Law Commons^™

New Wine, Old Wineskins: Application Of Intellectual Property Law To Web-Based Activity, Katherine G. Grincewich, Esq.

The Catholic Lawyer

No abstract provided.

New Wine, Old Wineskins: Emerging Issues In Internet-Based Personal Jurisdiction, Jeffrey Hunter Moon, Esq.

The Catholic Lawyer

No abstract provided.

Embezzlement - The Next Generation, Joseph A. Divito, Esq., Kevin M. Kearney, Esq.

The Catholic Lawyer

No abstract provided.

Violence In Schools, Sr. Mary Angela Shaughnessy

The Catholic Lawyer

No abstract provided.

The Medieval Revival Of Roman Law: Implications For Contemporary Legal Education, Henry Mather

The Catholic Lawyer

No abstract provided.

Healthcare And Its Impact On Nurses: The United States Vs. The United Kingdom, Alexandria Colovos

Mahurin Honors College Capstone Experience/Thesis Projects

Currently, in the United States, the topic of healthcare reform is in the back of everyone’s mind. What will come of our healthcare system? Will the cost of healthcare decrease? Will patients have better access to care? With this Capstone Experience/Thesis, I wanted to explore the differences between the current healthcare system that we have in the United States, to the nearly seventy-year-old National Health Service (NHS) in the United Kingdom, which provides healthcare to all. The NHS is free at the point of care and is funded by taxation. To understand if such a system would work in the …

Vol. 53, No. 12 (November 13, 2017)

Indiana Law Annotated

No abstract provided.

Continuing Derrick Bell's Devotion In Creative Action, Angela Mae Kupenda

Journal Articles

I remember my first time seeing Derrick Bell in person and hearing him speak, just a few years before he passed away. I was in awe of him for many reasons, but primarily for two reasons. First, I noted from watching him with his devoted students, how mutual was the devotion coming from him—devotion to them as people and as those who would surely carry on his great work of seeking to forge equality in America and beyond. And second, I was in awe of him because of his devotion to the elimination of racism, while at the same time …

Mmu: 11/13/17–11/19/17, Student Bar Association

Monday Morning Update

NDLS Thanksgiving Potluck

WLF & SBA Toiletries Drive to Benefit theYWCA

Mass Schedule

Student Support

This Week @ NDLS

1L of the Week: Prashant Varma

Once More, With Feeling: Tra 17 And Original Intent Of Subpart F, Reuven S. Avi-Yonah, Nir Fishbien

Articles

For the first time since 1913, Congress is considering abandoning the principle that U.S. residents should be subject to tax on all income “from whatever source derived.” Specifically, the proposed tax reform legislation, the Tax Cuts and Jobs Act, would completely exempt from U.S. taxation dividends from controlled foreign corporations. This is therefore a good occasion for considering the reasons we tax those dividends in the first place.

Week Of November 13, 2017 - November 17, 2017, Benjamin N. Cardozo School Of Law

Today at Cardozo 2017

Events occurring this week have been sponsored by:

• Cardozo Advocates for Kids
• Cardozo Alumni Association
• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Intellectual Property and Information Law Program
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Review
• Cardozo Minority Law Student Association (MLSA)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Sports Law Society (CSLS)
• Floersheimer Center for Constitutional …

Evaluating Market Reactions To Non-Practicing Entity Litigation, Emiliano Giudici, Justin Blount

Faculty Publications

An ongoing debate in patent law involves the role “non-practicing entities,” sometimes called “patent trolls,” serve in the patent system. Some argue they serve as valuable market intermediaries, while others contend they are a drain on innovation and an impediment to a well-functioning patent system. This Article adds to the data available in this debate by conducting an event study that analyzes the market reaction to patent litigation filed by large “mass aggregator” non-practicing entities against large publicly traded companies. This study advances the literature by attempting to reproduce the results of previous event studies done in this area with …

The New Advertising Era, Minhee Lee

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There used to be a simpler time when live news happened but twice a day. I obviously don’t mean that literally. But whatever happened around town and across the world throughout the day (and night), people in their bathrobes picked up their papers still moistened in the morning dew, with steaming cups of coffees in their hands. They would then actually sit down on a kitchen table, and read (imagine that!) news. That’s the first time of the day news broke to the public in the simpler era. Sure, the time did not freeze for the rest of the day, …

Reducing Transportation Emissions In The Northeast And Mid-Atlantic: Fuel System Considerations, Gabriel Pacyniak, Drew Veysey, James Bradbury

Faculty Scholarship

In support of states interested in learning more about market-based policy options, the Georgetown Climate Center developed Reducing Transportation Emissions in the Northeast and Mid-Atlantic: Fuel System Considerations to explore technical aspects of a possible regional cap-and-invest policy, as an illustrative example of a market-based approach to a multi-state transportation policy. The paper focuses on two subjects: which fuels might be covered under a policy, and which entities in the transportation fuel supply chain might be responsible for reducing emissions.

The recommendations made in this paper are intended to support robust market-based policies that provide flexibility and enable innovation while …

Interdisciplinary Triage And Informed Consent: The Future Of Family Law, Forrest "Woody" Mosten Esq., Andrew Schepard, Paul Meller, Jane Pearl, Lawrence Jay Braunstein Esq.

Center for Children, Families and the Law Conferences & Symposia

No abstract provided.

Conference Program

Center for Children, Families and the Law Conferences & Symposia

No abstract provided.

Homophobia, Human Rights And Diplomacy, Douglas Janoff

Biennial Conference: The Social Practice of Human Rights

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral …

Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz

Biennial Conference: The Social Practice of Human Rights

What happens when a person’s exercise of a human right conflicts with another’s enjoyment of a human right? Such is the case when a gay teacher in a Catholic school is fired as the school exercises its right to religious freedom in order to ensure its teachers live lives consistent with Church teaching.

As religious institutions, Catholic schools are protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire gay and lesbian teachers (teachers are sometimes considered “ministers” by the courts). In many states these firings on the basis of sexual orientation or marital status …

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

Biennial Conference: The Social Practice of Human Rights

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one Gerardi …

Human Rights And Disability, Lowell Ewert

Biennial Conference: The Social Practice of Human Rights

In every context where racism, poverty, inequality, religious intolerance, or any other form of exploitation is present, persons with disabilities within the category experiencing discrimination are almost always worse off than their non-disabled peers. In this way, disability has the practical impact of magnifying discrimination and multiplying harmful practices. There is even evidence in some places that persons with disabilities have been deliberately targeted with violence. Additionally, sexual violence against disabled women and girls can be especially cruel.

Efforts to combat discriminatory practices that are primarily focused on addressing the concerns of the able-bodied often further exacerbate the general indifference …

How The Supreme Court Ignored The Lesson Of Zeran And Screwed Up Copyright Law On The Internet, Roger Allan Ford

Law Faculty Scholarship

This short essay, prepared for a retrospective organized by Eric Goldman and Jeff Kosseff on the twentieth anniversary of the Fourth Circuit’s decision in Zeran v. AOL, argues that the Supreme Court failed to learn the lesson of that foundational case, with adverse consequences for copyright law on the internet.

Candidates Flock To Courthouse To File For 2018 Election, Brad Stacy

Media Collection

No abstract provided.

Cardozo Law News Brief: November 10, 2017, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2017

Featured Faculty:

• Myriam E. Gilles
• Peter L. Markowitz
• Stewart Sterk
• Michael Wildes

Campus Life:

• Taxing The Church: Panel Focuses on Professor Zelinsky's Book
• Democracy Talks Kicks Off with Panel on Political Gerrymandering

Events:

• Benefit Concert for The Cardozo Law Divorce Mediation Clinic
• Ethics and Lawyering in the Age of Trump with Bradley Wendel
• Taking: The Intersection Between Colonialism and Consent in Gender-Based Violence
• Book Talk: Constitutional Coup - Privatization's Threat to the American Republic
• Back to the Future of Music Sampling
• From the Ashes Screening and Discussion
• The Innocence Project's Impact After 25 Years: Law, Policy, and the Courts
• Tech …

The Possibility Of Naturalistic Jurisprudence: Legal Positivism And Natural Law Theory Revisited, Dan Priel

Articles & Book Chapters

Contemporary legal philosophy is predominantly anti-naturalistic. This is true of natural law theory, but also, more surprisingly, of legal positivism. Several prominent legal philosophers have in fact argued that the kind of questions that legal philosophers are interested in cannot be naturalized, such that a naturalistic legal philosophy is something of a contradiction in terms. Against the dominant view I argue that there are arguable naturalistic versions of both legal positivism and natural law. Much of the essay is dedicated to showing that such views are possible: I identify naturalistic versions of a “natural law” view, a “positivist” view, as …

Treating Wrongs As Wrongs: An Expressive Argument For Tort Law, Scott Hershovitz

Articles

The idea that criminal punishment carries a message of condemnation is as commonplace as could be. Indeed, many think that condemnation is the mark of punishment, distinguishing it from other sorts of penalties or burdens. But for all that torts and crimes share in common, nearly no one thinks that tort has similar expressive aims. And that is unfortunate, as the truth is that tort is very much an expressive institution, with messages to send that are different, but no less important, than those conveyed by the criminal law. In this essay, I argue that tort liability expresses the judgment …

The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann

Popular Media

No abstract provided.

Sending A Dear John Letter: Public Information Campaigns And The Movement To “End Demand” For Prostitution In Atlanta, Ga, Samantha Majic

Publications and Research

This paper examines “Dear John”, a public information campaign that ran from 2006–2008 in Atlanta, GA, to ask what narrative it conveys about commercial sex and those who engage in it, in order to understand the gendered (and other) discursive constructions it produces, reflects, and complicates about these activities and subjects. Drawing from both policy and sex work/trafficking scholarship, this paper argues that Dear John used symbolic images and direct and consequential text to convey a “male demand” narrative, which holds that men’s demand for sexual services harms girls and young women and will not be tolerated. Yet, in so …

Roundtable – Teaching Human Rights: Challenges And Best Practices, Shayna Plaut, Kristi Kenyon, Joel Pruce, William Simmons

Biennial Conference: The Social Practice of Human Rights

Over the past 20 years, courses addressing human rights have grown dramatically at both the undergraduate and graduate levels worldwide. Many of these courses are housed in specific disciplines, focus on specific issues, and require practical experience in the form of internships/practicums. Amid this growth there is a need to reflect on teaching human rights including the challenges, fears, and best practices.

Recognizing that education takes place inside and outside a classroom, this roundtable brings together scholars teaching human rights in a variety of settings to examine the current state of university human rights education. This includes a discussion of …

Inequalities, Human Rights, And Sustainable Development Goal 10, Gillian Macnaughton

Biennial Conference: The Social Practice of Human Rights

Most of the 17 new Sustainable Development Goals (SDGs) and targets echo the goals and targets in the Millennium Development Goals (MDGs) framework. SDG 10 — reduce inequality within and among countries — is, however, completely new. The idea that the global community should work together toward equality had no part in the MDG framework, which focused on reducing poverty rather than making a more equal world. From a human rights perspective, the inclusion of the new SDG on reducing inequality is a great step forward.

Notably, Oxfam reported in January 2017 that the eight wealthiest men in the world …

Indigenous Rights In The Trump Era, Tereza M. Szeghi

Biennial Conference: The Social Practice of Human Rights

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.