Law Commons^™

How Expansile Is A Culture Of Cancel?, Jethro K. Lieberman

Other Publications

No abstract provided.

Too Soft On Corporate Crime?, Adina Feder

Cardozo International & Comparative Law Review (CICLR) Blog

Goldman Sachs Group Inc. (“Goldman Sachs” or “Goldman”), a global banking behemoth, was finally struck with financial penalties of $3.3 billion due to its participation in a Malaysian bribery scheme. The Bank admitted to paying more than $1.6 million in bribes to prominent government officials to obtain lucrative business from 1 Malaysia Development Berhad (“1MDB”), a Malaysian owned sovereign wealth fund. In exchange for the bribes, Goldman became the lead adviser on energy acquisitions and underwrote three bond offerings for approximately $6.5 billion, earning the Bank hundreds of millions in revenue. Goldman admitted that there were red flags surrounding the …

The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick

Posters

Maloney Library lecture series, Behind the Book

Securities Scholars' Comment Letter On Draft Whistleblower Award And Protection Act, Andrew K. Jennings, Samantha J. Prince, Benjamin P. Edwards, Andrew C. Baker

Faculty Scholarly Works

In May 2020, the North American Securities Administrators Association (NASAA), an organization representing state and provincial securities regulators in Canada, the United States, and Mexico, released a draft Model Whistleblower Award and Protection Act (the Proposed Act) for public comment. The Proposed Act drew from securities-whistleblower statutes in Utah and Indiana, as well as the federal Sarbanes-Oxley and Dodd-Frank Acts.

In brief, the Proposed Act provided for a state-level securities whistleblower-award program and an anti-retaliation private right of action. NASAA received seven comment letters, including one from securities scholars. Our securities scholars’ letter highlighted two areas of concern. First, we …

Week Of November 16, 2020 - November 20, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Cardozo Business Law Society
• Cardozo Center for Public Service Law
• Cardozo Criminal Law Society (CCLS)
• Cardozo International & Comparative Law Review
• Cardozo Law Punnytive Damages (CLPD)
• Cardozo Law Review
• Cardozo Office of Alumni Affairs
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Cardozo’s Retail & Luxury Alumni Practice Group
• Chabad at Cardozo
• Floersheimer Center for Constitutional Democracy
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA
• Kilpatrick Townsend & Stockton LLP
• Louis D. Brandeis Center for Human Rights Under Law (LDB)
• Women in Tech Law

Law School News: Yelnosky Patio Dedicated 11/16/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Broadway: Adapting And Overcoming Post-Covid, Emily Feldman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On Wednesday, March 11, 2020, a Broadway usher tested positive for COVID-19. A day later, on March 12, 2020, one of New York’s most significant cultural institutions, and a symbol of the city itself, entered an indiscernibly long hiatus when The Broadway League, an organization representing Broadway theater owners and producers, announced that Broadway would be shutting down. What was initially meant to be a short break for Broadway’s 41 theatres quickly evolved to an extended one. Although the theatres intended to reopen in June 2020, this deadline was moved first to January 2021, and subsequently to May 2021. While …

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields (4664), Shields Law Firm, P .C., Attorney for Appellees

Sara Pfrommer (9366), Law Offices of Sara Pfrommer, Attorney for Appellants Ron D. Wilkinson (5558), Heritage Law Offices, Attorneys for Appellants

Margie Stevens And Ron Stevens, Appellants V. Seven Peaks Waterpark Slc, Inc., D.B.A. Seven Peaks Place, Salt Lake City, L.C., Including Its Employees And Agents; And Does I-Ix, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable William K. Kendall, District Court No. 1700904217

Joann Shields, Attorney for Appellees

Sara Pfrommer, Ron D. Wilkinson, Attorney for Appellants

Mmu: 11/16/20–11/22/20, Student Bar Association

Monday Morning Update

General Announcements and Reminders

• Crossings is Monday thru Friday 7:30-4:00. Daily Specials.
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• Free Coffee Fridays by the CDO
• Mindfulness
• The Fighting Irish have a bi-week [sic]
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• Legal Writing Center
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A Message from the Editor

The Washington Redskins Abandon Their Historically Controversial Team Name Amidst A Push For Socially Conscious Branding, Shelby Epstein

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On July 13, 2020, following a review of the team’s name, the National Football League’s (“NFL”) Washington Redskins announced they would be retiring both their team name and logo. “The decision [came] amid the Black Lives Matter movement — which . . . sparked a cultural awakening — and after decades of debate over its name and logo, which many say are offensive towards Native Americans.” Dan Synder, owner of the Washington Football Team, said the decision was made “in light of recent events around our country and feedback from our community.”

This post was originally published on the Cardozo …

Leaving The Twilight Zone: A Congressional Check On Treaty Termination, Cormac C. Broeg

Nebraska Law Bulletin (Selected Issues)

This essay argues that Congress can—by a statute expressing the will of both houses—protect a treaty from presidential termination. Under this framework, when Congress expressly states its opposition to the termination of a particular treaty, it moves the president’s order to terminate the treaty into this third category where the president can rely only upon enumerated powers. In Goldwater v. Carter, the Supreme Court found a challenge to presidential treaty termination non-justiciable without forming a majority opinion, However, a statutory protection of a treaty creates a different dispute which fails to implicate any of the political question factors articulated by …

A Contractor’S Guide: Nebraska’S Anti-Indemnity Statute, Brett M. Bruneteau

Nebraska Law Bulletin (Selected Issues)

Contractors must carefully comply with Nebraska’s anti-indemnity statute in order to shift risk and liabilities. In doing so, contractors must have an understanding of general construction industry trends and how they impact and apply to Nebraska’s anti-indemnity statute. First, contractors must have a general understanding of pertinent construction issues including indemnity, anti-indemnity statutes, insurance, and the rising cost of litigation. These issues are paramount to understanding the purpose behind Nebraska’s anti-indemnity statute. These issues are also important when understanding its caselaw and judicial interpretation. Second, contractors can protect themselves from Nebraska’s anti-indemnity statute by drafting indemnity provisions that comply with …

Masthead, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

Too Many To Fail: Against Community Bank Deregulation, Jeremy C. Kress, Matthew C. Turk

Northwestern University Law Review

Since the 2008 financial crisis, policymakers and scholars have fixated on the problem of “too-big-to-fail” banks. This fixation, however, overlooks the historically dominant pattern in banking crises: the contemporaneous failure of many small institutions. We call this blind spot the “too-many-to-fail” problem and document how its neglect has skewed the past decade of financial regulation. In particular, we argue that, for so- called community banks, there has been a pronounced and unjustifiable shift toward deregulation, culminating in sweeping regulatory rollbacks in the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018.

As this Article demonstrates, this deregulatory trend rests …

Junk Evidence: A Call To Scrutinize Historical Cell Site Location Evidence, Victoria Saxe

The University of New Hampshire Law Review

Historical cell site location information (CSLI) has been offered as objective, scientific location evidence in criminal trials, but is far less precise than the claims it is used to support. Not only is there no way to pinpoint a cellphone’s precise geographic location from historical CSLI, but there are also no known validation or error rates for the methodologies used to collect and analyze this data. A 2019 telecommunications scandal in Denmark revealed gross inadequacies in the cellphone data and software used by law enforcement to analyze this type of evidence. The scandal sent shockwaves through the country’s legal community …

Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson, Jr.

The University of New Hampshire Law Review

No abstract provided.

Voiding The Ncaa Show-Cause Penalty: Analysis And Ramifications Of A California Court Decision And Where College Athletics And Show-Cause Penalties Go From Here, Josh Lens

The University of New Hampshire Law Review

In late 2018, a Los Angeles County Superior Court judge sent shockwaves through college athletics by ruling that the NCAA’s Committee on Infractions (“COI”) unlawfully restrained now-former University of Southern California (“USC”) assistant football coach Todd McNair’s career when it imposed a “show-cause” penalty on him. Judge Frederick Shaller therefore declared NCAA show-cause penalties void under California employment law.

For decades, the COI has utilized show-cause penalties to punish individuals who break NCAA rules. Reserved for more egregious violations, universities and administrators long treated show-cause orders as scarlet letters, typically terminating or refusing to hire coaches subject to them. That …

Pervasive Infancy: Reassessing The Contract Capacity Of Adults In Modern America, Michael S. Lewis

The University of New Hampshire Law Review

This article argues that the law of consumer contracts should permit adults to access the same protections available to children where data about adult performance indicates that the two categories of people are similarly situated within the domain of consumer contracts. In making this claim, this article relies upon a description of capacity articulated by Professor Martha Nussbaum in her important work on the subject. Professor Nussbaum explains that capacity is a function, not only of a person’s innate capabilities, but of a person’s opportunity or ability to deploy those capabilities within environmental limitations. Capacity to contract in a free …

Table Of Contents, Editorial Board

The University of New Hampshire Law Review

No abstract provided.

The Case Against Prosecuting Refugees, Evan J. Criddle

Northwestern University Law Review

Within the past several years, the U.S. Department of Justice has pledged to prosecute asylum-seekers who enter the United States outside an official port of entry without inspection. This practice has contributed to mass incarceration and family separation at the U.S.–Mexico border, and it has prevented bona fide refugees from accessing relief in immigration court. Yet, federal judges have taken refugee prosecution in stride, assuming that refugees, like other foreign migrants, are subject to the full force of American criminal justice if they skirt domestic border controls. This assumption is gravely mistaken.

This Article shows that Congress has not authorized …

Energy Emergencies, Amy L. Stein

Northwestern University Law Review

Emergency powers are essential to the proper functioning of the government. Emergencies demand swift and decisive action; yet, our system of government also values deliberation and procedures. To enable such agility in a system fraught with bureaucracy, Congress frequently delegates unilateral statutory emergency powers directly to its most nimble actor: the President. The powers Congress delegates to the President are vast and varied, and often sacrifice procedural requirements in favor of expediency. Most scholars and policymakers have come to terms with this tradeoff, assuming that the need to respond quickly is outweighed by any loss of accountability.

This Article challenges …

Avoiding Judicial Discipline, Veronica Root Martinez

Northwestern University Law Review

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and the rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into …

A New Approach To Plaintiff Incentive Fees In Class Action Lawsuits, Jason Jarvis

Northwestern University Law Review

Because modern litigation is time-intensive and expensive, a consumer has no monetary incentive to sue over a low-value claim—even when the defendant has clearly violated that consumer’s legal rights. But the defendant may have harmed many consumers in the same way, causing significant cumulative damage. By permitting the aggregation of numerous small claims, class action lawsuits provide a monetary incentive for lawyers and plaintiffs to pursue otherwise low-value suits. Often, an important part of this incentive is the “incentive fee,” an additional payment awarded to the named plaintiffs as compensation for the time they spend and risks they assume in …

Towards Implementing The Truth And Reconciliation Commission's Calls To Action In Law Schools: A Settler Harm Reduction Approach To Racial Stereotyping And Prejudice Against Indigenous Peoples And Indigenous Legal Orders In Canadian Legal Education, Scott James Franks

LLM Theses

Many Canadian law schools are in the process of implementing the Truth and Reconciliation Commissions Call to Actions #28 and #50. Promising initiatives include mandatory courses, Indigenous cultural competency, and Indigenous law intensives. However, processes of social categorization and racialization subordinate Indigenous peoples and their legal orders in Canadian legal education. These processes present a barrier to the implementation of the Calls. To ethically and respectfully implement these Calls, faculty and administration must reduce racial stereotyping and prejudice against Indigenous peoples and Indigenous legal orders in legal education. I propose that social psychology on racial prejudice and stereotyping may offer …

Sex Workers And The Best Interests Of Their Children: Identifying Issues Faced By Sex Workers Involved In Custody And Access Legal Proceedings, Julie Eleanor Dewolf

LLM Theses

Sex worker parents often lose custody of their children. The purpose of this research was to determine what impact the status of a parent as a past or present sex worker has had on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex worker parents in custody and access disputes in Ontario Child Protection and Family Law case law. Parental involvement in sex work was often presented as an unfavourable aspect of the parent, or otherwise had a negative influence on their claim. Sex work was treated as a negative quality in …

The Double Standard For Third-Party Standing: June Medical And The Continuation Of Disparate Standing Doctrine, Brandon L. Winchel

Notre Dame Law Review

No jurisdictional principle is more fundamental to the federal judiciary than the doctrine of standing. Before litigants may avail themselves of the tremendous power vested in the federal judiciary, plaintiffs must first establish that they are appropriately situated to assert a legal claim before a court. In analyzing whether a plaintiff possesses the requisite standing to maintain a legal challenge, the Supreme Court has stressed that a court’s analysis must be blind to the underlying dispute: “The fundamental aspect of standing is that it focuses on the party seeking to get his complaint before a federal court and not on …

Towards Development Justice: Re-Visiting The Accountability Of The World Bank And The Imf From A Right To Development Perspective, Maxwel Owuor Miyawa

PhD Dissertations

This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, one that recognizes the imperative of direct and distinct accountability of the World Bank and the IMF for their development practices. Empirically, amid the intensification of human rights deprivations and mounting development injustices in the Global South, the dominant development praxis has been typified by the marked absence of direct and distinct accountability of international financial institutions. The normative frameworks of international accountability in the realm of development are …

Is The Federal Reserve Constitutional? An Originalist Argument For Independent Agencies, Christine Kexel Chabot

Notre Dame Law Review

Originalists have written off the Federal Reserve’s independent monetary policy decisions as an unconstitutional novelty. This Article demonstrates that the independent structure of the Federal Reserve dates back to a Founding-era agency known as the Sinking Fund Commission. Like the Federal Reserve, the Commission conducted open market purchases of U.S. securities with substantial independence from the President. The Commission’s independent structure was proposed by Alexander Hamilton, passed by the First Congress, and signed into law by President George Washington. Their decisions to create an independent Commission with multiple members to check the President and one another—and to include the Vice …

The Role Of "Commercial Morality" In Trade Secret Doctrine, Lynda J. Oswald

Notre Dame Law Review

The approaching anniversary of E.I. duPont deNemours & Co. v. Christopher is the impetus for this exploration and evaluation of the role of “commercial morality” in trade secret misappropriation doctrine. Christopher is the well-known industrial espionage case in which the U.S. Court of Appeals for the Fifth Circuit held that flying an airplane over an under-construction manufacturing facility to take photos of briefly-but-inevitably exposed trade secrets was an “improper means” of accessing a trade secret and was contrary to standards of “commercial morality.”

Commercial morality has played a significant but shifting role in trade secret law over the past seven …