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2023

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Full-Text Articles in Law

Cardozo Law News Brief: October 27, 2023, Benjamin N. Cardozo School Of Law Oct 2023

Cardozo Law News Brief: October 27, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

  • Andrea Schneider
  • Emmanuel Arnaud
  • Edward Zelinsky
  • Pamela Foohey
  • Jocelyn Getgen Kestenbaum
  • Betsy Ginsberg
  • Young Ran (Christine) Kim
  • Lindsay Nash
  • Gabor Rona
  • Anthony Sebok

Campus News:

  • Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks to Daily News About NYPD Fingerprint Controversy

Events:

  • International Law and the Israel-Hamas Conflict
  • The Fame Center Presents: Russia, Ukraine, AML and KYC: Due Diligence Concerns for the Art Market
  • The Fame Center Presents: Thoughts on the Future: LLMs Staying in the United States


Just Transition Career Planning For Seafarers : Challenges And Opportunities For Sustainable Shipping, Sergii Kazantsev Oct 2023

Just Transition Career Planning For Seafarers : Challenges And Opportunities For Sustainable Shipping, Sergii Kazantsev

World Maritime University Dissertations

No abstract provided.


A Study On The Business And Regulatory Framework Of Freight Forwarders In The Republic Of Maldives, - Minna Rasheed Oct 2023

A Study On The Business And Regulatory Framework Of Freight Forwarders In The Republic Of Maldives, - Minna Rasheed

World Maritime University Dissertations

No abstract provided.


Enhancing South Africa’S Ship Registry : A Comparative Analysis Of Competitiveness Effectiveness And Legal Frameworks With A Special Focus On The Singapore Registry Model, Tebogo Alfred Moloko Ramatjie Oct 2023

Enhancing South Africa’S Ship Registry : A Comparative Analysis Of Competitiveness Effectiveness And Legal Frameworks With A Special Focus On The Singapore Registry Model, Tebogo Alfred Moloko Ramatjie

World Maritime University Dissertations

No abstract provided.


A System Thinking Approach And Novel Framework Towards Safe Pilot Transfer Arrangements, Eslam Ramadan Badry Gad Oct 2023

A System Thinking Approach And Novel Framework Towards Safe Pilot Transfer Arrangements, Eslam Ramadan Badry Gad

World Maritime University Dissertations

No abstract provided.


Dissecting The Relentless Maritime Security Situation In Nigerian Waters : An Investigation, Lamir Ado Mohammed Oct 2023

Dissecting The Relentless Maritime Security Situation In Nigerian Waters : An Investigation, Lamir Ado Mohammed

World Maritime University Dissertations

No abstract provided.


Marine Plastic Pollution : A Review Of The Scientific Evidence, Current Policies, And Potential Solutions, Hai Vuong Oct 2023

Marine Plastic Pollution : A Review Of The Scientific Evidence, Current Policies, And Potential Solutions, Hai Vuong

World Maritime University Dissertations

No abstract provided.


Assessment Of The Impact Of Governmental & Non-Governmental Programmes In Kenya Through Donor Funding To Control Plastic Sandals From Uplands And Coastal Communities On Marine Ecosystem Pollution : A Case Study Of Mombasa County, Grace Mumo Muli Oct 2023

Assessment Of The Impact Of Governmental & Non-Governmental Programmes In Kenya Through Donor Funding To Control Plastic Sandals From Uplands And Coastal Communities On Marine Ecosystem Pollution : A Case Study Of Mombasa County, Grace Mumo Muli

World Maritime University Dissertations

No abstract provided.


Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law Oct 2023

Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Join Cardozo Law in welcoming Dr. Abhishek M. Singhvi, Senior Advocate, Supreme Court of India, MP Raja Sabha, India for a discussion on the pursuit of legalizing same-sex marriage in India, the world's largest democracy.


Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink Oct 2023

Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink

International Law Studies

Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …


Inside The Internet, Nick Merrill, Tejas N. Narechania Oct 2023

Inside The Internet, Nick Merrill, Tejas N. Narechania

Duke Law Journal Online

Conventional wisdom—particularly in the legal literatures—suggests that competition reigns the inside of the internet. This common understanding has shaped regulatory approaches to questions of network security and competition policy among service providers. But the original research presented here undermines that long-held assumption. Where the markets for internet traffic exchange (and related services) have long been thought to be characterized by robust competition among various network services providers, our findings suggest that these markets have consolidated. These trends raise a host of concerns for network reliability, online speech, and consumer choice, among other matters. Indeed, some recent high-profile internet outages reflect …


Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law Oct 2023

Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law

2023–2024 Flyers

No abstract provided.


The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution Oct 2023

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

Join the Cardozo Journal of Conflict Resolution on October 27, 2023, from 8:30 am - 4:00 pm EST for the annual Melnick Symposium. Held in the Cardozo Lobby and Moot Court Room, this year's theme is "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" The symposium will explore criminal legal reform, the integration of restorative justice, problem-solving courts, diversion, bail reform, and plea bargaining, along with the roles of judges, prosecutors, defense attorneys, and the public. Papers will address effective system design and problem-solving for all stakeholders.


Elusive Catch : Domestic Challenges Encountered By The Philippines In Ratifying The Cape Town Agreement Of 2012, Gerico John Vincent Magbojos Oct 2023

Elusive Catch : Domestic Challenges Encountered By The Philippines In Ratifying The Cape Town Agreement Of 2012, Gerico John Vincent Magbojos

World Maritime University Dissertations

No abstract provided.


Abuja Mou As A Facilitator For The Implementation Of Imo Instruments In The West And Central African Region, Paul Chika Ochulor Oct 2023

Abuja Mou As A Facilitator For The Implementation Of Imo Instruments In The West And Central African Region, Paul Chika Ochulor

World Maritime University Dissertations

No abstract provided.


An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey Oct 2023

An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey

World Maritime University Dissertations

No abstract provided.


Enhancement Of Search And Rescue Missions In The West Coast Of Africa : Examining The Possibilities Of Use Of Drones In Cabo Verde Search And Rescue, Artemisa Cristina Gomes Neves Mota Oct 2023

Enhancement Of Search And Rescue Missions In The West Coast Of Africa : Examining The Possibilities Of Use Of Drones In Cabo Verde Search And Rescue, Artemisa Cristina Gomes Neves Mota

World Maritime University Dissertations

No abstract provided.


Support A Safety Learning Culture In Port State Control Regime, Peng Lyu Oct 2023

Support A Safety Learning Culture In Port State Control Regime, Peng Lyu

World Maritime University Dissertations

No abstract provided.


Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka Oct 2023

Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka

World Maritime University Dissertations

No abstract provided.


Stakeholders’ Perception On The Benefits Of Mangrove Restoration In Liberia, Mark Mikely Oct 2023

Stakeholders’ Perception On The Benefits Of Mangrove Restoration In Liberia, Mark Mikely

World Maritime University Dissertations

No abstract provided.


Advancing The Blue Economy Through Sustainable Mariculture : The Prospect Of Pearl Oyster And Sponge Farm Cultivation In St. Vincent And The Grenadines, Kevin Antonio Providence Oct 2023

Advancing The Blue Economy Through Sustainable Mariculture : The Prospect Of Pearl Oyster And Sponge Farm Cultivation In St. Vincent And The Grenadines, Kevin Antonio Providence

World Maritime University Dissertations

No abstract provided.


Implications Of Marine Heatwaves For The Blue Economy In Ghana, Louisa Pokua Sarkodie Oct 2023

Implications Of Marine Heatwaves For The Blue Economy In Ghana, Louisa Pokua Sarkodie

World Maritime University Dissertations

No abstract provided.


Assessing The State Of Implementing The International Maritime Organization (Imo) Strategy For Addressing Marine Plastic Pollution In Nigeria, Lucia Urinrin Ushie Oct 2023

Assessing The State Of Implementing The International Maritime Organization (Imo) Strategy For Addressing Marine Plastic Pollution In Nigeria, Lucia Urinrin Ushie

World Maritime University Dissertations

No abstract provided.


Impact Of Crude Oil Trade On Nigeria’S Economy : A Time Series Approach, Ihuoma Grace Chukwuma-Ekwueme Oct 2023

Impact Of Crude Oil Trade On Nigeria’S Economy : A Time Series Approach, Ihuoma Grace Chukwuma-Ekwueme

World Maritime University Dissertations

No abstract provided.


Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier Oct 2023

Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier

Fordham Law Voting Rights and Democracy Forum

In 2021, the United States Supreme Court in Americans for Prosperity Foundation v. Bonta considered the anonymous speech rights of charitable donors against the California Attorney General’s interest in preventing wrongdoing by charitable organizations. The Court applied exacting scrutiny, a standard traditionally applied to campaign finance disclosure laws, determining that California’s requirement was facially invalid as a violation of associational rights. Bonta did not concern campaign finance, making this application of exacting scrutiny novel. This Article considers the open questions raised by Bonta regarding how exacting scrutiny should be applied and what it means for the future of campaign finance …


The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker Oct 2023

The Case For Federal Deference To State Court Redistricting Rulings: Lessons From Ohio’S Districting Disaster, John Sullivan Baker

Fordham Law Voting Rights and Democracy Forum

In a watershed 2015 referendum, Ohioans decisively approved a state constitutional amendment that prohibited partisan gerrymandering of General Assembly districts and created the Ohio Redistricting Commission. Though the amendment mandated that the Commission draw proportional maps not primarily designed to favor or disfavor a political party, the Commission—composed of partisan elected officials—repeatedly enacted unconstitutional, heavily gerrymandered districting plans in blatant defiance of the Ohio Supreme Court.

After the Ohio Supreme Court struck down four of the Commission’s plans, leaving Ohio without state House and Senate maps just months before the 2022 general election, a group of voters sued in the …


Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong Oct 2023

Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong

Fordham Law Voting Rights and Democracy Forum

Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …


Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner Oct 2023

Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner

Fordham Law Voting Rights and Democracy Forum

What constraints should the protection of political equality place on the design of electoral systems? With the exception of requiring approximate population equality across a jurisdiction’s districts, the U.S. voting rights regime accepts substantial disproportionality in voting strength. This Article addresses the current Supreme Court’s abandonment of the Second Reconstruction’s “one person, one vote” standard with regard to both racial and partisan gerrymandering, and assesses the role that Congress and political science have played in this transition. This Article argues that an unabridged voting rights regime must recognize a standard of proportional representation derived from the protection of individual political …


Discriminatory Intent Claims Under Section 2 Of The Voting Rights Act, Amandeep S. Grewal Oct 2023

Discriminatory Intent Claims Under Section 2 Of The Voting Rights Act, Amandeep S. Grewal

Fordham Law Voting Rights and Democracy Forum

This Article addresses a new controversy over whether Section 2 of the Voting Rights Act prohibits laws that exhibit “only” discriminatory intent, in the absence of discriminatory results. Lower courts have long embraced an intent approach for Section 2. And the Department of Justice has rested its entire ongoing case against Georgia’s controversial voting bill on an intent approach.

However, this Article shows that the Supreme Court’s decision in Brnovich v. DNC effectively rejects the intent approach to Section 2. In April 2023, the Eleventh Circuit reversed its prior cases and now rejects an intent theory. This puts in peril …


Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Ronald H. Filler Institute For Financial Services Law Oct 2023

Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

October 26, 2023