Law Commons^™

John Henry Wigmore And The Rules Of Evidence: The Hidden Origins Of Modern Law (Book Review), Michael Ariens

Faculty Articles

No abstract provided.

Improving The Uniform Partition Of Heirs Property Act, Rishi Batra

Faculty Articles

Johnny Rivers was born and had lived his whole sixty-nine-year life on the same seventeen-acre tract on Clouter Creek near the Cainhoy Peninsula of Charleston, South Carolina. His father owned the land since 1888, and his family had worked the land and paid taxes, never missing a tax payment. He thought he and his family would live on the land for the rest of his life.

However, in 2000, he received a letter telling him he was the subject of a legal action called a "partition.” A family member who was a part owner of the land and whom Rivers …

Resolving Civil Forfeiture Disputes, Rishi Batra

Faculty Articles

Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …

Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Scotus Denies Review In Gay Rights Case, Arthur S. Leonard

Other Publications

No abstract provided.

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.

The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott

Other Publications

The Broad Institute's recent licensing of its gene editing patent portfolio demonstrates how licenses can be used to restrict controversial applications of emerging technologies while society deliberates their implications.

Laxity At The Gates: The Sec's Neglect To Enforce Control Person Liability, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

In recent years the SEC has repeatedly stressed the importance of holding gatekeepers accountable in order to promote effective corporate governance. In spite of these assertions, the Commission has failed to use two powerful tools at its disposal to pursue gatekeepers. Section 20(a) of the Securities Exchange Act provides for liability against “control persons.” This Section imposes liability upon any person who controls another liable person to the same extent as such controlled person, unless she can establish that she acted in good faith and did not directly induce the violation. Sections 15(b)(4)(E) and 15(b)(6))A) of the Exchange Act give …

A Battle Over Statutory Interpretation: Title Vii And Claims Of Sexual Orientation And Gender Identity Discrimination, Arthur S. Leonard

Other Publications

No abstract provided.

Manhattan Court Rebuffs Ex-Partner Custody Claim, Arthur S. Leonard

Other Publications

No abstract provided.

With Jurors In Mind: An Ethnographic Study Of Prosecutors’ Narratives, Anna Offit

Faculty Journal Articles and Book Chapters

This article focuses on prosecutors’ practices of drafting, critiquing and revising opening and closing statements for trial. Based on the observation of their real-time collaborative work, it argues that prosecutors’ concerns that they might be perceived as incredible or overzealous have substantive and structural impacts on their case preparation. In the process of commenting on evidence and witnesses and developing their authorial voices, prosecutors give definition to character traits and values they view as central to their jobs.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 35, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Authenticity Debacle: Why Art Authentication And Litigation Don't Mix, Andrea Sobolewski

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel 2: Comic Book Jurisprudence With Q&A, Karen Berger, Lillian Laserson, Paul Levitz, Robert Sikoryak, Brett Frischmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Intellectual Property Rights For "Hubots": On The Legal Implications Of Human-Like Robots As Innovators And Creators, Amir Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fighting Falsity: Fake News, Facebook, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Fake news stories about the major presidential candidates became widespread on Facebook and elsewhere online in the months leading up to the 2016 presidential election, raising questions of whether fake news influenced the outcome of the election. The ease and speed with which false news stories can spread online poses a threat to the efficient functioning of our democracy, a threat the government has a compelling interest in addressing. Political speech, however, even when false, is highly protected by the First Amendment, making it unlikely a valid law against fake news could be crafted. Candidates might pursue defamation actions against …

Virtual Reality Surveillance, Gilad Yadin

Cardozo Arts & Entertainment Law Journal

This Article challenges government cybersurveillance norms and practices by introducing virtual reality, a unique digital environment that may be justifiably subject to constitutional physical privacy protection. In liberal democracies, government surveillance is driven by public security and enforcement interests, and is checked by individual privacy rights. In recent years, however, this balance has been gradually shifting. Government surveillance of cyberspace has become extensive and constant, effectively unhindered by legal restrictions and judicial oversight; surveillance ofphysical spaces, subject to the Fourth Amendment, is neither as prevalent nor as unrestrained.

We are in the midst of a virtual reality renaissance; new virtual …

Measuring The Judicial Performance Of The European Court Of Human Rights, Elizabeth Lambert Abdelgawad

Research outputs 2014 to 2021

Faced with a sharp rise in the number of individual applications, the European Court of Human Rights has been forced to provide greater accountability to governments eager to downsize its budget and staff. This has resulted in the introduction of quantitative criteria, to the detriment of quality and of the service rendered to individual victims. These new management policies have admittedly reduced the number of pending cases, but they have also considerably eroded the right of individual application. The new managerial policy has definitely shaped a new Court.

The Sec's Neglected Weapon: A Proposed Amendment To Section 17(A)(3) And The Application Of Negligent Insider Trading, Marc I. Steinberg, Abel Ramirez Jr.

Faculty Journal Articles and Book Chapters

Section 17(a)(3) has been widely neglected as a weapon in the Securities and Exchange Commission’s (SEC) arsenal against insider trading. Section 17(a)(3) carries the potential of providing the SEC with an advantage that is not afforded by Section 10(b), Rule 10b-5, or Rule 14e-3 — the authority to prosecute insider trading claims premised on the lesser mental state of negligence, thus casting a wider net to enforce insider trading regulations against a new category of defendants — negligent inside traders as well as negligent tippers and tippees. Currently, when pursuing insider trading violations, the Securities and Exchange Commission (SEC) primarily …

The Unreasonable Rise Of Reasonable Suspicion: Terrorist Watchlists And Terry V. Ohio, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

Terry v. Ohio's “reasonable suspicion” test was created in the context of domestic law enforcement, but it did not remain there. This Essay examines the effect of transplanting this test into a new context: the world of terrorist watchlists. In this new context, reasonable suspicion is the standard used to authorize the infringement on liberty that often results from being watchlisted. But nothing else from the case that created that standard remains the same. The government official changes from a local police officer to an anonymous member of the intelligence community. The purpose changes from crime prevention to counterterrorism. …

Trump Action On Transgender Students Carries Contradictions, Arthur S. Leonard

Other Publications

No abstract provided.

Big Pharma Worms Its Way Into Congress’ Medical Malpractice Bill, Joanne Doroshow

Other Publications

No abstract provided.

Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow

Other Publications

Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …

Polish Divorce, New York Style, Arthur S. Leonard

Other Publications

No abstract provided.

Another Fed Court Win For Trans Students, Arthur S. Leonard

Other Publications

No abstract provided.

Congress Intends To Destroy Your Rights And Hopes You Won’T Notice, Joanne Doroshow

Other Publications

No abstract provided.

Scotus Won’T Step Into Houston Benefits Case, For Now, Arthur S. Leonard

Other Publications

No abstract provided.

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

Faculty Articles

The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …

State Bar Efforts To Deny Accreditation To Faith-Based Cle Ethics Programs Sponsored By Religiously Affiliated Law Schools, Bill Piatt

Faculty Articles

Religiously affiliated law schools focus on the integration of faith in the formation of future attorneys and leaders. Yet our students are only our students for three years. We can extend our influence and continue to provide a faith-based perspective to them and to other attorneys during the thirty, forty, or more years of their careers by offering continuing legal education (CLE) courses, which bring attorneys and judges together to provide a model for incorporating faith and morality into our professional roles. However, CLE programs must receive accreditation by state authorities if participants are to receive credit for them. Recently, …