Law Commons^™

‘Tis The Season For Finals & Study Aids, Olivia Smith Schlinck

Library Staff Online Writings

We’re in November, and finals are just around the corner. That means busier libraries, stressed students, and, for many, study aids. Can your students get these materials through your institution, or must they look elsewhere?

Auc Community Only Lecture: Gender-Based Violence (Gbv), Women & The Law In Egypt, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This special guest lecture was part of the course “Exploring Feminist Perspectives in Egypt and the US” taught by CASAR Adjunct Faculty Yasmeen El-Ghazaly. The lecture was given in Arabic by Counselor Mohamed Samir, who is a senior member of the judicial authority in Egypt, responsible for the accountability of civil servants’ crimes and misconduct. He is also a lecturer in Political Science and Gender Based Violence Crimes. Samir has over 25 years of experience in his career, and was invited to discuss “challenges and legal obstacles women face when discussing gender based violence in Egypt.” In his insightful lecture, …

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago

Immigration Law Blog

This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.

Copyright, Data Mining And Developing Models For South African Natural Language Processing, Chijioke Okorie

Joint PIJIP/TLS Research Paper Series

This paper sets out the issues of copyright ownership and risk of copyright infringement liability raised by data science research use of data held by public bodies (in particular, public service broadcasters) in South Africa. Considering both the fair dealing exception in South Africa’s Copyright Act of 1978 and the proposed fair use provision in its Copyright Amendment Bill B13F-2017, the paper discusses these issues elaborating on the reasons why data science researchers in public research institutions should not require a copyright licence or be considered to be infringing copyright when they use copyright-protected materials held by public bodies for …

Who Cares Whether A Monopoly Is Efficient? The Sherman Act Is Supposed To Ban Them All, Robert H. Lande

All Faculty Scholarship

Section 2 of the Sherman Act was designed to impose sanctions on all firms that monopolize or attempt to monopolize regardless whether the firm engaged in anticompetitive conductor, and regardless whether the firm is efficient. This conclusion emerges from a textualist analysis of the language of Section 2. This article briefly analyzes contemporaneous dictionaries, legal treatises, and cases, and demonstrates that when the Sherman Act was passed the word “monopolize” simply meant that someone had acquired a monopoly. The term was not limited to monopolies acquired through anticompetitive conduct or monopolies that were inefficient. An attempt to monopolize also had …

American Constitution Society Presents: Voting Rights Going Into 2024, Cardozo American Constitution Society (Acs), Katherine A. Shaw

2023–2024 Flyers

No abstract provided.

1l Public Service Summer Job Panel, Cardozo Public Service Scholars Program

2023–2024 Flyers

No abstract provided.

A Major Development To End Impunity For Mass Atrocities: The Ljubljana – The Hague Convention On International Cooperation In The Investigation And Prosecution Of The Crime Of Genocide, Crimes Against Humanity, War Crimes And Other International Crimes, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2023–2024 Flyers

No abstract provided.

Taking A Law School Exam, Cardozo Minority Law Student Alliance (Mlsa)

2023–2024 Flyers

No abstract provided.

Review Sessions, Asian Pacific American Law Student Association (Apalsa), Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Unopposed Motion Of The International Council Of Thirteen Indigenous Grandmothers And Carol Logan To File Amicus Curiae Brief In Support Of Appellants, Stephanie Hall Barclay, John A. Meiser

Court Briefs

No. 23-50746
Perez v. City of San Antonio

Appeal from the United States District Court for the Western District of Texas Honorable Fred Biery (5:23-cv-00977-FB)

From the Unopposed Motion for Leave to File Amicus Curiae Brief

Pursuant to Federal Rule of Appellate Procedure 29(a)(3) and Fifth Circuit Rule 27.4, the International Council of Thirteen Indigenous Grandmothers and Carol Logan respectfully move for leave to file a brief as amici curiae in support of Plaintiffs-Appellants Gary Perez and Matilde Torres. A copy of the proposed brief is attached to this motion.¹

The Legal Future Of Telemedicine Technology, Eiman Mohammed Alkalbani

Thesis/ Dissertation Defenses

Over the past few years, the field of information and communication technologies (ICT) has experienced remarkable advancements that have brought about significant revolutions in various aspects of public life. One notable area that has been greatly influenced by these advancements is telemedicine. Telemedicine has had a profound impact on interpersonal relationships and the supply of medical services in both developed areas and remote.
What sets telemedicine apart from traditional hospital healthcare is its ability to bridge the gap between doctors and patients without the need for physical proximity. However, the implementation of telemedicine in different countries requires the establishment of …

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Out Of The Shadows: The Need For Increased Scrutiny Of Shadow Banking In China, Benson M. Clements

Cardozo International & Comparative Law Review (CICLR) Blog

Zhongrong International Trust Co., a Chinese investment trust with significant real estate exposure, has missed payments on dozens of corporate trust products since late July. Retail investors are left with frustration and panic as they fear they may have lost their life savings. Regulators are concerned they may have to further tame an already faltering economy. It may be time to question the free reign with which shadow banks have enjoyed for decades.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, 2023. The original post can be accessed via the Archived Link …

The Sports Betting Advertising Boom: Possible Regulations To Avoid The Bust, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Whether you watch sports or not, you’ve likely experienced a bombardment of sports gambling advertisements. Since the federal ban on sports betting was lifted, there has been a marketing blitz by the gambling industry in an attempt to capture new consumers in their emerging and rapidly growing industry. It has been estimated that the total ad spend for sports wagering in the United States will reach $2 billion in 2023, which is an 8% increase from the previous year.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The original post …

Torts In Sports: Exploring The Boundaries Of Assumption Of Risk, Ben Gross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the thrilling world of sports, we are accustomed to witnessing athletes push their bodies to the limits, seeking glory on the field, court, or rink. Alongside these incredible feats, however, come the inevitable injuries. Whether it’s a bone-jarring tackle, a slide into home base, or a body check in ice hockey, the risk of injury is part and parcel of competitive sports. Injuries can manifest in numerous forms and under diverse circumstances, spanning from physical environmental factors to those stemming from the actions of fellow participants. Yet, when is an injury just an unfortunate consequence of the game, and …

Djs, Ip, And Nfts, Oh My!: A Closer Look At The Changing Music Industry Landscape Of Today, Sara Casey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In generating over eleven million dollars and a lawsuit, the legal implications of American DJ, 3LAU’s, record-setting Non-Fungible Token (NFT) auction in 2021 have yet to be fully understood by the music industry. DJ 3LAU, or Justin Blau, is one of many artists convinced that NFTs are the catalyst to transforming the status quo of the industry’s business model. For Grammy-nominated DJ Steve Aoki, NFTs offer new expansive connections as Aoki communicates, and even collaborates with, fans through NFTs’ digital realms.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The …

Ballsa Alumni And Student Networking Social, Black, Asian & Latino Law Students Association (Ballsa), Latin American Law Students Association (Lalsa), Asian Pacific American Law Student Association (Apalsa), Muslim Student Association (Msa), Southeast Asian Law Student Association (Salsa)

2023–2024 Flyers

No abstract provided.

Pre-Finals Goody Bags, Cardozo Dispute Resolution Society, Cardozo Family Law Society

2023–2024 Flyers

No abstract provided.

From The Frontlines: A Student Panel On The Israel-Hamas Conflict, The Louis Brandeis Center For Human Rights Under Law

2023–2024 Flyers

No abstract provided.

Episode 4: Title Ix, Sara Gras

Season 01

This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, …

Diversity Career Initiatives For 1l Summer, Cardozo Office Of Career Services, Cardozo Office Of Student Services & Advising, Cardozo Black Law Students Association

2023–2024 Flyers

No abstract provided.

Week Of November 13, 2023 - November 17, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Toggle Boggle, Leah Litman

Reviews

What is sex discrimination? Or, more generally, what is discrimination?

This question has often centered around a few recurring divisions in constitutional and antidiscrimination law. One division is between intentional discrimination and disparate impact theories of liability; another break is between formal equality and substantive equality; another, related divide is between anti-classification theories of equality and anti-subordination theories.

Mmu: 11/13/23–11/19/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …

Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker

St. Mary's Journal on Legal Malpractice & Ethics

The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.

Unauthorized Practice Or Untenable Prohibitions: Refining And Redefining Upl, Jan L. Jacobowitz, Peter R. Jarvis

St. Mary's Journal on Legal Malpractice & Ethics

An extraordinarily number of Americans either cannot afford or cannot find lawyers to assist them on civil legal matters. And an increasing number of Americans turn either to on-line apps or to nonlawyer professionals whose practices may overlap in whole or in part with what lawyers do. Although individuals receive much needed assistance, these alternative providers often confront allegations of committing the unauthorized practice of law. Unfortunately, the rules regarding the unauthorized practice of law (“UPL”) are both outdated and extraordinarily ambiguous. Moreover, UPL issues regarding alternative providers are distinct from questions concerning whether nonlawyers should be entitled to be …

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Sixth Judicial District Court for Garfield County Judge Mandy Larsen Reply

Jerry Jaeger Nicolas C. Wilde Special Garfield County Law Attorney

Nicolas C. Wilde Law Office of Nicolas C. Wilde, LLC Trevor J. Lee Hoggan Lee Hutchinson Attorneys for Appellant