Law Commons^™

A Conversation About Current Issues Facing The Global Financial Industry, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

October 18, 2021

Vol. 61, No. 08 (October 18, 2021)

Indiana Law Annotated

No abstract provided.

Cardozo Law School Blood Drive, New York Blood Center

2021–2022 Flyers

No abstract provided.

Grand Juries Should Not Hear Police Misconduct Cases: Grand Juries Will Indict Anything, But A Police Officer, Kaeleigh Wiliams

SLU Law Journal Online

Grand juries will indict everyone but police officers. In this article, Kaeleigh Williams argues that the time has come for a new mechanism to be used in police officer misconduct cases.

Editorial: Increasing Accessibility In Academic Publishing And Upcoming Initiatives, Matt Wappett

Developmental Disabilities Network Journal

This editorial provides an overview of the current issue, and then several initiatives that DDNJ is working on to increase the accessibility of academic publishing. This editorial introduces our new podcast and our upcoming presentation at the Fall 2021 AUCD Conference.

International And Transnational Intellectual Property Law: An Update, Marketa Trimble

Media & Informal Publications

Professor Trimble presents recent developments in international and transnational IP law for the 2021 Intellectual Property Law Conference (hosted by the Intellectual Property Law Section of the State Bar of Nevada).

Cardozo Law News Brief: October 15, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Deborah Pearlstein
• Samuel Weinstein
• Pamela Foohey
• Barbara Kolsun
• Kathryn Miller
• Richard Weisberg
• Peter L. Markowitz

Campus News:

• Cardozo’s Class of 2020 Comes Together for an In-Person Celebration at Yeshiva University
• First Monday: Cardozo Professors Preview the Supreme Court Term at Floersheimer Center’s Annual Event

Events:

• An Evening with Vanessa Friedman
• The Encore with Swizz Beatz
• Cardozo International & Comparative Law Review Fall Symposium: Afghanistan - What’s at Stake: National Security, Human Rights, and the Rule of Law

Regulating New Fossil-Fuel Appliances Under Section 111(B) Of The Clean Air Act, Jack Lienke, Rachel Rothschild, Henry Engelstein, Nardos Girma

Other Publications

The majority of residential and commercial buildings use appliances powered with fossil fuels for space and/or water heating. Collectively, these appliances—most of which run on natural gas—emit substantial quantities of a variety of harmful air pollutants, including particulate matter, nitrogen oxides (“NOx”), and carbon dioxide. Fossil-fuel appliances in the U.S. emitted over 425,000 tons of NOx in 2017—almost three times the amount attributable to gas-fired power plants in that year. And fossil-fuel combustion in residential and commercial buildings accounted for almost 10% of the nation’s greenhouse gas emissions in 2019—only slightly less than gas power plants. Yet while the U.S. …

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri J. Krishna, Kelly Pfeifer, Dana Thompson

Articles

Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …

Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson

Seattle University Law Review Online

No abstract provided.

Trust Planning And The Washington State Capital Gains Tax, Jadrian M. Coppieters

Seattle University Law Review Online

On April 25, 2021, the Washington state legislature enacted a new state capital gains tax. Prior to the enactment of the new state capital gains tax, Washington had been one of the few states that did not impose a tax on either income or capital gains. The limitations imposed by the Washington state constitution have forced the legislature to characterize the tax as an excise tax, rather than treat it as an income tax as would the federal government and every other state. Based on the statute’s structure and its presentation as an excise tax, whether intentionally or unintentionally, the …

Graduate Student Employee Unionization In The Second Gilded Age, William A. Herbert, Joseph Van Der Naald

Publications and Research

In debates on the future of work, a common theme has been how work became
less secure through the denial of employee status. Though much of the attention
has focused on other industries, precarity has also affected those working in
higher education, including graduate student employees, contributing to what is
now called the “gig academy.” While universities have reassigned teaching and
research to graduate assistants, they have also refused to recognize them as
employees. Nevertheless, unionization has grown considerably since 2012, most
significantly at private institutions. Utilizing a unique dataset, this chapter
demonstrates that between 2012 and 2019, graduate student …

Does The Criminal Enforcement Of Federal Environmental Law Deter Environmental Crime? The Case Of The U.S. Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa L. Jarrell

Environmental and Earth Law Journal (EELJ)

The U.S. Environmental Protection Agency (EPA) and the Department of Justice are tasked with the investigation and prosecution of hazardous waste crimes occurring under the U.S. Resource Conservation and Recovery Act (RCRA). For criminal sanctions to be effective, the probability of detection and severity of punishment must be significant enough to raise the cost to benefit ratio to deter environmental crimes. While research examines sanctioning under RCRA, little work examines the plausibility of the deterrent effect of criminal sanctions. Through content analysis of all environmental crime prosecutions resulting from EPA criminal investigations, 1983-2019, we explore the probability of detection and …

Hypocrisy On The High Seas: An Examination Of The Conflicting Policy Goals And Actions Of The International Community Regarding Illegal, Unreported, And Unregulated Fishing, Peter J. Tamburello

Environmental and Earth Law Journal (EELJ)

Fish and the fishing industry are one of the main sources of food protein and commerce in many areas of the world, whether it be from traditional and artisanal fishing practiced in Somalia and other undeveloped countries or large scale international commercial fishing from rich and industrialized nations. The world’s oceans are currently being plagued by overfishing both from legally authorized activities and Illegal, Unreported, and Unregulated Fishing. The purpose of this paper is to examine the problems plaguing the world’s fisheries with an eye towards the environmental damage and economic harm that stem from it. It is also to …

The Survival Of Animal Care Organizations Impacted By The Covid-19 Pandemic In 2020, Juan Fernando Torrico

Environmental and Earth Law Journal (EELJ)

This note assessed how animal care organizations and the animals in their care were impacted, negatively and positively, by the coronavirus pandemic. Several animal care organizations in the United States–including animal shelters, rescues, sanctuaries, and zoos–were contacted directly, and invited to share their experiences from the COVID-19 pandemic in 2020. They provided valuable in-depth insight into how government shutdowns and social distancing impacted their facility; if any of the animals in their care tested positive for COVID-19; how the animals in their care were affected indirectly by COVID-19; if they sought and received any government assistance to keep them operational; …

Watery Grave: One Of The Death Care Industry’S Greenest Options Is Still Illegal In Thirty-One States And That Needs To Change, Jacob Steele

Environmental and Earth Law Journal (EELJ)

Alkaline hydrolysis is an eco-friendly cremation alternative that uses water, a gentle chemical solution, and heat to break down bodies instead of fire. It has a carbon footprint that is 75% less than that of standard cremation and eliminates the possibility of soil and groundwater pollution created by traditional burials. The problem is that it is illegal and unavailable to citizens in at least 31 states. This comment examines the history, process, and legality of alkaline hydrolysis while proposing the rapid federal or mass state legalization of the method as a solution to many of the problems the death care …

Transformative Constitutions And Constitutionalism : A New Theory And School Of Jurisprudence From The Global South?, Willy Mutunga

The Transnational Human Rights Review

The article seeks to interrogate, historicize, and problematize what transformative constitutions and their attendant constitutionalism/jurisprudence are. Some of the critical elements of transformative constitutions are analyzed as well as the development of the jurisprudence that is emerging from these constitutions. In the quest for an answer to the question posed, which is the title of the article, Kenya is used as a case-study. Kenya has had a transformative constitution since it was promulgated on 27 August 2010. Its core elements/pillars of transformation are highlighted in this article. Kenya’s experience with the implementation of this Constitution, particularly with regard to the …

The Legal Representation Of Activists, Cardozo Environmental Law Society, Cardozo Student Animal Legal Defense Fund

2021–2022 Flyers

No abstract provided.

Citizenship Deprivation As An Act Of Persecution: Case Study Of The Assam Citizen Exercise As A Precursor To A Nation-Wide Determination Of Citizenship, Ishita Chakrabarty

The Transnational Human Rights Review

This essay explores the reasons behind describing India’s Citizenship practices (now modified through the Citizenship Amendment Act 2019) as ‘persecutory’. In doing so, the essay refers to the international law on citizenship conferment and withdrawal that has traditionally been viewed as exclusive to a state’s sovereign domain. The essay also looks into the socio-political dynamics, past persecutory conduct exemplified by the Assam-NRC exercise and the lack of protection afforded by those entrusted with the legal duty of conferring and withdrawing citizenship. The essay further uses the Assam-NRC exercise as a case study to claim that there exist well-founded grounds for …

Protection Of Victim-Witnesses Of Human Rights Violations In Criminal Prosecutions In Nigeria, Suzzie Onyeka Oyakhire

The Transnational Human Rights Review

The protection of victims of crime and witnesses in criminal trials from intimidation is gradually being recognised in Nigeria as a critical aspect of criminal justice administration. Policing activities leave a record of widespread human rights violations committed by law enforcement and security personnel. Attempts to investigate and prosecute these violations are impeded by acts of intimidation or threats of reprisals against the victim who testifies as a witness in criminal proceedings against the perpetrators. This expository paper brings to the fore the importance of interrogating the issues of protection for victim-witnesses participating in criminal proceedings and ensuring accountability for …

In Defense Of Pure Sovereignty In Cyberspace, Kevin Jon Heller

International Law Studies

States currently endorse three different positions concerning the international wrongfulness of cyber operations that penetrate computer systems located on the territory of another state but do not rise to the level of a use of force or prohibited intervention. The first position is that such low-intensity cyber operations are never wrongful, because sovereignty is a principle of international law, not a primary rule that can be independently violated. The second is that low-intensity cyber operations are always wrongful, because sovereignty is a primary rule of international law that is violated by any non-consensual penetration of a computer system located on …

No, Joe Biden And The Dems Are Not Collapsing, Bruce Ledewitz

Newspaper Columns

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

October 13, 2021: The Case For Joe Biden, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Case for Joe Biden“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Mock, Eugene P., Collection, 1927-1928, Special Collections, Leonard H. Axe Library

Finding Aids

Eugene P. Mock was born on August 28, 1904 in Illinois. Early in life, he lived in Zanesville, Ohio before joining the new formed Air Corps. He later became a train conductor for the Union Pacific Railroad in Los Angeles, California. Late in life he was a mail carrier in Trona, California. Mock married Juanita Charlotte Wikoff in 1938 and had two children. Eugene Mock died while visiting Colorado on September 11, 1970.

The Eugene Mock letters consists of letters to Eugene Mock from his future wife Juanita Charlotte Wikoff (who signed them as “Lulu” or “Lu”), and includes some …

The Implications Of The Supreme Court’S Ncaa V. Alston Decision And Why Negotiation May Be Key To Fending Off Future Litigation, Michele Lehat

Cardozo Journal of Conflict Resolution (CJCR) Blog

Until the recent Supreme Court decision in NCAA v. Alston, the NCAA has operated as a monopoly over the now $18.9 billion college athletics industry. Historically, college athletes had zero bargaining power, having been denied direct or indirect compensation in a variety of ways. Now, after the landmark decision, the status of player compensation is facing major change.

This post was originally published on the Cardozo Journal of Conflict Resolution website on October 13, 2021. The original post can be accessed via the Archived Link button above.

P*Law Planning Kickoff, Cardozo Center For Public Service Law

2021–2022 Flyers

No abstract provided.

A Survey Of Researchers’ Needs And Priorities For Data Sharing, Iain Hrynaszkiewicz, James Harney, Lauren Cadwallader

Copyright, Fair Use, Scholarly Communication, etc.

One of the ways in which the publisher PLOS supports open science is via a stringent data availability policy established in 2014. Despite this policy, and more data sharing policies being introduced by other organizations, best practices for data sharing are adopted by a minority of researchers in their publications. Problems with effective research data sharing persist and these problems have been quantified by previous research as a lack of time, resources, incentives, and/or skills to share data.

In this study we built on this research by investigating the importance of tasks associated with data sharing, and researchers’ satisfaction with …

Three Suggestions To Promote New Scholarship From An Outgoing Editor-In-Chief, Christian I. Bale

Duke Law Journal Online

No abstract provided.

The Case For Chevron Deference To Immigration Adjudications, Patrick J. Glen

Duke Law Journal Online

Chevron skepticism is in vogue in legal academia, as Professors Shoba Wadhia and Christopher Walker’s recent entry in the genre demonstrates. They place their project within the broader academic trend of arguing for limitations on the application of deference to various administrative decisions, but their aim is ultimately narrower— to show that “this case against Chevron has . . . its greatest force when it comes to immigration.”

The Professors are incorrect. Immigration adjudication presents one of the strongest cases for deference to administrative adjudication. This case is founded in the text of the statute itself and its myriad general …

The Supreme Court's Reticent Qualified Immunity Retreat, Katherine Mims Crocker

Duke Law Journal Online

The recent outcry against qualified immunity, a doctrine that disallows damages actions against government officials for a wide swath of constitutional claims, has been deafening. But when the Supreme Court in November 2020 and February 2021 invalidated grants of qualified immunity based on reasoning at the heart of the doctrine for the first time since John Roberts became Chief Justice, the response was muted. With initial evaluations and competing understandings coming from legal commentators in the months since, this Essay explores what these cases appear to say about qualified immunity for today and tomorrow.

The Essay traces idealistic, pessimistic, and …