Law Commons^™

The Model Minority Victim, Chiu, Elaine M.

Santa Clara Law Review

The rise in xenophobia, hate and violence against AAPI Americans inspired by the COVID-19 pandemic was an opportunity to assess the effectiveness of the criminal legal system as a tool of anti-racism. This Article traces the legal aftermath when Asian New Yorkers reported 276 possible hate crimes to the police in 2021. The analysis takes an empirical approach and a narrative approach. It relies on a unique database that followed what happened to civilian complaints of anti- Asian crimes from beginning to end. Using metrics such as arrest rates and conviction rates, the Article draws initial conclusions about the systemic …

Your Data, Modern Times, And The Fourth Amendment: What Would Jefferson And Orwell Do?, Sterling, Ken

Santa Clara High Technology Law Journal

The ongoing challenge of balancing individual data privacy with the government's need for user data through national security efforts has long plagued courts and policymakers. This tension intensifies as technology advances, permeating daily life, and global uncertainty fuels government demand for additional data. This study explores this tension by examining the Fourth Amendment's protection against unreasonable searches and seizures in the context of user data obtained by the government through third-party providers. I argue that the Fourth Amendment provides a sufficient framework to balance these competing interests. While acknowledging the government's responsibility for national security, we contend that this does …

To Trade Or Not To Trade, Joseph Mizrahi

Cardozo International & Comparative Law Review (CICLR) Blog

A free trade policy is one in which there is minimal or no government influence on the import and export of goods and services. Free trade agreements are deals entered into between multiple nations to reduce impediments and barriers on imports and exports between them. Under these agreements commerce in goods and services can occur with reduced or no tariffs, quotas, or other inhibitions. The concept of free trade which these agreements is the opposite of trade protectionism, under which countries work to protect their interests with tariffs.

This post was originally published on the Cardozo International & Comparative Law …

The Future Of International Ecosystem-Based Conservation, Gwyneth Zinan Chen

Cardozo International & Comparative Law Review (CICLR) Blog

One does not have to search on the internet to conclude that our home, Earth, had greatly changed since its birth approximately 4.6 billion years ago. Perhaps, what is the most obvious is how our Earth went from being blue, green, and brown landscapes to a world of concrete jungles. Inevitably, there will be biodiversity and habitat loss. Biodiversity loss, as defined by United Nations office for Disaster Risk Reduction “refers to the reduction of any aspect of biological diversity (i.e.., diversity at the genetic, species and ecosystem levels) in a particular area through death (including extinction), destruction or manual …

Ceasefires, Proportionality, And International Law Of Armed Conflicts: The Legal Implications Of Israel’S Ground Invasion After Signing A Ceasefire With Palestine, Emma Lee

Cardozo International & Comparative Law Review (CICLR) Blog

Israel signed a ceasefire with Palestine on January 17, 2025, after 15 months of war following Hamas’ attack on Israel on October 7, 2023. During the initial attack, Hamas killed more than 1,200 people and seized 251 Israeli hostages. A key part of the ceasefire involved the return of these hostages.

This post was originally published on the Cardozo International & Comparative Law Review on May 03, 2025. The original post can be accessed via the Archived Link button above.

Transforming Criminal Justice Leadership With A Servant-Oriented Trauma-Informed Approach, Janina Cich

Forensic Scholars Today

This paper explores the transformative potential of a criminal justice leadership model by integrating principles of servant leadership, emotional intelligence, and trauma-informed care, focusing on rebuilding community trust, improving officer well-being, and fostering equitable, empathetic public service. This transformative module emphasizes humility, accountability, and emotional awareness to address the deep-rooted effects of trauma on both criminal justice personnel and the communities they serve. Through proactive strategies, such as open communication, cultural competence training, and mental health support, future leaders can cultivate resilient, community-focused agencies prioritizing healing, justice, and human dignity.

A (Loper) Bright Future?: How The Supreme Court Opened A Path For Drug Reform, Malich, Jack

Santa Clara Law Review

We are witnessing a sweeping transformation of administrative law. The Supreme Court has taken aim at what it believes is a constitutional error: the power of the administrative state. All parts of the so-called “fourth branch of government” are undergoing shifts in the legal doctrines governing their structure. For those in favor of a strong administrative state, most of the Court’s new approach to agency action may represent a sinister effort to prevent the making of disfavored policy by the Executive. However, advocates of agency power would do well to remember that the administrative state can be oppressive. No agency …

“Take This Job And Shove It”: How Black Women’S Fight For Economic Rights Informed Their Participation In The Broader Social Movements Of The Twentieth Century, Kyndle Diane Lee

Honors Theses

This thesis examines the vital role of Black women in the American labor movement during the twentieth century, emphasizing how their leadership and union participation were central to both labor organizing and the broader fight for human rights. Black women workers navigated and resisted the effects of racism, sexism, and class exploitation in a century marked by industrial expansion, economic upheaval, and major civil rights struggles. Far from passive participants, they emerged as key organizers, negotiators, and strategists in their communities, labor unions, and national movements. Additionally, their work extended beyond their demands for better wages and safer working conditions. …

The Influence Of Money In Politics, Aminata Dieng

Undergraduate Research Symposium Podium Presentations

Money plays a powerful role in shaping political outcomes by significantly influencing who gets elected and which policies are prioritized. Campaign financing, which includes donations from individuals, corporations, and Political Action Committees (PACs), often determines a candidate's visibility, resources, and ability to compete effectively. Those with greater financial backing tend to dominate media coverage and reach more voters, which can tip the scales in elections.

Private Military Contractors: Assessing Their Impact On U.S. Military Effectiveness And Ethical Standards, Otabek Akromov

Undergraduate Research Symposium Lightning Talks

Background & Objectives:

• Scale of outsourcing: >180,000.00 troops
• Major providers: Blackwater and DynCorp •
• Research focus: magnitude of impact

Impact Of Remote Work On Wages In Nevada’S Labor Force, Lauren Tomlinson, Sean Atias, Renato Salazar, Ezrah Tayag

Undergraduate Research Symposium Podium Presentations

Remote Work Evolution and COVID-19

• In 2019, 7% of full paid workdays were done remotely. During the pandemic, that number substantially grew to 60%, and by 2023 it shrunk down to 28%. Elements of remote work have even spread to multiple industries such as healthcare, finance, and education (Barrero et al., 2023).
• Direct relationship between self-perceived job performance and remote work productivity. However, living with children under 18 negatively impacts remote work engagement and productivity (Toscano & Zappalá, 2021).
• Remote work can be associated with increases in Total Factor Productivity (TFP). Between 2019 and 2021, a 1% increase in the …

The Role Of Money In Elections, Brandon Nabbefeld

Undergraduate Research Symposium Posters

What if your vote mattered less than a millionaire’s donation? In every election cycle, billions of dollars flow into campaign war chests but what does that mean? Let’s follow the money and see who is truly influencing our elections. Money plays a powerful role in shaping electoral outcomes and public policy in democratic systems. In the United States, campaign funding has become increasingly dominated by large donations. This is because in 2010, Citizens United v. FEC decision opened the doors for unlimited independent political spending, sparking widespread concerns about fairness, transparency, and the influence of wealthy donors in politics.

Ability, Advocacy, And Access: Pre-Law Students And The Americans With Disabilities Act, Ella Rose Branham

Honors Thesis

The Americans with Disabilities Act (ADA) was passed in 1990 with the intention to help disabled people integrate into workplaces and public spaces. Despite the importance of the ADA to make the United States more accessible, it has been met with controversy ever since. This is especially true of Title 3, which focuses on making public spaces accessible and allows for injunctive lawsuits when the legal standards are not met. The controversy of this law revolves around the news coverage of these suits, depicting the suits as unnecessary and the people filing them as greedy. This misunderstanding of the ADA …

The Legal Vacuum In Cognitive Privacy And Brain Data, Kayla Flanders

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

There is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.

Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand …

Delaware Supreme Court Rules That Both Of Mfw’S Dual Protections Are Required To Obtain Business Judgment Review Of Any Conflicted Transaction Involving Control Stockholders, Robert S. Reder, Lukas F. Merrill

Vanderbilt Law Review En Banc

In In Re Match Group, Inc. Derivative Litigation, 315 A.3d 446 (Del. 2024) (“Match”), the Supreme Court of Delaware (“Supreme Court” or “Match Court”) considered whether both independent committee approval and an unaffiliated stockholder vote are required to obtain business judgment review of transactions––in addition to so-called freeze-out mergers––in which a controlling stockholder receives a “nonratable benefit” at the expense of public stockholders. Given the gravity of the issues presented, Match ranks as one of the most highly anticipated Supreme Court decisions of recent years.

Substance Over Form: Chancery Court Declares That Post-Closing True-Up Mechanism Requires Independent Accountant To Act As Expert, Not Arbitrator, Robert S. Reder, Nicholas S. Curcio

Vanderbilt Law Review En Banc

No abstract provided.

Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi, Hermawan Prasojo

Jurnal Hukum & Pembangunan

Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved …

Partisan Politics And The Supreme Court: A Crisis Of Judicial Independence, Katie M. Cassady

Helms School of Government Undergraduate Law Review

Every nominee to the Supreme Court of the United States must undergo an extensive confirmation process to evaluate his or her qualifications to serve as a Justice. While the Founders designed the federal judiciary to be an independent institution, changes in the confirmation process and American political climate have resulted in increasingly polarized nomination and confirmation proceedings. This Comment will discuss the history of this process, focusing on the slim margins by which recently confirmed Justices have secured their seats on the federal bench. These contentious proceedings are exacerbated by outside influences such as the media and interest groups that …

Tax Incentives, The Tcja, And The Rise Of The Philanthropist Class, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary:

The first Trump Administration’s 2017 Tax Cuts and Jobs Act (TCJA) fundamentally altered America's charitable giving landscape through a two-step approach: first by reducing tax incentives for middle-class donors, then by empowering ultra-wealthy philanthropists. These changes have shifted control of charitable giving from everyday Americans to a small “Philanthropist Class,” referring to ultra-high-net-worth individuals who contribute vast sums, often through foundations or donor-advised funds (DAFs). This shift in charitable power holds profound implications for democracy, equality, and nonprofit sustainability.

The TCJA nearly doubled the standard deduction while limiting itemized deductions, causing the percentage of middle-class households claiming charitable …

The Tax Exempt Innovation Cycle, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary:

The U.S. innovation ecosystem thrives on a complex interrelationship between tax policy, philanthropic foundations, and entrepreneurial ventures. The tax code, particularly provisions related to private foundations and Program-Related Investments (PRIs), play a critical role in funding high-risk, high-impact innovations that address societal challenges. Wealth funds the foundation, the foundation funds innovation, and innovation enhances the founder’s lasting impact on society.

Key Findings:

1. Tax-Exempt Foundation Structure: Private foundations, established by wealthy individuals and corporations, serve as powerful vehicles for channeling substantial capital into innovation while providing tax benefits to donors.
2. The Innovation Funding Cycle: Private foundations and …

Reaganomics: History Repeats Itself, But Louder, University Of Washington School Of Law

Rule of Law Initiative

Executive Summary

Ronald Reagan’s presidency (1981–1989) dramatically reshaped the American economic and institutional landscape. He championed “supply-side” economics, dubbed “Reaganomics.” Through sweeping tax cuts, deregulation, and a reallocation of federal funding priorities, Reagan shifted the burden of public services, especially in education and research, from government to individuals and private markets. Public universities saw deep cuts in federal support and increasingly turned to industry partnerships and commercialization to survive. Simultaneously, Reagan expanded defense research funding, fostering a close relationship between the government and elite research institutions. Innovation policy was formalized through the Bayh-Dole Act and the creation of …

Tax Exempt Research Guide, University Of Washington School Of Law

Rule of Law Initiative

For over a hundred years, organizations have harnessed and relied on tax exempt status to serve the public. Tax exemption is a powerful tool for social, environmental, and community well-being. This Legal Research Guide on Tax Exemption serves as a navigational compass for the public seeking to learn about tax exemption.

Why The Rule Of Law Matters For Nonprofits, University Of Washington School Of Law

Rule of Law Initiative

The Rule of Law is what keeps tax exemption from being a political weapon and allows for nonprofit organizations to provide services the government is not providing our communities.

Rule Of Law – Public Q&A, University Of Washington School Of Law

Rule of Law Initiative

Below are common questions the public may have about the Rule of Law, tax exemption status, the revocation of tax exempt status, and key cases like Bob Jones University. To understand these in more detail, browse the Tax Exempt research guide (History, Rule of Law, Revoking Tax Exemption, Secondary Materials, and Current Awareness).

Bob Jones University And The Rule Of Law, University Of Washington School Of Law

Rule of Law Initiative

The Rule of Law is what keeps tax exemption from being a political weapon.

Bob Jones University shows the Rule of law in action: clear public policy, cross-branch consensus, balanced against constitutional rights, and enforced through transparent procedures and court review.

The case is influential because it lays the foundations for analyzing The Public Policy Doctrine, a key element when courts review tax exempt revocation cases.

The revocation of tax-exempt status is law-driven, not headline-driven; the Bob Jones University v. United States case set an important precedent by creating a narrow and cautious framework that the IRS must follow to …

A Brief History Of Tax Exemption, University Of Washington School Of Law

Rule of Law Initiative

Below is a condensed history of tax exemption. It contains an analysis of tax exemption before statutory codification in 1894. It explains how the law evolved to provide predictability and fairness in the application of an organization’s tax-exempt status.

How Does A Court Determine The Tax-Exempt Purposes Of An Organization?, University Of Washington School Of Law

Rule of Law Initiative

To determine the tax-exempt purposes of an organization, courts and tax authorities primarily examine whether the organization is both "organized" and "operated" exclusively for exempt purposes, as required under 26 U.S.C § 501.

This involves a two-part test: the "organizational test" and the "operational test." The organizational test assesses whether the organization's foundational documents, such as its charter or articles of incorporation, limit its purposes to one or more exempt purposes and do not authorize substantial non-exempt activities.

Testimony Before The Puerto Rico Advisory Committee To The United States Commission On Civil Rights On The Role That Race And Ethnicity Play In The Treatment Of The People Of Puerto Rico By The Federal Government, Yomaira Figueroa, Carlos Vargas-Ramos

CUNY Centro, The Center for Puerto Rican Studies

The Insular Cases, whether the narrow or more expansive canon, have structured the political relationship between Puerto Rico and the United States for more than a century. The genesis of this “third-way” of understanding and structuring the territorial relationship with the United States rested on the very ethnocentric and indeed racist ideology pervasive at the time in U.S. ruling circles, whereby there was a hierarchy of dominance and control that placed White Anglo Saxon Protestant men at the top and subordinated all other ethnic and racial groups in a gradation of subservience and exclusion.

Bostock And The Limits Of Textualism: A Doctrinal Structuralist Approach, Martin J. Katz

Sturm College of Law: Faculty Scholarship

In Bostock v. Clayton County, the Court held that Title VII prohibits discrimination based on sexual orientation or gender identity. This result, the majority claimed, was required by the interpretive theory called textualism. But textualist justices in the dissent vehemently disagreed. This split, and the controversy that has followed it, has had two consequences. First, it added fuel to the ongoing debate about the value of textualism. Second, it opened the door for lower courts to decline to apply Bostock to similar antidiscrimination laws, such as Title IX in education or the Equal Protection Clause (such as the Skrmetti case, …

Defenses Not Cleansed By The Endorsement Of A Check In Light Of Legal Provisions And Judicial Rulings: A Comparative Study, Abdelsalam A. Bani Hamad, Marwa Al-Shraida

An-Najah University Journal for Research - B (Humanities)

The study deals with the rule of defenses that are not "cleansed" by endorsement in a check and the scope of its application in law and jurisprudence. According to the rule, the rule of purifying defenses stems from the principle of independence of signatures, such that each signature on a check is independent of the other, meaning that the obligation signed by virtue of this signature has no relation to the other signatures on the check. For example, if the drawer’s obligation is invalid for any reason, this invalidity does not extend to the holder who did not intend to …