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2021

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Full-Text Articles in Law

Networking With Attorneys And Judges, Chabad At Cardozo Nov 2021

Networking With Attorneys And Judges, Chabad At Cardozo

2021 Event Invitations

Join us to network and mingle with stellar attorneys and judges over dinner and drinks. Come learn about different practice areas, build connections, and ask the professionals about their career paths.


Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos Nov 2021

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz Nov 2021

A Guide To The 87th Texas Legislative Session, José Menéndez, Pearl D. Cruz

The Scholar: St. Mary's Law Review on Race and Social Justice

Challenges and potential solutions during the 87th Texas Legislative session.


Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh Nov 2021

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Reply Brief, Utah Court Of Appeals Nov 2021

Jessy Mckee And Shayne Mackee, Appellants V. Clayton Mckeachine, Carolyn Harns, G&C Servi Es Inc., And Irene Mckee, Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Trial Court No. 213800083 Deborah R. Chandler Anderson & Karrenberg, P.C. Attorneys for Burton and Christine

Deborah R. Chandler, Attorneys for Burton and Christine Delambert, Stephen K. Christiansen, Anthony W. Steirling, Ryan R. Bolarder, Attorneys for Carolyn Harns, Kenneth J. Melrose, Attorney for Irene McKee, Clayton Mckeachnie, Pro Se, Kurt D. Reber, Attorneys for G&C Service, Inc

Alan W. Dunaway, Attorneys for Appellants


Interview With Barbara M. Boulware - Oh 779, Barbara M. Boulware, Rock Hill School District, Civil Rights Movement Nov 2021

Interview With Barbara M. Boulware - Oh 779, Barbara M. Boulware, Rock Hill School District, Civil Rights Movement

Winthrop University Oral History Program

This interview was conducted by Jackson Martin with Barbarba M. Boulware as part of Project 2020: A Collaborative Oral History. Mrs. Boulware discusses the challenges she faced as an educator during the Civil Rights Era and shares her experiences as a Black woman in the South, notably her triumphs in the face of racism and adversity. Boulware underscores the influence of the Civil Rights Movement on historically Black sororities and fraternities like her own, Delta Sigma Theta, and how each collaborated to advance social change. She also highlights the crucial role of Black women in society, especially politics, and …


1979/1980 Price Waterhouse & Co. Diary-Manual Of Ann B. Hopkins, Anne B. Hopkins Nov 2021

1979/1980 Price Waterhouse & Co. Diary-Manual Of Ann B. Hopkins, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.


1981/982 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins Nov 2021

1981/982 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.


1983/1984 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins Nov 2021

1983/1984 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.


1982/1983 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins Nov 2021

1982/1983 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.


1990/1991 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins Nov 2021

1990/1991 Price Waterhouse & Co. Diary-Manual Of Anne B. Hopkins, Anne B. Hopkins

Ann B. Hopkins Papers

No abstract provided.


Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba Nov 2021

Semmy Lasco Kavinga V The People Appeal No 51/2018 (21 August 2019), O'Brien Kaaba

SAIPAR Case Review

The law on sentencing in Zambia is to a great extent chaotic and in disarray. No clear standards are set by the superior courts to guide lower courts and litigants. Often the sentences are at variance with constitutional norms and there has been no sustained effort to align the law of sentencing with constitutional standards, save for a few cases concerning corporal punishment. Somehow, a judicial culture has evolved and continues to grow of sentencing people without regard for constitutional norms. Yet the constitution is the supreme law, the ultimate source of all law and ought to permeate all laws …


A Personal Journey Through The Rule Of Law In The South Pacific, W. K. Hastings Nov 2021

A Personal Journey Through The Rule Of Law In The South Pacific, W. K. Hastings

Judicature International

No abstract provided.


November 1, 2021: The Migration Of New Content To Bruceledewitz.Com, Bruce Ledewitz Nov 2021

November 1, 2021: The Migration Of New Content To Bruceledewitz.Com, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Migration of New Content to bruceledewitz.com“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Here's What's At Stake In Texas Abortion Case Before U.S. Supreme Court, Bruce Ledewitz Nov 2021

Here's What's At Stake In Texas Abortion Case Before U.S. Supreme Court, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.


Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson Nov 2021

Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson

Truth and Reconciliation History Project

A bibliography of resources about the history in Nebraska of Native Americans, African Americans, Latinos, Asian Americans and Recent Refugees

We hope that these five bibliographies will prove fruitful in helping us to understand what our history has been, where we have gone astray, and what we can do to help bring about reconciliation in our community and in our state.

The discovery of what has happened in Nebraska in the last hundred and seventy years is not an easy task, but it is our goal in putting together this bibliography to begin that task. By putting together a picture …


Letter In Reply To Bernard Prusak, Et Al., Govind C. Persad Nov 2021

Letter In Reply To Bernard Prusak, Et Al., Govind C. Persad

Sturm College of Law: Faculty Scholarship

Scarce medical resource allocation should aim to prevent harm, especially to those who would be most disadvantaged if not helped. Bernard Prusak et al.’s letter reveals a narrow vision of which harms and disadvantages matter, one that overlooks opportunities to simultaneously prevent important harms and avoid exacerbating disadvantage.


The Personification Of The Partnership, Harwell Wells Nov 2021

The Personification Of The Partnership, Harwell Wells

Vanderbilt Law Review

What does it mean to say a business association is a legal person? The question has shadowed the law of business organizations for at least two centuries. When we say a business is a legal person we may be claiming that the law distinguishes its assets, liabilities, and obligations from those of its owners; or that it has a “real will” and personality apart from its owners; or that it in some way can carry or assert rights generally ascribed to natural persons. This Article sheds new light on these old questions by looking at an oft-overlooked business form, the …


Corporate Personhood And Limited Sovereignty, Elizabeth Pollman Nov 2021

Corporate Personhood And Limited Sovereignty, Elizabeth Pollman

Vanderbilt Law Review

This Article, written for a symposium celebrating the work of Professor Margaret Blair, examines how corporate rights jurisprudence helped to shape the corporate form in the United States during the nineteenth century. It argues that as the corporate form became popular because of the way it facilitated capital lock-in, perpetual succession, and provided other favorable characteristics related to legal personality that separated the corporation from its participants, the Supreme Court provided crucial reinforcement of these entity features by recognizing corporations as rights-bearing legal persons separate from the government. Although the legal personality of corporations is a distinct concept from their …


Tribe’S Trajectory & Lgbtq Rights, Joshua Matz Nov 2021

Tribe’S Trajectory & Lgbtq Rights, Joshua Matz

University of Chicago Law Review

I’m not sure I’ll ever live it down. I actually said—out loud, to his face, a full ten minutes into our very first conversation—“Holy smokes, you’re Larry Tribe!” I was in Cambridge that day as a newly admitted student. Somehow, inexplicably (it’s not that big of a campus), I got lost. Very lost. Fortunately, a passerby professor took mercy and steered me to his office. In a bid to regain my composure, and to seem like a plausible future law student, I jumped straight to explaining why I was there: I wanted to be a civil rights lawyer. To prove …


Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru Nov 2021

Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru

Joint PIJIP/TLS Research Paper Series

As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …


Interview With Gloria Mobley Brown - Oh 780, Gloria Mobley Brown, Civil Rights Movement, Educator Nov 2021

Interview With Gloria Mobley Brown - Oh 780, Gloria Mobley Brown, Civil Rights Movement, Educator

Winthrop University Oral History Program

This interview was conducted by Martin Jackson with Gloria Mobley Brown as part of Project 2020: A Collaborative Oral History. Mrs. Brown, 89, discusses her experiences as a Black student and educator, particularly during the segregated and civil rights eras. She sheds lights on the role of African American women in the Civil Rights Movement, notably her own participation in marches in her hometown of Rock Hill. Brown also reflects on issues such as racism and race relations spanning from her childhood in the segregated South to her later years amid the Black Lives Matter movement. She concludes by …


"Yogi-Isms" In The Courts, Douglas E. Abrams Nov 2021

"Yogi-Isms" In The Courts, Douglas E. Abrams

Faculty Publications

The versatility of Lawrence Peter (Yogi) Berra, a native of St. Louis,5 appears unparalleled in the annals of professional sports. His stellar on-the-field performance earned him election to the Hall of Fame in 1972, and his vast collection of off-the-field sayings earned him a secure place in American folklore. Some Yogi-isms are cited and quoted in federal and state judicial opinions. Topping the judicial ledger is “It’s déjà vu all over again,” which appears in Shurtleff and a few dozen other decisions.


Combating Human Trafficking Through The Global Financial Sector With Professor Barry Koch, Heyman Center On Corporate Governance Nov 2021

Combating Human Trafficking Through The Global Financial Sector With Professor Barry Koch, Heyman Center On Corporate Governance

2021 Event Invitations

Please join us for a Heyman Speaker Series event with Cardozo Professor Barry Koch.


Week Of November 1, 2021 - November 5, 2021, Benjamin N. Cardozo School Of Law Nov 2021

Week Of November 1, 2021 - November 5, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

  • Cardozo Federalist Society
  • Cardozo For Immigrants' Rights and Equality (FIRE)
  • Cardozo Health Law Society
  • Cardozo International Law Society
  • Cardozo Law Review
  • Cardozo Moot Court Honor Society
  • Cardozo National Lawyers Guild (NLG)
  • Cardozo Office of Career Services
  • Cardozo on the Israeli-Palestinian Conflict (CIPC)
  • Cardozo Public Service Scholars Program
  • Cardozo South Asian Law Students Association (SALSA)
  • Cardozo Startup Society
  • Cardozo Students for Human Rights
  • Cardozo Women's Law Initiative (WLI)
  • Chabad at Cardozo
  • Heyman Center on Corporate Law and Governance
  • If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
  • Intellectual Property Law Society (IPLS)
  • Jacob Burns Center …


Excessive Judicialization, Extralegal Interventions, And Violent Insurrection: A Snapshot Of Our 59th Presidential Election, Jerry H. Goldfeder Nov 2021

Excessive Judicialization, Extralegal Interventions, And Violent Insurrection: A Snapshot Of Our 59th Presidential Election, Jerry H. Goldfeder

Fordham Law Review

The Symposium included in this issue of the Fordham Law Review provides scholars and lawyers with the opportunity to think about some of the most provocative issues related to the way we elect our chief executive. When first conceived, this Symposium was meant to expand and elevate the discourse. Many of the participating authors have thought and written about these matters for years. It was our hope that, after fifty-nine presidential elections, we could shape the debate—and perhaps reform the law—for our next presidential election, our country’s sixtieth. Little did we realize at the inception of this project that the …


Voting As Exclusion, Ava Ayers Nov 2021

Voting As Exclusion, Ava Ayers

Fordham Law Review

This Essay considers two prevalent narratives about voting. In one narrative, voting expresses the civic virtue of the voter. In another, voting is an expression of inclusion in our political community’s circle of membership. I argue that although both narratives are true, and important, there is a third narrative that shadows them both. In this third narrative, voting affirms the exclusion of millions of people from our political community. The stories we tell about voting are incomplete and, sometimes, harmful.


Reducing Election Litigation, Derek T. Muller Nov 2021

Reducing Election Litigation, Derek T. Muller

Fordham Law Review

Which candidate’s name should be listed first on a ballot? Should inactive voters’ names appear printed in polling place books? Should elections be conducted exclusively by mail? Should online voter registration be available to prospective voters? When voters sign a petition to help a candidate appear on the ballot, must the petition’s circulator reside in the state? These are the questions that ordinary election administration rules answer. There might be better or worse rules. These rules might advance one set of benefits in exchange for another set of costs. They could benefit one candidate or group over another. Like every …


The Criminalization Of Foreign Relations, Steven Arrigg Koh Nov 2021

The Criminalization Of Foreign Relations, Steven Arrigg Koh

Fordham Law Review

Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms—presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.


Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich Nov 2021

Stronger Than Ever: New York’S Rent Stabilization System Survives Another Legal Challenge, Charles K. Gehnrich

Fordham Law Review

The fate of New York’s rent stabilization laws (RSL) directly concerns millions of New York City residents who take shelter in the protection of the RSL from the hardships and unfair business practices that accompany an unregulated housing market during a housing crisis. After the New York State Legislature made these tenant protections stronger than ever before in 2019, affected landlords responded by petitioning the courts to dismantle the entire rent regulation regime. A federal district court in the Eastern District of New York rejected the landlords’ broad constitutional challenge in Community Housing Improvement Project v. City of New York …