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Week Of October 7, 2019 - October 11, 2019, Benjamin N. Cardozo School Of Law

Today at Cardozo 2019

Events occurring this week have been sponsored by:

• Black Law Students Association (BLSA)
• Cardozo Entertainment Law Society
• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo Journal of Equal Rights and Social Justice
• Cardozo Law Student Bar Association
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Student Services & Advising
• Cardozo OUTLaw
• Cardozo Sports Law Society (CSLS)
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Heyman Center on Corporate Law and Governance
• Innocence Project
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• Reed Justice …

Geographic Indicators: Unexpected Fodder In Brexit Negotiations, Libby Mckown

SLU Law Journal Online

The future of intellectual property, especially geographical indications, in the UK is increasingly murky. Libby McKown explores what will happen if GIs are used in the fray of hard negotiations about Brexit.

Vol. 57, No. 07 (October 7, 2019)

Indiana Law Annotated

No abstract provided.

Mmu: 10/07/19–10/13/19, Student Bar Association

Monday Morning Update

This Week @ NDLS

• Happy Spirit Week!
• Indiana Court of Appeals Oral Argument
• Daily Commons Menu Specials
• Daily Mass Schedule
• Morning Prayer with CLS
• SBA Monthly Meeting
• Bar Exam Applications
• From Big Law to Legal Aid
• Bose McKinney Diversity Fellowship
• First Generation Rock Stars: Seven Ways to Invest in Yourself
• Apple Inc. Legal Counsel (FaceTime) lunch chat with Matthew Smith
• Join the Idea Center!
• Moot Court Fundraiser
• SCELF: MLB Salary Arbitration Tournament Info Meeting
• Implicit Bias in the Law: A Conversation with Professor Shelley Cavalieri
• Taking Charge of your loans
• Professor Series: Parental Choice and Educational Pluralism in the US …

President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

Law School News: Rwu Law Marine Programs Included In $1.2m Aquaculture Research Grant 10-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Supreme Court And Refugees At The Southern Border: 5 Questions Answered, Karla M. Mckanders

Vanderbilt Law School Faculty Publications

I sat in a small room in Tijuana, Mexico with a 13-year-old indigenous Mayan Guatemalan girl.

She left Guatemala after a cartel murdered her friend and threatened to rape her. Her mother wanted her to live and believed the only way for her to survive was to send her daughter alone to the U.S., to apply for asylum Now she was alone and stuck in Mexico. Every morning, the Guatemalan girl, along with other asylum seekers, would frantically gather at the Tijuana-U.S. border where they waited to hear their name or their number called so the Mexican government could escort …

The First Step Act: Filling The Gap In Missouri, Christopher Doyle-Lohse

SLU Law Journal Online

Although the federal government’s First Step Act is a move in the right direction when it comes to addressing criminal justice in America, states bear the responsibility of doing their part. In this article, Christopher Doyle-Lohse addresses the gaps Missouri must fill to achieve criminal justice reform.

The Dangers Of Legalized Sports Betting And Fantasy Sports, Benjamin Schonbrun

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Many states across the country have either allowed or are drafting legislation to allow for legal sports betting. Under the Professional and Amateur Sports Protection Act (PASPA) of 1992, sports gambling was prohibited under federal law. On May 14, 2018, the Supreme Court struck down PASPA as illegally commandeering the states, paving the way for states to legalize sports betting.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 6, 2019. The original post can be accessed via the Archived Link button above.

Mercedes-Benz’S Use Of Detroit Artists’ Murals Leads To Lawsuit, Emily Tannenbaum

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In January 2018, luxury car brand Mercedes-Benz (“Mercedes”) posted on Instagram, for promotional purposes, images of the Mercedes G 500. These photos were taken in Detroit, Michigan, in front of recently beautified murals. The three murals featured in the Mercedes ads were created by artists Daniel Bombardier, James “Dabls” Lewis, Jeff Soto, and Maxx Gramajo (“the Mural Artists”). A little more than a year after Mercedes posted the photos, the attorney for the artists, Jeff Gluck, reached out to Mercedes to discuss Mercedes’s unlicensed use of the murals. Proceeding this action, Mercedes deleted the photos and subsequently filed declaratory judgement …

Bringing Broadband To The Desert: Rural New Mexico, Fiberoptic Cable, And Electric Utility Cooperatives, Janette A. Duran

New Mexico Law Review

Fiber optic cables used to provide commercial telecommunications services are increasingly run through the existing utility easements of electric cooperatives, but such use may exceed the easement’s limitations. The Eighth circuit recently held in Barfield v. Sho-Me Power Elec. Coop., 852 F.3d 795 (8th Cir. 2017) that commercial telecommunication use of an electric utility’s easement was impermissible. New Mexico should not follow the Eighth Circuit in its determination that commercial fiber use in electrical easements is not permissible. New Mexican communities could greatly benefit from fiber accessibility. However, there are several natural disincentives that exist in the state that could …

Constitutional Frankenstein: The Grand Jury Without Checks, Nicholas Chiado

New Mexico Law Review

In April of 2018, the New Mexico Supreme Court heard State v. Martinez. In that case, the defendants sought to quash their indictment, as the grand jury had been presented with unlawfully obtained evidence. Reversing the district court, the New Mexico Supreme Court held that judicial review of the grand jury indictment was not available, as there was no evidence of prosecutorial misconduct. This Case Note analyzes Martinez and summarizes the likely implications of the holding in the case. Background information to the relevant statute is included, along with past appellate interpretations of the statute. The holding of Martinez is …

The Danger In New Mexico's Method Of Deciding Whether An Out-Of-State Conviction Is A Registrable Sex Offense, Sam Ashman

New Mexico Law Review

Plea offers present criminal defendants with the option of acquiescing to specific punitive or rehabilitative measures rather than allowing judges and juries to determine those measures at trial. Defendants often accept plea offers over going to trial because a plea agreement provides the comfort of knowing what consequences to expect. However, in cases involving sexual misconduct, it is more difficult to anticipate the consequences of plea agreements. All fifty states maintain sex-offender registries with varying criteria for when a resident must register. In 2013, the New Mexico Supreme Court decided State v. Hall and held that it may be necessary …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Toward A Human Rights Impact Assessment Tool, Mona Younis

Biennial Conference: The Social Practice of Human Rights

Human rights organizations are increasingly questioned about impact, which is particularly challenging for overextended and under-resourced groups that tackle complex issues requiring a long view to be achieved. They would greatly benefit from a manageable assessment tool to capture how well they are doing on key dimensions that are essential for that long-view impact. Building on my experience with the Ford Foundation’s Organizational Mapping Tool designed to assess organizational capacity, I propose to develop a tool to assess human rights impact.

The tool will enable any human rights organization to assess how it is doing in areas that are essential …

Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai

Biennial Conference: The Social Practice of Human Rights

Purpose: Against the backdrops of deteriorating human rights protections and the rule of law after the unprecedented Umbrella Movement in Hong Kong, this paper investigates the roles and impacts of mobilised legal profession in resisting China’s authoritarian rule over and defending domestic human rights regime in Hong Kong. This paper argues that, despite the legal profession of Hong Kong becomes further divided under the political and economic statecraft, lawyer activism as a professional resistance becomes a new force to resist the political intervention of the rule of law as well as deepening the cultural and institutional foundations of the rule …

Contesting Human Rights Defenders At The Un Human Rights Council, M. Joel Voss

Biennial Conference: The Social Practice of Human Rights

Human rights defenders are being increasingly targeted across the globe. The rise of nationalist, populist regimes is of great concern to both human rights defenders and those that advocate for the rights of defenders. The problem is not only of domestic concern. The UN Human Rights Council, the UN’s preeminent human rights institution, is also seeing an increasing number of attacks on defenders, both in formal settings like discussions on resolutions and the Universal Periodic Review process and informally, through threats to participants at the Council.

This paper attempts to better understand and predict which states will both try to …

International Surrogacy Arrangements: A Human Rights Case, Marisa Araújo

Biennial Conference: The Social Practice of Human Rights

The scientific development in Artificial Reproductive Technology (ART), especially IFV solutions, are promoting the development of our reproductive options. Surrogacy is now one of these solutions and new ethical and legal problems arise.

Domestic Laws have the most different positions. If there are countries that admit surrogacy arrangements, even commercial ones like the Florida State in the USA (and the particular case of India); others criminalize these procedures and others, like the UK (and Portugal), have a middle term position.

Considering the frontier zone in which surrogacy takes its place, the debate is more exuberant since the concrete legal solution …

Using A Human Rights Framework For Regulating The Internet Of Things: The Critical Role Of Human Rights Advocacy, Adam Todd

Biennial Conference: The Social Practice of Human Rights

The Internet of Things (IoT) refers to the billions of technical devices around the globe that connect to and communicate through the Internet. These devices collect, store and share vast amounts of valuable data. With the advent of 5G (fifth generation cellular network technology), IoT is expected to grow even more dramatically over the coming decade and likely to change our lives in ways we have yet to imagine.

IoT holds the promise of advancing human rights by facilitating the technology that can lead to a healthier, cleaner, and more sustainable environment, and greater access to education, better healthcare, capital, …

Rights In Small Places? Participation, Rights And Power In Northern Ireland, Nicola Browne

Biennial Conference: The Social Practice of Human Rights

That a disconnect exists between ordinary people and the world of human rights academia, NGOs and INGOs and the marginalised communities they are intended to serve is undisputed. As the years preceding and following the financial crash have been characterised by increased economic inequality and concentration of power and influence in the hands of a ever-shrinking coterie of elites, human rights as a tool of change have seemed increasingly legalistic, irrelevant and divorced from the people. A case study will be presented of Belfast based rights organisation (Participation and the Practice of Rights - PPR) set up to develop and …

Delinking The "Human" From Human Rights: Artificial Intelligence, Transhumanism And The Future Of Human Rights, A. Kayum Ahmed

Biennial Conference: The Social Practice of Human Rights

Human rights discourses are deeply embedded in an epistemic anthropocentricism that centers the human in human rights. However, conceptions of what constitutes the human are being eroded through the development of artificial intelligence, bio-hacking and transhumanism, all of which, support the emergence of new kinds of humans.These emergent humans include the enhanced human who possesses abilities that compel us to reconsider the parameters of humanness, as well as computer systems that demonstrate characteristics thought of as uniquely human. The blurring of the divide between human and machine therefore compels us to reconsider our understanding of the human in human rights, …

Contemporary Issues In Environmental Law, Jenny Howard, Amanda Garcia, Bart Kempf

Belmont Law Review

No abstract provided.

Cardozo Law News Brief: October 4, 2019, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2019

Featured Faculty:

• Alexander A. Reinert
• Jessica Roth
• Christopher Buccafusco
• Kate Shaw
• Myriam Gilles
• Suzanne Stone
• Lela Love
• Richard Weisberg
• Michel Rosenfeld

Campus News:

• Faculty Panel Leads SCOTUS Term Preview Event

Notre Dame Law School Sesquicentennial Reception, Marcus Cole, Nancy Gargula, William Beauchamp, C.S.C., Gerard Olinger, C.S.C.

2019–Present: G. Marcus Cole

Oct 4, 2019

Notre Dame Law School is celebrating its 150th year in 2019. Alumni, students, faculty, and staff celebrated the sesquicentennial with a reception on September 27, 2019, in the Dahnke Ballroom in Duncan Student Center.

G. Marcus Cole, who was appointed as Notre Dame Law School's Joseph A. Matson Dean and Professor of Law earlier in the year, delivered the keynote speech at the reception. His speech starts at the 7:40 mark in this video.

E-Museletter: October 2019, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Fall Break Hours

News You Can Use

Featured Resource

Student Counseling Services

Tech Tip

Amici Curiae Brief Of American Historical Association, Organization Of American Historians, 42 Historians, And The Fred T. Korematsu Center For Law And Equality In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Department of Homeland Security, et al., v. Regents of the University of California, et al.

Rehumanization Among Veterans Of The Yugoslav Wars: Rethinking Reconciliation And Post-Conflict Justice, Jordan N. Kiper

Biennial Conference: The Social Practice of Human Rights

Rehumanization is a central element in powerful social movements after war. Drawing from ethnographic fieldwork in the Balkans, I consider the convergence and divergence between notions of rehumanization found in human rights literature and the role of rehumanization among veterans in Bosnia-Herzegovina and Serbia. Rehumanization plays a prominent role among these veterans because of the International Criminal Tribunal for the former Yugoslavia (ICTY), which has had varied social effects on Balkan communities. By supporting the ICTY, veteran associations have vetted themselves of potential war criminals, and thereby developed overlapping justice discourses that converge on the notion of reconciliation. There are …

Human Rights Litigation And Anti-Sodomy Laws In Kenya And Botswana, Andrew Novak

Biennial Conference: The Social Practice of Human Rights

In May 2019, the Kenya High Court is expected to rule on Sections 162 and 165 of the penal code, which criminalize consensual sex between two adult men. Similarly, the Botswana High Court will rule on its equivalent penal code provisions, Sections 164 and 165, in June 2019. Regardless of the outcomes of these decisions, both will contribute to a global “judicial dialogue” on the constitutionality of anti-sodomy laws. In jurisdictions as diverse as Northern Ireland, Belize, Singapore, South Africa, the United States, and most recently India, courts around the world have considered whether anti-sodomy laws violate the rights to …

“Water Is A Human Right”: Exploring The Paradox Of Framing Water As A Human Right In A Hostile Political Climate, Sabrina Kozikis

Biennial Conference: The Social Practice of Human Rights

Many communities across the United States experience challenges in accessing clean and affordable water. In response, civil society and grassroots organizations are using a human rights framework to advocate for safe and affordable services for all. This is a curious trend, given that the United States is a country in which human rights, specifically socio-economic rights, are not recognized as relevant for domestic policy and even met with hostility. This study explores this tension: why do civil society actors, grassroots organizers, and national level advocates in the United States use a human rights framework to advocate for access to clean …

Innovative Collaboration To Further Community Self-Determination, Matthew Currie, Amaha Sellassie

Biennial Conference: The Social Practice of Human Rights

The built urban environment is the product of more than a century of policy decisions that have both intentionally discriminated and have had the effect of discriminating, against African Americas, immigrants, the work class, low income individuals and other undesirables. While more than fifty years have passed since the passage of civil rights legislation in the United States, individuals in today’s cities are living out our discriminatory legacy.

In Dayton, Ohio, a new movement has risen from the community to disrupt the legacy of de jure and de facto discrimination by the collaborative efforts of the impactive individuals, neighborhood leaders, …