Law Commons^™

Contemporary Teaching Strategies: Effectively Engaging Millennials Across The Curriculum, Renee Nicole Allen, Alicia R. Jackson

Faculty Publications

(Excerpt)

"Give a man a fish, and you feed him for a day. Teach a man to fish, and you feed him for a lifetime." - Chinese Proverb

American Bar Association ("ABA") Standard 314, Assessment of Student Learning, requires law schools to "utilize both formative and summative assessment methods in its curriculum to measure and improve student learning and provide meaningful feedback to students." This article will connect multiple formative assessments to Bloom's taxonomy to demonstrate how law teachers can transform and enhance student learning, while promoting key steps in the self-regulated learning cycle. First, it is imperative law teachers …

Mandating Rule 11 Sanctions? Here We Go Again!, Edward D. Cavanagh

Faculty Publications

The House of Representatives has passed H.R. 720, a bill that would amend Rule 11 of the Federal Rules of Civil Procedure by re‑instituting mandatory sanctions for Rule 11 violations and essentially restoring Rule 11 to its contents under the 1983 amendments to the Federal Rules of Civil Procedure. The legislation would mandate imposition of monetary sanctions and eliminate any restrictions on when a Rule 11 motion could be filed. The bill would thus scuttle the 1993 Amendments, which (1) entrusted the sanctions decision to the sound discretion of the trial court; (2) provided a 21‑day safe harbor period that …

Effective Compliance With Antidiscrimination Law: Corporate Personhood, Purpose And Social Responsibility, Cheryl L. Wade

Faculty Publications

I begin the essay with an examination of the overlap between corporate governance and corporate social responsibility. After doing so, I explore the notions of corporate personhood and purpose in order to suggest ways to make compliance programs less cosmetic and defensive and more meaningful and effective. I conclude that the decision making that is inherent in corporate governance is an important factor in the corporate social responsibility equation. There is a gap that separates the fulfillment of fiduciary duties (including the installation and upkeep of a compliance program) and best practices. Companies and their managers can win litigation, or …

Regulatory Updates: Finra And Sec Rule Changes And Guidance Of Interest, Christine Lazaro

Faculty Publications

Over the past year, FINRA has proposed and approved new rules and amendments to its existing rules. FINRA has also issued supplemental guidance on existing rules. This article highlights those rule changes and guidance governing sales practice obligations of brokers, as well as the arbitration process. Additionally, this article will cover certain recently adopted SEC and CFTC rules.

Giving And Creating: The Legacy Of Keith J. Shapiro, G. Ray Warner

Faculty Publications

(Excerpt)

Some take; others give. Tonight’s honoree, Keith J. Shapiro, is a giver.

Many of the giants in our field have received this award during its almost 20-year history, and each of them richly deserved it. But of all the recipients, Keith is the person most deserving of this particular award. This is, after all, the Emory Bankruptcy Developments Journal lifetime achievement award and Keith and the Journal are inextricably linked. Not only did this journal launch Keith’s lifetime of stellar bankruptcy achievement, but one of his achievements was pushing this Journal to the success and preeminence that it now …

Defining "Fiduciary": Differences In Fiduciary Standards Within The Securities Industry, Christine Lazaro

Faculty Publications

Investment professionals are subject to varying standards of conduct when providing advice to clients. The standards range from providing advice which is suitable to acting consistently with a fiduciary standard.

The article provides a brief history of the applicable securities statutes governing investment advice. It discusses the differences in the enactment of the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, and the Employee Retirement Income Security Act of 1974.

Next, the article discusses how each statute has impacted the standards applicable to brokers and investment advisers. Investment advisers are deemed fiduciaries. Brokers are held to the …

Sex Quotas And Burkini Bans, Darren Rosenblum

Faculty Publications

This Essay recounts how feminist theorists and activists managed to write their ideals into the fabric of French law and culture, and how nonfeminists began to appropriate those ideals. Parité, the 2000 law that requires half of all candidates for public office be women, saw French feminists first engineer a change in French universalism to respect sex difference; although not wholly successful, Parité advanced women's political inclusion. Then, like a drop of water in a pond, these feminist ideas disappeared in plain sight: they became intrinsic to French state norms and public values. As they became woven into such norms, …

Copyright's Framing Problem, Margot Kaminski, Guy A. Rub

Publications

Copyright law has a framing problem. The problem is pervasive, unresolved, and often unnoticed, and it significantly impacts the nature and scope of copyright protection. Copyrighted works are complex: Books consist of chapters, newspapers consist of articles, and so on. Courts often need to decide whether to frame the work as one comprehensive whole, an approach we call “zooming out,” or to frame it as a combination of many small parts, an approach we call “zooming in.” This framing move occurs across many copyright doctrines: fair use, infringement analysis, statutory damages calculations, separability determination, and more.

This Article focuses on …

Holocaust-Era Art Restitution Claims: Is The Hear Act A Game Changer?, Rachel Sklar

Student Articles & Notes

The author of this article presents a legal analysis of the Holocaust Expropriated Art Recovery Act of 2016 (“HEAR Act”), signed into law by President Barack Obama on December 16, 2016, which creates a uniform, federal six-year statute of limitations on civil restitution claims in the United States for the victims of Nazi-era persecution and their heirs to make a legal demand for the return of artwork or other cultural property that was seized, confiscated or wrongfully taken as a result of the policies of the Third Reich.

Can't We All Get What We Want?: The Use Of Tiered Dispute Resolution As A Means Of Sustaining Free Market Channel-Sharing Arrangements Resulting From The Fcc's 2016 Incentive Auction, Daniel Spencer

Cardozo Journal of Conflict Resolution

This Note will first discuss the history of the FCC's regulatory authority, including its prior allocations of spectrum and the power under which it has the authority to repurpose the 600 MHz spectrum band. Next, this Note will detail the procedures that will be used in the upcoming Incentive Auction, and explore the options posed to broadcasters. In particular, it will emphasize the viability of one option-the ability to channel share-as the most economically efficient use of spectrum in certain cases. This Note will then propose the inclusion of tiered dispute resolution clauses within channel-sharing arrangements to help preemptively resolve …

Suspended Sentence Contingent Upon Participation In Victim Offender Mediation For Juveniles Who Commit Violent Crimes, Lindsay Goldbrum

Cardozo Journal of Conflict Resolution

This Note discusses the potential benefits of implementing a system of suspended sentences for juveniles convicted of violent crimes contingent upon participation in victim offender mediation. Section II discusses the background of mediation, restorative justice, and victim offender mediation. Section III discusses the need for reform and shortcomings of the current juvenile justice system. Section IV proposes the system of suspended sentences for juveniles convicted of violent crimes contingent upon participation in victim offender mediation, and discusses the various benefits to be achieved through victim offender mediation.

Using Crisis Negotiation Team Methods To Decrease Violence In Prisons, Emily Katz

Cardozo Journal of Conflict Resolution

Part I of this Note introduces the Crisis Negotiation Teams and explains when, how, and why they were formed. Part I also discusses what factors ultimately lead teams to successful and safe negotiations. Part II discusses the current structure in place in today's prisons and the consequences prison experiences have on the inmates. Additionally, Part II discusses prison guard training, as well as the effects this training is having on both inmates and guards alike. Part III offers some suggestions on how to fix issues within prisons, specifically the guard and inmate relationship, by using procedures currently in use by …

Abilify, Brintellix, Champix: The Abcs Of Fda Proprietary Name Disputes, M. Dinora Smith

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Country, Two Systems: Hong Kong's Unique Status And The Development And Growth Of Arbitration In China, Jiali (Keli) Huang

Cardozo Journal of Conflict Resolution

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong …

Product Hopping: Antitrust Liability And A Per Se Rule, Justine Amy Park

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Enhanced Preservation: Modifying The Protect And Preserve International Cultural Property Act To Better Protect Syrian Antiquities, Anthony Prinzivalli

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Will Blog For Food: Sponsored Content In The Age Of Millennials, Elina Rakhlin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

“Letting Kids Be Kids”: Youth Voice And Activism To Reform Foster Care And Promote “Normalcy”, Bernard P. Perlmutter

Books and Book Chapters

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the …

Sources In Legal Positivist Theories, David Lefkowitz

Philosophy Faculty Publications

The debate about positivism in general legal theory or in the international legal scholarship manifests so many different, if not conflicting, meanings of positivism—even among legal positivists themselves—that the debate about legal positivism has proved almost unfathomable and unintelligible.

No other approach to theorizing international law is more closely associated with and dependent upon the development of an account of its sources than is positivism. The explanation for this is a simple and familiar one: if there is any thesis regarding (p. 324) law that we can uncontroversially associate with the label ‘legal positivism’, it is the view that a …

What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz

Philosophy Faculty Publications

The widespread antipathy to Hart's description of international law as a simple or primitive social order, one that lacks a rule of recognition and therefore does not qualify as a legal system, rests on two misunderstandings. First, the absence of a division of labor in identifying, altering, applying, and enforcing law is as much, if not more, central to Hart's understanding of what makes a society primitive as is the absence of any secondary rules at all. Second, it is primarily in terms of the presence of such a division of labor and the implications it has for the ontology …

A Legal Study On The Internal Control System For Direction Of Legislation In Korea, Sungbum Kwon

Maurer Theses and Dissertations

The concept of internal control began in accounting professional groups, gradually expanded to the administrative control and the risk management from accounting control, and became an important area that cannot be excluded from the operation of the public companies in the U.S.

When the Enron scandal struck the credibility of the stock market in the U.S. in 2001, the authorities implemented reformative measures including the SOX enactment to protect investors. Although there has been a controversy over this legislation since the enactment of the SOX, it appears that the U.S. capital market has been restoring confidence with the efforts of …

Birds Of A Feather: Patterns Of Judicial Decision-Making At The International Court Of Justice, 1946-2015, Kai-Chih Chang

Maurer Theses and Dissertations

The technical legal expertise of the International Court of Justice (ICJ), the principal judicial organ of the United Nations, is rarely questioned. However, from its inception critics have questioned its partiality by drawing attention to apparent extrajudicial influences on its decisions. While there has been no lack of research assessing the ICJ judges’ voting behavior, methodological limitations of prior research designs have stymied empirical assessments of the extent and nature of extrajudicial factors’ influence over the ICJ judges’ voting behaviors. This dissertation challenges previous research concluding that political and military alignments have no effect on judicial decision-making. In contrast to …

Reforming The Death Penalty In Egypt: An Islamic Law Perspective, Gaber Mohamed

Maurer Theses and Dissertations

The main goal of this thesis is to reform the imposition of the death penalty in the Egyptian legal system through the tools and theories of Islamic law. This subject will be discussed in three main chapters: The first chapter will be a survey of the current application of the death penalty in the Egyptian legal system, including the death penalty’s history, laws, courts, appeals, legal procedures, and general comments on the current application of the penalty. The second chapter will be about the death penalty in Islamic law – including the sources of Islamic law, the crimes that merit …

Don’T Pull The Plug On Bioethics Mediation: The Use Of Mediation In Health Care Settings And End Of Life Situations, Amy Moorkamp

Journal of Dispute Resolution

A hefty decision, such as the life or death of a loved one, requires more than a few minutes of deliberation and a handful of outside consultations. Delicate, emotional, and potentially contentious medical decisions compel a structured, compassionate approach to produce quality and well-informed results. Due to the magnitude of the decision being made, as well as the abundance of other considerations, (emotional, religious, historic, financial, etc.) the case for a creative, problem-solving process of dispute resolution, such as mediation, is ripe.

This Comment will explore the use of mediation in bioethical disputes. In Part II, the Comment will give …

Fixing Soccer: Changing Fifa's Corporate Governance Structure In Response To The Current Fifa Corruption Scandal, Alexander Mandel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Combating Counterfeits: Using U.S. Law To Analyze The Potential Application Of China's Amended Trademark Law To Online Marketplaces, Kerrijane John

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert

Cardozo Arts & Entertainment Law Journal

This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a "prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless …

From "Hot News" To "Hot Data": The Rise Of "Fintech," The Ownership Of Big Data, And The Future Of The Hot News Doctrine, Victoria Ekstrand, Christopher Roush

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Freedom Of Artistic Expression In The Jurisprudence Of The United States Supreme Court And Federal Constitutional Court Of Germany: A Comparative Analysis, Raman Maroz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.