota language and created numerous recordings of Lakota elders, a Lakota dictionary, and many other educational materials. However, the LLC registered those works’ copyrights solely under its own name, so Tribe members must now seek the LLC’s permission to use or access them, which may require payment and may not be granted at all, even for recordings of the requestor’s own …

All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

Articles

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …