Law Commons^™

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Redistributing Justice, Benjamin Levin, Kate Levine

Articles

This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite progressives’ increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas— often areas in which defendants are imagined as powerful and victims as particularly vulnerable.

In this Essay, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system …

Dean Melanie Leslie Announces Six New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo News 2024

We welcome these six new members to the Cardozo faculty with great joy. Below are brief biographic sketches of each with links to full details of their academic and career achievements, which are too numerous to list here.

Cardozo Celebrates Public Service At 32nd Annual Inspire! Awards, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo’s Center for Public Service Law celebrated the Inspire! Awards on May 28, a yearly event that honors students, alumni and community leaders who have made strides in public service over the past year.

Cardozo Law News Brief: May 31, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Saurabh Vishnubhakat
• Lindsay Nash
• Michel Rosenfeld

Campus News:

• Dean Melanie Leslie Announces 6 New Faculty Appointments
• Cardozo Welcomes Over 200 Alumni Back to Campus For Homecoming & Reunion
• Cardozo Celebrates Public Service at 32nd Annual Inspire! Awards

Cardozo Welcomes More Than 200 Alumni For Homecoming & Reunion, Benjamin N. Cardozo School Of Law

Cardozo News 2024

More than 200 Cardozo alumni, from the first graduating class of 1979 to the class of 2024, were welcomed back to to the school for this year’s Homecoming & Reunion celebration, held on May 23.

Cjcr Publishes Volume 25, Issue 2 (Symposium 2023), 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 2 (Symposium 2023).

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on May 29, 2024.

Cardozo Law News Brief: May 24, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Matthew Wansley
• Young Ran (Christine) Kim
• Jacob Noti-Victor

Cardozo Law News Brief: May 17, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Kathryn Miller
• Kate Levine
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Edward Zelinsky

Events:

• 2024 Homecoming and Reunion

Cardozo Law News Brief: May 10, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Samuel Weinstein
• Saurabh Vishnubhakat
• Alexander Reinert
• Jessica Roth
• Edward Zelinsky
• Kate Levine
• Michel Rosenfeld
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Jacob Noti-Victor
• Gabor Rona
• Edward Zelinsky

2l Rob Cook Awarded Peggy Browning Fund Fellowship, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Congratulations to Cardozo Law 2L Rob Cook on being awarded a Peggy Browning Fund fellowship in workplace justice advocacy. Securing a Peggy Browning Fellowship is challenging, with over 3,950 applications for the 2024 program.

“Red Soles” And Search Engines: Louboutin Trademark Lawsuit Proves Chatgpt Is Unreliable Evidence Of Secondary Meaning, Gianna Policastro

Cardozo International & Comparative Law Review (CICLR) Blog

Across the globe, high fashion fans recognize “red-soled” shoes as “more than a [mere] color. It’s an attitude.” Christian Louboutin “turned his trademark [red] shade into a[n] internationally recognized symbol of luxury[,] … passion, power, sensuality, love, vitality, and a certain stylish insouciance à la française.” Christian Louboutin created his eponymous brand in 1993, and the French designer has filed trademark applications for its “RED SOLE” mark in numerous countries, including “France, Mexico, Singapore, New Zealand, Australia, the [United States], Moldova, the Philippines, Cambodia, Laos, Brunei, Indonesia, Morocco, Bahrain, Chile, Israel, Switzerland, Vietnam, Malaysia, and India.” Given Louboutin’s global presence, …

2023-2024 Annual Report, Heyman Center On Corporate Governance

Heyman Center Reports

The 2023-2024 Annual Report of the Samuel & Ronnie Heyman Center on Corporate Governance highlights the Center's activities, faculty expertise, student programs, and impact in business and corporate law. Featuring clinics like the Filmmakers Legal Clinic, renowned faculty, and the Heyman Scholars Program, the report showcases the Center's commitment to preparing students for successful careers in corporate governance through academic excellence and practical experience.

A New Framework For Condominium Structural Safety Reforms, Stewart E. Sterk, Reid K. Weisbord

Articles

Forty years after the widespread popularization of residential condominium ownership in the United States, millions of Americans now live in aging, densely occupied structures that are subject to little (if any) ongoing regulation of structural safety. Most structural safety requirements are imposed and enforced at the time of initial construction, thus relegating questions of how to maintain a building’s structural integrity to individual owners and the mechanisms of condominium governance. However, reliance on voluntary action by unit owners too often falters because the divided ownership characteristic of the condominium form deters associations from investing in preventive maintenance. Postponement of critical …

Administrative Reliance, Haiyun Damon-Feng

Articles

Presidential regime change and the federal policy shifts that accompany it raise significant questions concerning continuity, stability, and governance in the administrative state. Presidential policymaking through the administrative state may generate serious reliance interests recognized under administrative law (what this Article calls “administrative reliance”), which agencies must consider prior to enacting policy change. Administrative reliance has developed into a robust form of judicial review over agency action. Administrative reliance has been invoked in highly politicized contexts, such as immigration law, to challenge a sitting administration’s termination of a prior administration’s policies. Despite its powerful and consequential effects, the doctrine of …

Cerveza Cristal: A Copyright Loophole In A Beer Ad From 2003?, Sebastian Saavedra Irarrazaball

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The internet stumbled onto a ready-made meme last month in the form of 20-year-old beer commercials from South America1. Back in 2003, a Chilean advertising agency decided to elevate the art of product placement. Their canvas: a planned broadcast of the original trilogy of Star Wars during a primetime slot on the second most popular national channel. DVDs were in their commercial infancy in the country, VHS tapes were available, but not everywhere. There was a guaranteed, captive audience.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 30, 2024. The original post …

Fanfiction Flicks: Dissecting The Expected Legal Ramifications Of Harry Styles Homages On The Big Screen, Aydan Urias

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

When the trailer for the highly anticipated Amazon Prime film The Idea of You debuted on YouTube in March 2024, viewers were captivated by the striking resemblance between the main character, Hayes Campbell, portrayed by Nicholas Galitzine, and the renowned former British One Direction member, Harry Styles. The film is based on the novel The Idea of You by author Robinne Lee. In a 2017 interview, Lee admitted to beginning the novel after seeing a YouTube video of the boy band One Direction and stated that she was specifically inspired by the personal life of Harry Styles.

This post was …

The Impact Of The “Misclassification” Of Employees As Independent Contractors On New York City’S Performing Arts Institutions And Gig-Based Performers, Katie Sigety

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made it possible for independent contractors to access unemployment benefits, or “Pandemic Unemployment Assistance” (“PUA”), for the first time. This created a new awareness for how many gig-based performing artists were considered independent contractors. In the wake of the PUA program expiration in 2021, the DOL identified 425,000 fraudulent unemployment benefit claims filed, totaling $5.5 billion, during the COVID-19 pandemic. The fraudulent claims were filed using the real identities of individuals who were not employed, which were likely stolen during previous data breaches …

Tennessee Legislature Declares That The Human Voice Will Remain ‘The King’ In Nashville, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Last month, Tennessee broke legal ground by passing the Ensuring Likeness Voice and Image Security, or “ELVIS,” Act. This law amends the state’s existing publicity laws to include protections for an individual’s voice in general as well as specifically against artificial intelligence (AI) impersonation. The statute defines a voice as “a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.” This standard shows a statutory expansion of legal protections for voices that blossomed with major cases in …

Cardozo Celebrates Annual Donors & Scholars Reception, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo’s annual Donors & Scholars event, where students meet those who finance their scholarships and stipends, was held April 15.

Foreign Subsidy Regulation – Will The United States Follow The European Union, Or Lead From Behind?, Hannah Perez

Cardozo International & Comparative Law Review (CICLR) Blog

Back in December of 2022, the European Union (EU) adopted the Foreign Subsidies Regulation which requires notification and approval for certain mergers and other deals that ‘distort’ the internal market through receipt of foreign subsidies. One of the central concerns for the European Commission (Commission) in adopting this rule was curbing the “unfair advantage” that subsidies create over domestic companies in attempting to win contract bids. This regulation went into effect in July 2023 and has recently been put to work with the first in-depth foreign subsidy probe of the Bulgarian Ministry of Transport and Communications’ contract to acquire twenty …

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

Articles

A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Cardozo Law News Brief: April 19, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Myriam Gilles
• Michel Rosenfeld
• Gabor Rona
• Edward Zelinsky

Will The Oecd’S Two-Pillar Solution Better The Global Economy?, Joon Young Lim

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

There has been a massive tax competition among international society for the last couple of decades. Between 1985 and 2018, the global average statutory corporate tax rate fell from 49% to 24%. Some countries competed as tax havens and presented extremely low tax rates to foreign corporations which resulted in multinational enterprises (“MNEs”) shifting “close to 40%” of profits to tax havens. This raised concerns that such a trend is a “race to the bottom” where tax havens will have minimal tax revenue due to such low tax rates whereby MNEs pay less and less tax. During the same period, …

Discrimination In Incarceration: Incarcerated People Litigate To Witness The Solar Eclipse In New York, Mitchell Kevett

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

The rights of incarcerated people have been historically overlooked and ignored in the United States, and this must change. It is critical for incarcerated people to be able to access and protect their rights because they are often exploited for free labor and receive little resources with which they can maintain their rights, which is part of what led the United Nations to issue a report finding that the United States has the “worst version of a racist criminal legal system.” Lawsuits and lobbying are two major means of expanding and protecting the rights of incarcerated people. In New York, …

Zoe Sheppard ’24 And Gowri Cheepurupalli ’24 Selected As 2024 Recipients Of Mark Whitlock Scholarship, Benjamin N. Cardozo School Of Law

Cardozo News 2024

The Whitlock Scholarship was established by the friends and family of Mark Whitlock ‘10, who passed away from brain cancer while a student at Cardozo. It is designed to recognize an outstanding, third-year J.D. student each year who, through the force of individual effort, energy, spirit, and initiative, contributes to and/or expands and strengthens student life and community at Cardozo. This is the second year that the scholarship has been awarded to two Cardozo students.

The Chagos Archipelago: A Failure Of International Law To Protect Powerless Peoples, Cali Smith

Cardozo International & Comparative Law Review (CICLR) Blog

The opening act of 2024 featured David Cameron, the United Kingdom’s (UK) latest Foreign Secretary, dashing the hopes of a displaced people; the island natives of the Chagos Archipelago. The Chagos islanders (Chagossians) have waged a decades long battle for the right to return to their homeland, from which they were forcibly removed in the 1960’s and 70’s. The former Foreign Secretary, James Cleverly, indicated that the UK was in negotiation regarding the resettlement of the Chagossians to their native islands. However, on January 9, 2024 Cameron stated that the return of the Chagossians to their islands was “not possible.” …

End Of Semester Sundae Party, Office Of Student Services And Advising

2023–2024 Flyers

No abstract provided.

Adr And Capital One’S Acquisition Of Discover, Yakov Schwalb

Cardozo Journal of Conflict Resolution (CJCR) Blog

On February 19th Capital One announced that it was buying Discover for $35.3 billion. If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer. However, many have voiced concerns with this deal. Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law. Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit card market, with unprecedented powers to extort American consumers," while Senator Elizabeth Warren of Massachusetts …

Restitution Of Nazi Looted Art, Jewish Law Student Association (Jlsa), Art Law Society

2023–2024 Flyers

No abstract provided.