Law Commons^™

Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra

Popular Media

This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.

Copyright Fiduciaries: Problems And Solutions, Jessica Silbey

Faculty Scholarship

Andrew Gilden & Eva E. Subotnik, Copyright’s Capacity Gap, 57 U.C. Davis L. Rev. __ (forthcoming, 2023), available at SSRN (Aug. 9, 2023).

In this forthcoming article, Andrew Gilden and Eva Subotnik begin an important conversation about an underexplored area of copyright law. Their focus is copyright law’s inconsistent treatment of mental capacity. Under copyright law, copyright authors can produce valuable copyrighted work but those same authors may lack the legal capacity to make decisions about if, when, or how to exploit that work. For example, children and people with mental illness or disability can be copyright authors, but …

Brief Amicus Curiae Of The Bruderhof, Clear, The Jewish Coalition For Religious Liberty, And The Sikh Coalition In Support Of Rehearing En Banc, Francesca Matozzo

Court Briefs

No. 22-30686
Damon Landor v. Louisiana Department of Corrections and Public Safety

Appeal from the United States District Court for the Middle District of Louisiana, No. 3:21-cv-733 The Honorable Shelly D. Dick, Chief Judge

From the Summary of the Argument

The Fifth Circuit should rehear en banc the panel decision in this case because it presents a “question of exceptional importance” under Fed. R. App. P. 35: whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) authorizes monetary damages. This issue is exceptionally important for two reasons.

Law And Its Limits: Ethical Issues In Mary Shelly's Frankenstein Or, The Modern Prometheus, David S. Caudill

Faculty Publications

The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …

Bank Runs In The Digital Economy: The Need For Stablecoin Regulation, Daniel W. Borneman

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Juvenile False Confessions And Uninformed Plea Deal Acceptances: The Need For Stronger Procedural Safeguards In Contemporary State Legislation, Michael J. Oros

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Finalizing The Final Rule: Why The Fdca Requires Safe Harbors, Kelly Reynolds

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Cfaa And Van Buren: A Half-Measure For A Whole-Ly Ineffective Statute, Samantha Hourican

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Real Right To Litigate: Dismantling Mandatory Arbitration And The Restoring Justice For Workers Act, Ryan Schimmel

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

“Mom And Dad Won’T Let Me Get Vaccinated:” Making The Case For Comprehensive State Minor Consent To Vaccination Laws, Michela Gatto

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Consequences Of Extraterritoriality: The Gun Industry, Gun Trafficking, And Mexico, Sarah Wisniewski

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 47, No. 2 2023

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Additional Materials For Judicial Uses Of Images: Vision In Decision, Peter Goodrich

Online Publications

These images are taken from published judicial decisions that are publicly available. The instances used are to analyze the manner in which judges see the subject matter of disputes and to elaborate a theory of the vision underlying decisions.

Pension Forfeiture: A Legislative Framework For Circumventing The Eighth Amendment, Joshua Halma

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Survivors’ Choice: Nullifying Ndas In New Jersey’S Employment And Family Practices, Eve Litvak

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A New Definition Of “Clear Proof”, Andrea Fiorica

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Use-Ful Update: Promoting Safer Roadways Through Stricter Distracted Driving Laws, Jonathan Ross

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Preserving Anonymity, The Virtue Of Cities: Weighing The Effectiveness Of New York City’S Biometric Identifier Law And The Need For Major U.S. Cities To Follow Its Lead, Luke Fischer

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Table Of Contents - Vol. 47, No. 3 2023

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

I Can’T Believe It’S Not Skittles! Broad Summary Of Advertising And Packaging Regulations For Cannabis Dispensaries In New York State, Lauren Woods

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Newly passed legislation often represents the changing nature of public opinion and societal attitudes. In New York State, for example, the general public’s softening and more accepting view of marijuana consumption was highlighted when the state approved legal marijuana use in a medical setting in 2014. Seven years later, New York State passed the Marihuana Regulation & Taxation Act (“MTRA”) and officially legalized “the possession of adult-use recreational cannabis for all adults over the age twenty-one.” A highlight of the act is how it addresses how the current state of cannabis regulation in the state is suboptimal, and how its …

The Aftermath Of Murphy V. Ncaa: State And Congressional Reactions To Leaving Sports Gambling Regulation To The States, Ethan Mordekhai

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In 2018, the Supreme Court ruled in Murphy v. NCAA that the Professional and Amateur Sports Protection Act of 1992 (“PAPSA”) violated the anti-commandeering rule and was therefore unconstitutional. PAPSA had effectively barred states from authorizing sports gambling. The act did not make sports gambling a federal crime, however it did allow professional sports organizations to bring civil actions to enjoin violations. Thus, after the New Jersey legislature authorized sports gambling in 2012, the NCAA brought a federal action to enjoin the law on the ground that it violated PAPSA. The case made its way to the Supreme Court, and …

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023 Event Invitations

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

Cita B. Litt, And Jack Litt, Llc, Plaintiffs / Appellants, V. Haynie & Co., David Peterson, And Daniel Baird Defendants / Appellees : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County The Honorable Keith Kelly

Vincent J. Velardo, Thomas J. Rollins, Attorneys for Defendants/Appellees

John W. Mackay, Ryan W. Smith, Elliot Anderson, Attorneys for Plaintiff/Appellant

The Hidden Withdrawal Epidemic Of Cymbalta (Duloxetine): The Inequities Of The Learned Intermediary Doctrine In Cymbalta Litigation And The Necessity Of An Fda Re-Evaluation, Melanie Filocco

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

“No Concrete Harm, No Standing:” Aggrandizing Standing Doctrine In A Credit-Centered America, Zachary R. Cimring

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

An Insurance Policy For Discrimination: A Review Of The Eeoc’S Qualification Inquiry And After-Acquired Evidence Doctrine In Light Of Anthony V. Trax International Corporation, Caitlin Whetham

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Preliminary-Hearing Waivers And The Contract To Negotiate, Michael D. Cicchini

Pepperdine Law Review

Plea bargaining often begins very early in a criminal case—sometimes before the preliminary hearing, or “prelim,” is held. Be-cause of the time, effort, and risk involved in holding a prelim, the prosecutor may make the defendant a prelim waiver offer. That is, if the defendant agrees to waive the prelim, the prosecutor will hold a particular plea offer open for the defendant’s future consideration. Such prelim waiver offers may be skeletal, at best, but will often include the promise of “future negotiations” to fill in the details. When the prosecutor obtains the defendant’s prelim waiver for the promise of future …

Week Of October 16, 2023 - October 20, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Vol. 65, No. 08 (October 16, 2023)

Indiana Law Annotated

No abstract provided.