Law Commons^™

Copyright For Graduate Works: Do I Need Permission To Use This?, Stephanie Wiegand

Bear GRADS

When writing a graduate work, you may come across other excellent works that elevate your own work – a diagram explaining a process, a survey instrument for collecting data, an artwork that illustrates a concept, a piece of sheet music for analysis, and more. How can you ethically and legally incorporate these works into your research and writing? This session will discuss the basics of using portions of copyrighted works in your graduate work and provide real-life examples.

Russia, Ukraine, Anti-Money Laundering And Know Your Customer: Due Diligence Concerns For The Art Market, Cardozo Fame Center, Cardozo Art Law Society

2023 Event Invitations

This panel is jointly sponsored by Cardozo School of Law's Art Law Society and its FAME Advisory Board. Speakers from Ukraine will address the nature and extent of the destruction to and looting of Ukraine’s cultural heritage. A representative of U.S./international law enforcement will address the leakage of looted material to the U.S. and international art markets and government efforts to interdict hot material. Representatives of U.S. auction houses and private galleries will address the KYC and AML procedures used by the private sector to avoid handling looted material.

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …

The Uncertain State Of Navajo Water Rights After Arizona V. Navajo Nation, Ezra Littlewood

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

Between 30-40% of Navajo households lack access to running water, and many households haul water from communal wells, which is expensive and time-consuming. Navajos use approximately one-tenth as much water as the average American household. To this day, the Navajo Nation has been unable to get its water rights quantified and converted into usable water for its citizens despite the Navajo Reservation’s founding treaty implicitly reserving “necessary water to accomplish the purpose of the Navajo Nation.”

This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on November 9, 2023. The original post can …

Writer V. Big Pharma: How John Green, Author And Youtuber, Fought The Evergreening Of A Drug Patent, Rachel Bier

Cardozo International & Comparative Law Review (CICLR) Blog

Tuberculosis (TB), an illness caused by the bacterium Mycobacterium tuberculosis, is the deadliest disease in human history. In the 1950s and 1960s, scientists developed several drugs that could treat TB. These developments meant that TB became a curable disease. However, TB remains a terrible epidemic in poor communities around the world. About 4,000 people die from TB every day, with over eighty percent of those deaths occurring in low- and middle-income countries.

This post was originally published on the Cardozo International & Comparative Law Review on November 9, 2023. The original post can be accessed via the Archived Link button …

Advocate Training Session 1 Of 2, Cardozo Courtroom Advocates Project (Cap)

2023–2024 Flyers

No abstract provided.

Family Law Judge Panel, Cardozo Family Law Society, Gertrud Mainzer Program In Family Law, Policy And Bioethics

2023–2024 Flyers

No abstract provided.

Dhamaka, Cardozo Southeast Asian Law Students Association

2023–2024 Flyers

No abstract provided.

Russia, Ukraine, Anti Money Laundering, And Know Your Client: Due Diligence Concerns For The Art Market, Cardozo Art Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

The Robot's Civil Liability For Medical Errors, Saeed Ali Al Ghaithi

Thesis/ Dissertation Defenses

The researcher addresses a critical issue regarding robot technologies and their impact on legal liability within the healthcare sector in the research titled "The Robot's Civil Liability for Medical Errors". This scientific study aims to comprehend the legal challenges associated with the growing utilization of robots and intelligent systems in medical procedures, as well as how to establish medical error liability in this context .
The research starts with a review of the existing legal frameworks of traditional medical liability, providing a general overview of technology developments in healthcare and their application in utilizing robots. The study sheds light on …

Pretrial Justice In Out-Of-The-Way Places – Including Rural Communities In The Bail Reform Conversation, Jordan Gross

Montana Law Review

No abstract provided.

Why Antitrust? Perspectives On Antitrust Career Paths, Cardozo Antitrust Society, New York State Bar Association

2023–2024 Flyers

No abstract provided.

The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu

Congressional Testimony

No abstract provided.

Intellectual Property And “The Lost Year” Of Covid-19 Deaths, Madhavi Sunder, Haochen Sun

Georgetown Law Faculty Publications and Other Works

Protecting intellectual property (IP) is a question of life and death. COVID-19 vaccines, partially incentivized by IP, are estimated to have saved nearly 20 million lives worldwide during the first year of their availability in 2021. However, most of the benefits of this life-saving technology went to high- and upper-middle-income countries. Despite 10 billion vaccines being produced by the end of 2021, only 4 percent of people in low-income countries were fully vaccinated. Paradoxically, IP may also be partly responsible for hundreds of thousands of lives lost in 2021, due to an insufficient supply of vaccines and inequitable access during …

Business & Wine Etiquette Class, Cardozo Wine Society

2023–2024 Flyers

No abstract provided.

Rela Presents: Guest Speaker, Cardozo Real Estate Law Association

2023–2024 Flyers

No abstract provided.

Exposure Of The Audience To Eco-Horror Movies And Its Relationship To Their Ecophobia Nature's Revenge Movies As A Model, Reham Refaat Mohammad Abdelaal

Middle East Journal of Communication Studies

This study provides the first synthesis of the empirical literature on the psychology of Eco-horror film using multi-disciplinary research from media studies, psychology, neurobiology, psychotherapy, communication studies, clinical psychology, Aesthetics and Art. The study sought to identify the relationship between Audience's exposure to Eco-horror Movies and its Relationship to their Ecophobia, the study belongs to the descriptive studies, and the researcher used the media survey method, This study uses the Magic-Bullet Theory, or hypodermic needle theory’ , The Uses and gratifications Theory, Protection motivation theory (PMT)and the protective frame theory to develop a theoretical framework for ascertaining the type of …

Washington's General Rule 37 And Montana's Call For Jury Selection Reform, Ellen Boland Monroe

Montana Law Review

In April 2018, the Washington Supreme Court became the first in the nation to adopt a court rule to combat implicit bias in the jury selection process. 2 General Rule 37 (“GR 37”) eliminates the need to raise an inference of purposeful discrimination, lists presumptively invalid reasons for exercising a peremptory strike that are historically associated with racial stereotyping, and uses an objective standard to determine if race or ethnicity could be viewed as a factor in the strike. 3 These changes address growing concerns that the current framework for evaluating biased peremptory strikes has failed to combat discrimination while …

Apparent From The Context: The Contemporaneous Objection Rule And Montana Rule Of Evidence 103(A)(1), Lauren R. Fox

Montana Law Review

It’s a rare millennial who is not familiar with “Legally Blonde,” a movie about an unlikely law school candidate attending Harvard Law School. In her application video, Elle Woods, click-clacking along in her high heels and pink sundress, tells the camera that she “feel[s] comfortable using legal jargon in everyday life.” The audience hears a wolf whistle, and a shirtless man runs up, pats her on the backside, then runs on. She says, “I object!”, gives the camera a big smile, and continues on her way. Although this scene is clearly a comedic Hollywood creation, the legal jargon Ms. Woods …

The Big Sky Shadow Docket: Noncite Opinions And The Montana Supreme Court, Blake Koemans

Montana Law Review

More than half of the Montana Supreme Court’s written opinions in 2022 carry no precedential value and cannot be cited as binding authority to a Montana court. The same is true for opinions issued in 2021, 2020, and 2019. Thousands of opinions—tens of thousands of pages, filled with the Court’s legal reasoning, factual applications, policy judgments, and practical advice—are unusable. Montana is not alone in this phenomenon as unpublished opinions constitute the majority of opinions in many other juris- dictions around the country. Consequentially, this outdated practice is impacting the law in Montana and throughout the country. Nonpublication was an …

Must We All Be Bold As Lions? Unfair Prejudice From Evidence Of Flight And Alternative Standards, Parker Streets

Montana Law Review

A dramatic escape from a rehabilitation hospital, a high-speed car chase resulting in a crash, and an admission of fleeing to avoid jail. Despite fitting the description of an action movie, State v. Strizich presented a conundrum for the Montana Supreme Court, one that created substantial disagreement among the justices on whether evidence of the defendant’s flight should be admitted at trial. One major disagreement was whether to apply the four inferences test used by the federal courts, whereby courts determine the probative value of flight evidence—and therefore, its admissibility at trial—by assessing: the degree of confidence with which four …

The Montana Supreme Court – The Statistics, Monte Cole, Adam Taub

Montana Law Review

The Montana Supreme Court is Montana’s highest court. Unlike most state court systems, Montana does not have an intermediate appellate court. The Montana Supreme Court hears direct appeals from all of the district courts across the state, as well as from the Workers’ Compensation Court and the Water Court. In keeping with the trends of recent years, the Montana Supreme Court has continued to issue more than twice the number of opinions as the United States Supreme Court. Many of these opinions become binding precedent that Montana’s legal community must keep abreast of and incorporate into their practices and scholarship. …

Significant Montana Cases, Paul Dougherty, Amy Rathke, Gordon Wallace

Montana Law Review

In the fall of 2022, the Montana Supreme Court was thrust into the national spotlight in the wake of the United States Supreme Court’s June decision in Dobbs v. Jackson Women’s Health Organization. Political commentators around the country closely watched the election for one of two seats on the highest court in the Treasure State, speculating as to whether the balance would tip in favor of justices likely to follow the direction of the United States Supreme Court and overturn Montana’s constitutional protection of abortion. The judicial election raised questions of partisan influence among the members of Montana’s highest …

Exploring The Importance Of Criminal Legal Aid: A Canadian Perspective, Trevor C. W. Farrow, Marcus Pratt

Articles & Book Chapters

There is a growing global recognition that, in order to address the current access to justice crisis, more research, together with a better understanding of data, is needed. This article, through an examination of existing legal aid research primarily in the area of criminal law, explores some of what we know and do not know about the relative benefits and costs of providing different kinds of criminal legal aid services. Although not a comprehensive review of all available research, this article identifies data strengths and gaps and the need for further research and reforms.

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann

Montana Law Review

No abstract provided.

Treasure State: Gambling Law, Lobbying, And The Case For The Expansion Of Legal Gambling In Montana, Trevor Funseth

Montana Law Review

Drive down a main road in one of Montana’s cities and you will count more casinos than gas stations. What’s more, even the gas station has a casino inside. Pass through a small town and you will likely find at least one Lucky Lil’s or Magic Diamond Casino. Montana is currently home to just under 1,400 state-licensed gambling operators and ranks fifth in the nation in casinos per capita with 1.7 casinos per thousand residents. One study used 21 different metrics including casinos per capita, lottery sales per capita, casino revenues, and gambling-related arrests per capita. Based on these metrics, …

The Severe Or Pervasive Standard In The Modern Age, Levi Kimmel

Montana Law Review

Rising racial tensions in the South following desegregation catalyzed the introduction of the 1964 Civil Rights Act (CRA). However, protections based on gender were not included until the House floor debate on the bill. Congressman Howard Smith, a staunch segregationist, introduced “sex” as a protected class in Title VII of the act as a “poison pill” meant to kill the bill.4 Title VII of the CRA—prior to Smith’s amendment—prohibited employment discrimination based on race, color, religion, or national origin. Supporters of the bill feared the inclusion of sex would cause Northern Democrats allied with labor unions to abandon their support …

Cardozo Aelj Author Interview Series: Matthew Goldman, Class Of 2022, Matthew Goldman

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo AELJ Author Interview Series seeks to give our readers further insight into the Articles and Notes published in the Cardozo Arts & Entertainment Law Journal. In this interview, Matthew Goldman discusses his Note, Fragmented Music Copyright Protection: A Better Arrangement, which was published in Volume 40, Issue 3.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 7, 2023. The original post can be accessed via the Archived Link button above.

To See Or Not To See: Color-Blind Casting And Its Role In The American Theatre Today, Michael Ecker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At best, the theatre has had questionable reputations with inclusivity and representation throughout its storied history. For one, despite its sophisticated form being well-established as early as the ancient Greeks, professional stages in England didn’t see their first actress until the early winter of 1660—with her eighth of December debut being the only “early” thing about it, coming over 2,000 years after public performance’s Mediterranean beginnings. Structural change then—despite often being invoked by the earliest thespians—was slow to materialize internally. Certainly in 2023, the theatre can look back proudly on the breadth of its progress—even still, though, perhaps not proudly …