Law Commons^™

El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …

A Phenomenological Study Of The Experiences Of Black Students In Criminal Justice Programs And Its Implications On Social Justice, Demetrius C. Dacres

Seton Hall University Dissertations and Theses (ETDs)

This study examined the experiences of Black students who graduated with degrees in criminal justice within the last five years, as well as professors serving criminal justice programs. In this study, Black students are defined as those who identify as Black or African American, and the research focused on a criminal justice higher education institution’s educational program in the Northeast. This qualitative phenomenological study drew on Lent’s Social Cognitive Career Theory and Tinto’s Student Integration Model to investigate how Black students experienced criminal justice programs and the resources and strategies they utilized to navigate and adapt. The study addressed a …

Editorial, Niveditha K. Prasad

Socio-Legal Review

No abstract provided.

The Case For Fixing The Unprincipled Residence Tax Exemption, Samuel Singer, Allison Christians

Osgoode Hall Law Journal

When Canada overhauled its income tax to include capital gains in 1972, lawmakers suddenly had to decide how to deal with personal home sales. After heated debate, they opted to exclude the gains on an individual’s principal residence on the grounds that the core purpose of a home is to provide “basic shelter” for its owner-occupants.

The principal residence tax exemption has since become one of Canada’s biggest tax shelters and now amounts to one of Canada’s largest tax subsidies to individuals. Along the way, it has created economic distortions, administrative challenges, and inequitable distributive outcomes. While lawmakers have occasionally …

Review Essay: Human Security And Civilian Protection During Violent Conflict, Lauren Spink

The Journal of Social Encounters

No abstract provided.

Review Essay: The New Misogyny And The Rise Of Violent Extremism, Shannon Smith

The Journal of Social Encounters

No abstract provided.

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

Review Essay: The Original Sin Of Humanity, John Sniegocki

The Journal of Social Encounters

No abstract provided.

Review Essay: African Americans, Sudan, And The Politics Of Solidarity, Walter Hill

The Journal of Social Encounters

No abstract provided.

The Rights Of Religious Minorities In Sudan: A Case Study Of Armenians, Jon Armajani

The Journal of Social Encounters

This essay examines the constitutions of the Republic of Sudan and minority rights, with a focus on Armenians in that country.  It provides (1) the demographics of Sudan; (2) an overview of the Armenians of Sudan; (3) a history of Sudan’s constitutions; (4) an analysis of their provisions and related laws on minority rights, citizenship, naturalization, and inheritance; (5) an overview of Sudan’s civil war, which began on April 15, 2023, and (6) a concluding section which analyzes risks to Armenians and other religious and ethnic minorities in Sudan.

A Catalyst For Change: The Extraordinary Anaka Women’S Collective During The June 2026 Belfast Pogrom, Dianne Kirby

The Journal of Social Encounters

Prompted by the pogrom that erupted in Belfast in June this year, this article explores how a women’s collective, Anaka, established by female asylum seekers, refugees and migrants (ASRMs) less than a decade previously, took the lead in ensuring the safety and welfare of the city’s migrant communities in a context where they were horrifically failed by police and politicians, by the state and the institutions meant to protect them. Anaka began as a small-scale endeavour to mitigate the difficulties confronting women struggling to navigate a harsh asylum system. It became a widely respected advocacy and campaigning group for ASRMs. …

Operation Metro Surge In Central Minnesota: A Personal Perspective, Pedro A. G. Dos Santos

The Journal of Social Encounters

This essay provides a personal account, grounded in social science intellectual traditions and methods, of Operation Metro Surge and its aftermath in Central Minnesota. Emphasizing the differences between what happened in Central Minnesota (and other rural areas in the state) and what happened in the Twin Cities Metro area, this essay focuses on two events to contextualize the ways in which Operation Metro Surge disrupted the lives of immigrants and of the Minnesotans trying to protect their neighbors.

The Co-Parent Trap, Daniel F. Bousquet

Brooklyn Law Review

At the same time, a more dynamic method for identifying and protecting unenumerated rights has lacked a normative foundation. That gap has left rights such as same-sex marriage, sexual privacy, and abortion open to the charge that the Court protected them based only on individual justices’ morality. This charge is false. Doctrinally, dynamic due process is constrained by equal protection principles and triggers only rigorous rational basis review. This modest standard leaves majorities free to pursue nearly any interest besides morality standing alone or what courts have called animus.

Sffa’S Slippery Slope: Doctrinal Creep And The Erosion Of Dei, Madeleine Goedicke

Brooklyn Law Review

The Court suddenly departed from forty years of affirmative action case law in SFFA, appearing to hold that race can no longer be used as a factor in higher education admissions policies. This Note analyzes the SFFA opinion and the case law it relies on to illustrate the sudden departure from precedent case law while pointing out important exceptions within the opinion that would permit consideration of race in admissions. Regrettably, the SFFA decision has been invokved by litigants seeking to improperly expand the scope of its holding, encompassing the removal of DEI programs from K–12 and higher education institutions. …

Family Matters: Granting Legal Status To Non-Abusive Parents Under Sijs, Ava Hansen

Brooklyn Law Review

Immigration and family are central to American society, with family reunification long recognized as a core principle of United States immigration policy. Family-based preference visas reflect this priority. Special Immigrant Juvenile Status (SIJS) provides a pathway to lawful permanent resident status for immigrant children who have been abused, neglected, or abandoned by one or both parents. However, individuals who obtain legal status through SIJS are permanently barred from petitioning on behalf of their natural or prior adoptive parent. This restriction applies to children’s non-abusive custodial parents and leaves children who have obtained SIJS vulnerable to having that parent deported due …

A Democratic Defense Of Dynamic Due Process, Miranda Mcgowan

Brooklyn Law Review

The Supreme Court has purported to vindicate democracy when it has deferred to majorities and refused to protect new unenumerated rights and liberties. Nothing could be further from the truth. An originalist or traditionalist method for identifying protected rights and liberties chains us to a discriminatory past. It bakes in a history of discrimination and political exclusion, skewing the set of individual rights that check majority power today. Originalism and traditionalism, in short, confound democratic legitimacy.

Tax Equity In The Era Of Paid College Athletes, Kathryn Kisska-Schulze, Adam Epstein

Brooklyn Law Review

This Article examines the growing use of narrowly tailored state income tax exemptions as a tool to attract elite collegiate athletic talent, focusing on Arkansas’s amended Student-Athlete Publicity Rights Act. Situating this development within the constitutional frameworks of the federal Equal Protection Clause and state uniformity provisions, it analyzes both the economic motivations and legislative intent underlying such policies. As name, image, and likeness (NIL) rights and emerging revenue-sharing models continue to reshape college athlete compensation, states are increasingly pursuing innovative strategies to maintain the competitiveness of their public institutions. Arkansas has emerged as a first mover in this space, …

Balancing The Game: Rethinking Antitrust Law In The Modern Sports Broadcasting Landscape, Andrew Newman

Brooklyn Law Review

The migration of live sports from traditional cable bundles to exclusive digital platforms has transformed the economics of media distribution while complicating the fan experience. Instead of purchasing access through a single channel, viewers now piece together coverage across a growing number of subscription services to watch the games they value. Contemporary antitrust law, anchored in the consumer welfare standard and administered through the Rule of Reason, typically evaluates competitive harm through discrete changes in price or output within defined markets. This Note contends that such metrics overlook the primary burden facing modern sports consumers: the aggregate financial and logistical …

Postcolonial Private Law, Debadatta Bose

Brooklyn Law Review

This Article provides the missing normative foundation by linking dynamic due process and rigorous rational basis to deliberative democracy. Rigorous rational basis, in essence, requires that majorities offer what deliberative democracy calls publicly accessible reasons—those capable of engaging fellow citizens across lines of difference—for restrictions on liberties. Courts, from this perspective, legitimately referee inevitable democratic conflicts in our pluralistic society. A Court that helps restore reasoned and productive politics cannot come soon enough.

Fostering Future Difference-Makers: The Integration Of Leadership Training In Law Schools, Leah Teague

Journal of Legal Education

No abstract provided.

Obeying In Advance Will Not Save You: How Adaptive Leadership Can Help Legal Education Stay Mission Driven In Times Of Authoritarianism And Fear, Tania Luma

Journal of Legal Education

No abstract provided.

What Do We Do At The End Of A World?: Cultivating Emergent Leadership In A Time Of Collapse, Brent Godfrey

Journal of Legal Education

No abstract provided.

Professional Identity Formation As Theory And As Practice For The Education Of A Lawyer, Louis D. Bilionis, Neil W. Hamilton

Journal of Legal Education

No abstract provided.

Who’S The Lawyer Now? Professional Identity In A Genai World, Aric K. Short

Journal of Legal Education

No abstract provided.

Practicing Pietas: Character Development For Lawyers As Citizens, Elisabeth Rain Kincaid

Journal of Legal Education

No abstract provided.

Conviction, Character, Courage: The Case For Integrating Values Into The Professional Identity Formation Of Tomorrow's Lawyer-Leaders, Katya S. Cronin

Journal of Legal Education

No abstract provided.

Moral Virtues, Professional Identity, And Leadership, Timothy W. Floyd

Journal of Legal Education

No abstract provided.

The Large Impact Of Small Groups On The Character-Based Leadership Development Of Law Students, Benjamin Rigney, Janice Craft

Journal of Legal Education

No abstract provided.

Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.

Brief For Legal Scholars And Historians As Amici Curiae In Support Of Petitioners, Jackson V. State, Nos. 26-76, 26-78 (U.S Supreme Ct. Aug. 14, 2026), G. Ben Cohen, Seth P. Waxman, Ashley Bierman, Sara Saunders

Akron Law Faculty Publications

Under a Florida law enacted in 2023, a judge may impose the death penalty only if the jury first “determine[s] that the defendant should be sentenced to death.” Fla. Stat. § 921.141(2)(c). The question presented is whether the Sixth or Eighth Amendment requires that jury determination to be unanimous, or whether it suffices—as provided in the statute—for only eight of the twelve jurors to vote for death.