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Société Des Casinos Du Québec Inc. V. Association Des Cadres De La Société Des Casinos Du Québec: The Supreme Court Of Canada Gambles On Liberal Voluntarism To Provide Meaningful Access To Collective Bargaining, Eric Tucker

All Papers

In April 2024, the Supreme Court of Canada (SCC) unanimously ruled that the exclusion of managerial employees from Quebec’s main statutory collective bargaining regime, combined with a failure to provide them with access to any other statutory labour rights, did not violate their constitutionally protected freedom of association. This decision raises many questions about the future of constitutional labour rights at the Supreme Court. In this brief comment I address what is arguably the biggest takeaway for workers such as the casino managers whose freedom of association is poorly or entirely unprotected by statutory rights: that despite the majority judgment’s …

Digital Scholarship Overview: January – December 2025, Yemisi Dina

Librarian Publications & Presentations

No abstract provided.

Ai And Emerging Technologies: A Path To Sustainability? Navigating Legal And Regulatory Challenges, Magdalena Porzeżyńska, Marek Porzeżyński

Yearbook of Antitrust and Regulatory Studies

Editorial

Assessing Standardisation Initiatives From The European Data Strategy’S Perspective: A Systematic Review, Nicola M.F. Faraone

Yearbook of Antitrust and Regulatory Studies

The paper seeks to provide for an overview of the most relevant European legislative initiatives related to the process of standardization at EU level. While a specific emphasis will be devoted to the AI Act and the Open Banking/Open Finance framework, also the most recent regulation together with the connected European soft law will be addressed.

Cardozo Law News Brief: December 5, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the December 5, 2025, Cardozo Law News Brief include:

• Cardozo’s Freedom Clinic won a clemency case in New Jersey, securing the release of LaShawn Fitch after 15 years in prison.

• Adjunct Professor Michael Wildes ’89 appeared on CNN to discuss a proposed bill ending dual citizenship.

• Professor Rebecca Ingber was quoted in The Guardian, TIME, and The World on the legality of Trump’s boat strike orders in the Caribbean.

• Professor Samuel Weinstein commented in The New York Times on Meta’s antitrust case win.

• Professor Alexander Reinert spoke to MS NOW about senators' ability to sue the …

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Iconic Voices And Ai: The Legal Battle Against Voice Cloning, Ezra Ashkenazi

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In a recent interview with The Guardian, the legendary Hollywood actor, Morgan Freeman, expressed his distaste with AI’s use of his voice. Freeman went on to say, “I get paid for doing stuff like that, so if you’re gonna do it without me, you’re robbing me.” Freeman went further and said that his lawyers “[A]re already ‘very, very busy’ tackling unauthorized artificial intelligence uses of his voice.” While that is the last we have heard from Freeman and his legal team on the matter, this article will analyze the potential legal arguments one can bring to enjoin a company’s …

School And District Leaders’ Understanding Of Technology Organizations’ Cyber Business Practices, Jayejaye Johnson

Journal of Educational Research and Practice

Educational technology (EdTech) interoperability throughout cyberspace provides the financial opportunity to collect and sell student privacy information in digital learning environments, challenging school leaders to govern schools and keep children safe. School leaders provide the resources, funding, planning, decision making, and administration for EdTech cybersecurity practices and policies, yet little is known about what public school leaders understand. A quantitative study was designed using primary data collected from an online survey. Four research questions guided this study: What are the differences in cybersecurity practices and policy response scores (1) between male and female school leaders; (2) among leaders with different …

Ben's Blog 1: What Would Benjamin Cardozo Do? (Wwcd): The Holiday Party Edition, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The inaugural installment of Ben's Blog presents a fictional exchange inspired by Justice Benjamin N. Cardozo, applying his judicial philosophy to contemporary workplace holiday party issues. The blog explores employment law topics including workplace inclusion, alcohol policies, cannabis use, anti-harassment obligations, and employer liability in a lighthearted educational format.

Turkey’S Recent E-Commerce Amendments: A Critical Comparison With The Eu Digital Markets Act, Kaan Kocabas, Jurgita Malinauskaite

Yearbook of Antitrust and Regulatory Studies

Recent regulatory reforms in Turkey aim to address the competitive risks posed by dominant digital platforms, particularly concerning data exploitation, self-preferencing, and discriminatory conduct. Rather than introducing a standalone competition law instrument, Turkey amended its Law on the Regulation of Electronic Commerce to embed competition-related obligations, raising questions about the consistency and coherence of enforcement. This article analyses the legal and institutional implications of these amendments, critically comparing Turkey’s approach with the European Union’s Digital Markets Act (DMA). It argues that while the Turkish amendments reflect global regulatory trends, the lack of a dedicated competition framework risks creating enforcement conflicts …

Bagelmania Holdings, Llc V. Rdh Interests, Inc. C/W 87901, 141 Nev. Adv. Op. 62 (Dec. 04, 2025), Miranda Romero

Nevada Supreme Court Summaries

Affidavit-of-merit and expert report requirements under NRS § 11.258 are satisfied under a single set of submissions where the complainants (1) file a joint complaint, (2) assert identical claims, and (3) represented by the same attorney.

The Doctrine Of Constructive Presence And Damage To Submarine Cables And Other Critical Underwater Infrastructure, Jame Kraska, Elizabeth Hutton

International Law Studies

Maritime law enforcement regarding attacks on critical underwater infrastructure remains one of the weakest parts of the legal system governing undersea infrastructure. While the UN Convention on the Law of the Sea and the 1884 Submarine Telegraphic Cable Convention require States to criminalize and penalize willful or negligent damage to submarine cables, these agreements depend heavily on national enforcement. In international waters, enforcement becomes more complicated due to the principle of exclusive flag State jurisdiction, which limits a coastal State’s ability to enforce laws in international waters. This article proposes that the legal doctrine of constructive presence provides an international …

Talley V. The State Of Nevada, 141 Nev. Adv. Op. 61 (Dec. 04, 2025), Sabrina Richards

Nevada Supreme Court Summaries

No abstract provided.

Field Effect Sec. Inc. V. Eighth Jud. Dist. Ct. (Anderson), 141 Nev. Adv. Op. 63 (Dec. 04, 2025), Mary Shamon

Nevada Supreme Court Summaries

No abstract provided.

Criminalizing Difference: An Intersectional Analysis Of Disability In The Criminal Justice System, Rowan Eisleman

Student Scholar Symposium Abstracts and Posters

This research addresses the central question: How do individuals with disabilities intersect with the criminal justice system, and what systemic factors contribute to their overrepresentation and victimization? Despite over 61 million Americans having disabilities, there exists a significant gap in comprehensive scholarship examining disability-criminal justice intersections, particularly regarding how people with intellectual and developmental disabilities experience unique vulnerabilities as both offenders and victims. This study contributes to disability studies and criminology by providing a comprehensive intersectional analysis examining how disability compounds with race and gender to create compounded marginalization. This study conducted a comprehensive literature review, analyzing government statistics from …

The Role Of Artificial Intelligence In Reducing Internet Crimes Against Children, Malyssa Shaw

Student Scholar Symposium Abstracts and Posters

When generative artificial intelligence (AI) first surfaced and broke into the public sphere, my immediate concern was in its development, implementation, and harmful applications. I was not surprised when deepfake technology rapidly advanced alongside these new developments and impacted women and children worldwide. Disproportionately, they have been made victims of intimate media forgery as early as the 1990s, with an unprecedented uptick in recent years as a direct result of these developments. In response, I wrote "Deepfake, Real Harm: Protecting Children in the Age of AI", analyzing data specifically regarding child sexual abuse material (CSAM) created with artificial intelligence while …

Law Enforcement Officer Perceptions In The Current Socio-Political And Cultural Environment: How Psychological Stress Impacts Overall Job Satisfaction, Mitzie L. Forrest

Doctoral Dissertations and Projects

The purpose of this qualitative study was to explore police officer perceptions of job stress and satisfaction within the occupational environment at a mid-sized police agency in the Southern United States in the five years immediately following the George Floyd incident. Using Grounded Theory (GT), six major socio-political and cultural factors were investigated to determine the effects on police officer wellbeing and overall job satisfaction. The factors explored were defund the police, Black Lives Matter, social unrest, media impact, cancel culture, and woke culture. The data collection process involved the triangulation of data obtained through an agency-wide anonymous survey to …

The Lived Experiences Of School Administrators Addressing School Violence Prevention Strategies And Safety Policies In Tennessee: A Transcendental Phenomenological Study, Trinka Hicks

Doctoral Dissertations and Projects

The purpose of this transcendental phenomenological study was to describe the lived experiences of urban high school administrators addressing school violence prevention policies and strategies in academic settings in an urban school district in Tennessee. The central research question used to lead this study is, what are the experiences of school administrators addressing school violence prevention strategies and safety policies in the academic setting? The theory that guided this study is Bandura’s social cognitive theory. Social cognitive theory emphasizes observation, imitation, and modeling, and the relative connection between behavior and the social environment was applied in this study to evaluate …

Impact Of The 23andme Bankruptcy On Preserving The Public Benefit Of Scientific Data, Jonathan E. Lotempio Jr., Chistopher R. Donohue, Jonatahan D. Moreno, Ana Santos Rutschman, Joshua Sarnoff, Michael S. Sinha, Thomas Stoeger, Jorge L. Contreras

Faculty Publications

The bankruptcy of 23andMe was an inflection point for the direct-to-consumer genetics market. Although the privacy of consumer data has been highlighted by many as a concern, we discuss another key tension in this case: the corporate enclosure of scientific data that has considerable potential value for biomedical research and public health.

“Quasi-Judicial”: A History And Tradition, By Beau J. Baumann & Jed H. Shugerman, Beau J. Baumann, Jed Handelsman Shugerman

Faculty Scholarship

“I do not say the office is either Executive or Judicial; I think it rather distinct from both, though it partakes of each, and therefore some modification, accommodated to those circumstances ought to take place.” – James Madison on the Comptroller, June 29, 1789

On Monday, December 8th, the Supreme Court will hear oral arguments in Trump v. Slaughter. The case presents a pivotal challenge to Humphrey’s Executor, the New Deal precedent underpinning so-called independent agencies. In Humphrey’s, the Hughes Court unanimously held that Congress could shield administrators from presidential removal if they exercised “quasi-judicial” or …

Opening Brief For Plaintiff-Appellant Jacob Julick, Aryssa Harris, Cameron Tong, Madeline H. Meth

Faculty Scholarship

For ten days in the middle of winter, officers at the Kentucky State Penitentiary (KSP) confined Jacob Julick in freezing cells, dressed only in paper boxers, and without access to hygiene products, a shower, cleaning products, bedding, or shoes. The reason? Mistaken retribution in response to a recent assault on an officer in which Julick was not involved.

When Julick reported experiencing suicidal thoughts, Defendant Officer Jason Denny mocked him, telling him to “kill [him]self and do them the favor.” Shortly after, Julick was moved from his first solitary cell to a strip cage where he was handcuffed, shackled, and …

Ways Of Acquiring Ownership According To Legislation In The Republic Of Kosovo, Erëza Vladi, Enisa Haliti, Sevdai Morina

International Journal of Business and Technology

The Constitution of the Republic of Kosovo considers the right of ownership as a constitutional category, which means that the Law on Property and Other Property Rights of Kosovo regulates the way of gaining and losing ownership, but in our case we will discuss only the ways of her profit in real estate. According to Article 18, paragraph 1 of the Law on Property and Other Property Rights of Kosovo, property is defined as follows: "Ownership is the complete right to an object. The owner can dispose of the thing according to his wish, especially to possess and use it, …

Law School News: Coming Full Circle: A Career With The Hague 12-3-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Legal Considerations On Predictive Policing Based On Italian ‘Algorithmic Administration’ Principles, Stefano Rossa

Yearbook of Antitrust and Regulatory Studies

In Beck’s current risk society, the State is faced with a dilemma. To fail before the risk but to keep the sphere of citizens’ rights intact; or not to fail but to restrict fundamental rights? This payoff turns out to be the main issue that juridical reflections on the use of predictive technology tools in the public sector must consider. Policing is an administrative function that is mainly composed of acts of a preventive nature. By using ICT, it is possible to employ AI systems with a very high rate of certainty to ‘predict’ future crime scene. But is it …

The 'Pay-Or-Consent' Model And Competition Policy: A Case Comment On The European Commission’S Decision Against Meta Under The Digital Markets Act, Arletta M. Gorecka

Yearbook of Antitrust and Regulatory Studies

This case comment analyses the European Commission’s first non-compliance decision under the Digital Markets Act (DMA), focusing on Meta’s “pay-orconsent” model and its incompatibility with Article 5(2). The Commission held that Meta failed to provide users with a genuinely equivalent, privacy-protective alternative to behavioural advertising, thereby undermining the voluntariness of consent and commodifying user data in violation of DMA standards. The comment situates the ruling within broader EU regulatory trends, highlighting parallels with Apple’s infringement of Article 5(4) DMA and the Commission’s emerging outcomes-oriented enforcement approach. It argues that these decisions jointly clarify gatekeeper obligations, expand the meaning of “free …

Fide 2025: Eu Digital Economy: General Framework (Dsa/Dma) And Specialised Regimes With Follow-Up Considerations On “Regional Gatekeepers”, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Masthead

University of Miami Inter-American Law Review

No abstract provided.

Eyes Everywhere: Unpacking The Digital Surveillance State In Mexico And The Legal Blind Spots, Danielle Mena

University of Miami Inter-American Law Review

This article examines the rise of digital surveillance in Mexico and its implications for privacy, human rights, and democratic governance. Despite constitutional and legislative protections guaranteeing personal privacy and freedom of expression, Mexico has developed one of the most extensive surveillance systems in the Americas. Through tools such as Pegasus spyware and the C5 urban surveillance network, government agencies have expanded their monitoring capabilities, often under the guise of national security. However, the misuse of these technologies against journalists, activists, and political dissidents reveals legal and institutional deficiencies. The article analyzes the evolution of Mexico’s digital surveillance infrastructure, identifies the …

The Penalty Is Declined: The Nfl's Exclusive Streaming Agreements And The Limits Of Antitrust Law, William Holt

Minnesota Law Review Vols. 106:2 onward (2021-present)

The National Football League’s (NFL) decision to grant NBCUniversal’s Peacock streaming service exclusive rights to carry the 2023–24 wild-card matchup between the Kansas City Chiefs and the Miami Dolphins signaled a major shift in the league’s media distribution strategy. Football fans that had long depended on free, over-the-air broadcasts for the most pivotal games of the year suddenly discovered that they had to subscribe to, and pay for, a streaming service they otherwise did not want or need.

The migration of live sports programming away from conventional broadcast networks touches on more than subscription fatigue and rising credit card statements. …

Ai Companions And The Lessons Of Family Law, Clare Huntington

Minnesota Law Review Vols. 106:2 onward (2021-present)

Virtual friends and lovers powered by artificial intelligence are rapidly moving to the center of our emotional and social lives. Millions of people turn to AI companions every day for conversation, romance, sexual intimacy, therapy, and education. AI companionship holds promise, potentially reducing loneliness, supporting people without access to mental health treatment, helping students learn, and offering a judgment-free space for sensitive conversations. But AI companionship also raises significant concerns. The technology’s addictiveness may exacerbate loneliness and can undermine human relationships. Therapy bots may prove more harmful than helpful. AI companions can be emotionally abusive. And their access to the …

The Good, The Bad, And The Ugly: A Comparative Constitutional Analysis Of Whistleblowing Speech, The Government's Managerial Domain, And The Imperatives Of Democratic Self-Government, Ronald J. Krotoszynski Jr.

Minnesota Law Review Vols. 106:2 onward (2021-present)

Since issuing its 1968 landmark decision in Pickering, which first recognized that the First Amendment protects government employees’ speech about matters of public concern, the U.S. Supreme Court has proceeded to whittle away First Amendment protections for government employees. The Justices have done so by adopting a series of categorical exclusions to Pickering that all strongly favor the government as an employer and manager. These subsequent decisions have created a jurisprudential obstacle course that government employees must successfully run in order to invoke the Free Speech Clause at all. The current U.S. approach is plainly bad. However, it could …