Law Commons^™

The Impact Of Catholic Canonical Jurisprudential Theory On The Catholic Church’S Ability To Address Sexual Abuse, Addison Bruce

The International Law Review Association Student Forum

The Catholic Church is one of the world’s oldest, largest, and most enduring institutions. Catholic theology’s impact on Western civilization, culture, politics, and morality persists to this day. Thus, when the first reports of widespread sexual abuse in the Catholic Church in Lafayette, Louisiana were released, the world paid attention. The truth revealed that priests had been using their positions of power for evil by abusing and engaging in sexual acts with minors and vulnerable adults. While the bulk of crimes were committed during the 1970s and 1980s and thereafter covered up by church leadership by paying hush money to …

The Intersection Of Cultural Rights And The Repatriation Of African Art: A Comparative Analysis Of International And North American Legal And Ethical Frameworks, Kennedy Wilson

The International Law Review Association Student Forum

The debate surrounding the repatriation of African and Indigenous art held in global museums is a complex and multifaceted issue that demands an examination of its historical, legal, and ethical dimensions. Emmanuel Macron's 2018 statement in Ouagadougou, Burkina Faso, encapsulates the core of this debate: “I cannot accept that a large part of the cultural heritage of several African countries is in France,” he declared. “There are historical explanations for this but there is no valid, lasting and unconditional justification. African heritage cannot be only in private collections and European museums.” This sentiment perfectly captures the profound unease surrounding the …

From Hanging To Nitrogen Hypoxia: The Evolution Of Execution And The Case For American Abolition, Anna Kuhlman

The International Law Review Association Student Forum

The death penalty has been a dark fixture in societal punishment for most of human history. It has allowed for grisly, violent executions of people found guilty of misconduct relative to the culture they live in. “The first established death penalty laws date as far back as the Eighteenth Century BCE in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes.” The first death sentence on record was a member of nobility in 16th-century BCE Egypt, where the wrongdoer was accused of magic and ordered to commit suicide. In the seventh century B.C.E., …

Convention On Safety For Survivors Of Family Violence Involved In International Custody Disputes, Merle H. Weiner

Cardozo Law Review

This Article proposes a new treaty to fix the "domestic violence problem" that plagues the Hague Convention on the Civil Aspects of International Child Abduction. It argues that a new international instrument is legally permissible and would be the most efficient way to solve the problem. It compares the proposed solution to other child abduction instruments that exist in the European Union (EU) and Latin America but that do not address domestic violence. This Article proposes specific treaty provisions and provides commentary on those provisions. This Article is intended to influence state parties to the Hague Abduction Convention who are …

Disabled And Disenfranchised: The Fight For Reproductive Freedom And Democracy Post-Dobbs, Robyn M. Powell

Cardozo Law Review

The Supreme Court has thrust abortion onto ballots nationwide, transforming fundamental rights into political battlegrounds. In the aftermath of Dobbs v. Jackson Women's Health Organization, people with disabilities face a perfect storm of eroded reproductive freedoms and persistent barriers to democratic participation. This Article exposes the hollow promise of the Court's purported deference to "the people's elected representatives," revealing instead a landscape where those most affected by abortion restrictions struggle to have their voices heard. The Court's invocation of democracy is arguably disingenuous, serving more as a rhetorical device than agenuine commitment to democratic principles. Nevertheless, engaging with this …

Navigating Personal Jurisdiction Based On Social Media Activity - Tips For Practitioners, Anna C. Conley

Faculty Law Review Articles

When will a social media post subject a defendant to personal jurisdiction outside their home state? The U.S. Supreme Court has not weighed in on the personal jurisdiction standard in intentional tort cases based on a defendant’s social media activity. Ever-changing technology and social media use have created a fractured legal landscape across circuit courts. This article does two things: (1) Provides an overview of the fractured landscape; and (2) Attempts to distill some guidelines for practitioners dealing with personal jurisdiction in intentional tort cases involving social media activity. The takeaway is that the defendant’s targeting of the forum state, …

Novel Corporate Governance Structures, Jennifer S. Fan, Xuan-Thao Nguyen

Law Faculty Research and Publications

Artificial Intelligence (“AI”) startups have taken center stage, rapidly disrupting conventional industries at an unprecedented pace with their groundbreaking innovations. Hailed by many as the most significant technological advancement of our era, AI’s profound societal impact has garnered heightened public and governmental scrutiny. The spotlight has recently fallen on OpenAI, the creator of ChatGPT, which weathered a tumultuous period marked by the ouster and subsequent rehiring of CEO Sam Altman, a board reconfiguration, and Altman’s later return to the board. Concerns over AI safety were offered as the rationale for the tandem corporate governance structure of nonprofit and for-profit at …

Science-Based Policy Recommendations For Managing Emerging Pollutants: Protecting Water Quality For The Health Of People And The Environment, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein, Regina M. Buono, Mary Trudeau, James E. Nickum, Xingui Xia, Atikur Rahman, Marijn Korndewal, Cassiana C. Montagner, Piero R. Gardinali, Robert Michael Di Filippo, Anoop Veettil

Faculty Scholarship

Emerging water pollutants are a growing global concern due to their ubiquitous presence in water resources worldwide and their potential adverse effects on human health and ecosystems. Limited scientific understanding of sources of emerging pollutants’ emissions to water bodies and their pathways, behaviour, and fate in aquatic environments, as well as human health and ecological effects, is a significant hindrance in managing emerging water pollutants. With exceptions concerning PFAS/PFOS and microplastic beads, there are few regulations for emerging pollutants in national water and environmental policies, which results in a critical gap in safeguarding human health and aquatic ecosystems through effective …

Constructive Trusts In Malaysia: A Methodological Reappraisal, Hang Wu Tang, Ying Khai Liew

Research Collection Yong Pung How School Of Law

In recent times, Malaysian courts have resorted to a ritual incantation of unconscionability and the notion of a remedial constructive trust to justify a declaration of a constructive trust. This methodology is unhelpful for approaching constructive trusts and has led the law to develop in an unprincipled and unpredictable fashion. Our central thesis is that the key Malaysian decisions could have been decided on the basis of pre-existing legal principles upon which English and Commonwealth courts have declared a constructive trust. We argue that future courts ought to realign their methodology with the orthodox tradition of incremental development of the …

The Digitalization Of Insolvency Proceedings, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Despite the international divergences existing in the design of insolvency law, there is a common feature of insolvency proceedings that, to a greater or lesser extent, is somehow universal: insolvency proceedings are generally costly and lengthy processes. For that reason, it is not surprising that a significant body of the literature on insolvency law deals with different mechanisms to make insolvency proceedings more efficient. This article examines how technology can contribute to that goal. To that end, it starts by reviewing how countries are deploying, or can deploy, technology in different aspects and stages of insolvency proceedings and how such …

From Flames To Change: An Exploration Of Housing, Fire, And Inequity, Helen Underhill, Charles R. Jennings, Brian Meacham, Danielle Antonellis

Publications and Research

Housing and fire safety are deeply connected: inadequate and poorly maintained housing poses heightened fire risk for occupants. An individual or household’s housing situation (including limited or constrained choice) interacts with issues such as affordability, access, location, quality, safety, occupancy levels, tenure type, and resident or immigration status. These dynamics shape vulnerability, and inequity becomes most visible in the event of a fire. The extreme end of this spectrum includes the unhoused, who occupy structures entirely outside of regulatory systems with little or no fire protection.

Working With Statutes, Anya Bernstein, Cristina Rodriguez

Faculty Scholarship

In its decision overruling the Chevron doctrine—which directed judges to accept an agency’s reasonable interpretation of ambiguous statutory language—the Supreme Court declares: “[A]gencies have no special competence in resolving statutory ambiguities. Courts do.” This Article shows why this statement exhibits a profoundly blinkered judicial hubris. Our interview-based empirical study, involving dozens of agency officials across the administrative state, shows agencies’ special, indeed unique, competence in working with statutes to make democratic enactments real.

Agencies, we show, act as a statute’s custodians, managing the statutory regime over a life cycle that exceeds any single governing coalition. Borrowing ideas from private law, …

Book Talk With Sarah Staszak, Kukin Program For Conflict Resolution, Sarah Staszak

2025 Event Invitations

Princeton Professor Sarah Staszak will be here on April 1 to talk about her new book, Privatizing Justice: Arbitration and the Decline of Public Governance in the United States. The book examines arbitration's shift from a voluntary dispute resolution tool to a mandatory process favoring corporations. Staszak explores its historical and contemporary contexts, linking legal developments to broader institutional, political, and social dynamics.

Table Of Contents - Cardozo Law Review, Volume 46, Issue 4

Cardozo Law Review

No abstract provided.

Corporate Evolution, Omari Scott Simmons

Cardozo Law Review

Political entrepreneurs have declared war on environmental, social, and governance policies ("ESG"), going so far as to attempt to criminalize ESG-influenced investing. They seek a return to some real or imagined past. They amplify and elevate their efforts into mainstream public discourse. They pursue extraordinary goals and tactics to disrupt and even dismantle institutional structures, norms, and established processes. The contemporary anti-ESG backlash is not simply a battle over corporate purpose and the dueling perspectives of shareholder primacy versus stakeholderism or disputes concerning sustainable investment and operational strategies. It reflects aggressive political entrepreneurship and the tension between competing narratives: stasis, …

The Problem Of Biased Precedents, Ronen Avraham, Issachar Rosen-Zvi

Cardozo Law Review

This Article addresses the problem ofbiased precedents, wherein sophisticated repeat players, often corporate and state entities armed with superior resources and a vested interest in shaping the law, manipulate legal proceedings to systematically establish self-advantageous precedents. Specifically, by strategically choosing to litigate cases they anticipate will lead to favorable precedents and settling those expected to produce unfavorable outcomes, these players systematically bias the law over time to their advantage, at the expense of one-shot parties and society at large. The problem of biased precedents challenges the commonly held view about the efficiency and fairness of the legal system and raises …

Equity And Clarity: The Impact Of Tyler V. Hennepin County On Property Taxation And Homeowners’ Rights, Analy Feigel

Cardozo Law Review

This Note explores the implications ofthe U.S. Supreme Court's ruling in Tyler v. Hennepin County, which significantly impacts property taxation and foreclosure laws. The Court ruled that property owners are entitled to surplus proceeds following a tax foreclosure, setting a new precedent by deeming it unconstitutional for governments to retain surplus proceeds without just compensation. Tyler clarified property rights under the Fifth Amendment, affirming that owners have a constitutional right to the surplus value of their foreclosed properties, even if local statutes do not explicitly allow it.

Further, this Note also addresses unresolved issues following Tyler's ruling, including how the …

The Truth Should Set You Free: The Case For Removing State Knowledge Requirements From False Testimony Standards, Alexa Pietrowsk

Cardozo Law Review

False testimony claims are an increasinglypopular vehicle in a handful ofstates through which petitioners can challenge unconstitutional criminal convictions. Successful false testimony claims grant petitioners access to remedies guaranteed by the Due Process Clause and overturn offending convictions, giving individuals access to new trials or similar relief But like many post-conviction standards, false testimony is evaluated differently from state to state, producing disparate results. While every state's standard requires that the testimony used at trial be proven both false and material to the petitioner's conviction, states diverge as to whether petitioners must show that a state actor-usually prosecutors or police-knew …

Disclaimer: Generated By Nonhuman, Maryam Franzella

Hofstra Law Faculty Scholarship

No abstract provided.

Volume Introduction

MC Law Review

No abstract provided.

التَّسوية الجزائيَّة في قانون الإجراءات الجزائيَّة الإماراتي, Fatima Salem Al Dhaheri

Theses

Penal Settlement in the UAE Criminal Procedure Law

In pursuit of enhancing justice and improving the efficiency of the criminal justice system, modern legislations have witnessed significant developments in the mechanisms through which the state exercises its right to impose sanctions. This has been achieved through the adoption of innovative approaches in criminal policy. Several legal systems have embraced alternative mechanisms to resolve criminal disputes outside the framework of traditional criminal proceedings, whether in cases of violations (infractions), misdemeanors, or even certain felonies. In line with this approach, the UAE legislator introduced the Criminal Settlement System in the latest amendment …

نحو مظلة تشريعية إماراتية لإقرار الشخصية القانونية للروبوتات, سعيد سالم الشامسي

Theses

Electronic Monitoring in UAE Criminal Legislation

With the great progress witnessed in the fields of artificial intelligence and robotics, these technologies have had a direct impact on various aspects of daily life. Smart robots, which have the ability to self-learn and make decisions, are no longer mere technical tools, but have become entities that play vital roles in many sectors such as health, industry, security, and government services. How can the relationship between humans and robots be regulated? Is it possible to give robots a "legal personality" that allows them to bear responsibility for their actions?

The United Arab Emirates …

خصوصيات التقاضي في منازعات العمل الفردية وفق المرسوم بقانون اتحادي رقم (33) لسنة 2021 وتعديلاته, علي مبارك البريكي

Theses

The Specificities of Litigation in Individual Labor Disputes According to Federal Decree-Law No. (33) of 2021 and its Amendments

Modern legislations are increasingly adopting alternative methods for dispute resolution, introducing new mechanisms to reduce reliance on the courts while preserving the parties' right to litigation. Among these disputes, labour disputes—whether individual or collective.

Despite the legislator's adoption of alternative dispute resolution mechanisms, the unique nature of labour disputes has not been overlooked. These disputes require special protection for the worker, who is considered the weaker party in the contractual relationship. Based on this principle, the legislator has introduced modern mechanisms …

إعادة توطين اللاجئين في ضوء أحكام القانون الدولي, منار معاوية الدويكات

Theses

Analytical Study of the Principles of Non-Refoulement and Resettlement of Refugees in Light of the Provisions of International Law

The refugee crisis is one of the most significant challenges facing the modern international community. A report from the United Nations High Commissioner for Refugees (UNHCR) has shown that the number of refugees worldwide has risen to approximately 110 million. This means that a large number of individuals are living outside their home countries, residing in host nations as refugees. While hosting refugees is an international obligation that host countries must adhere to, in some cases, the increasing number of refugees …

المسؤوليَّة الجِنَائِيَّة عن الاتجار بالأعضاء والأنسجة البشريَّة في ضوء المرسوم بقانون اتحادي رقم (25) لسنة 2023 – دراسة مقارنة, مريم سعيد الحمودي

Theses

Criminal Liability for Trafficking in Human Organs and Tissues in Light of Federal Decree Law No. (25) of 2023 – “A Comparative Study”

The crimes of trafficking in human organs and the legal responsibilities they raise are among the most heinous, complex, and multidimensional criminal phenomena, and are considered the most dangerous sources of human rights violations, because they have taken an approach that violates the integrity, dignity, and humanity of the human body

The trade in human organs, as one of the forms of human trafficking crimes, which is an organized cross-border crime, has become a fast …

The Lao Penal Code: A Comparative Discourse, Wing Cheong Chan, Wing Cheong Chan, Phanthasak Mingnakhone, Perrine Simon, Stanley Yeo

Research Collection Yong Pung How School Of Law

This book comprises a commentary on the criminal law of Laos dealing with the general principles of criminal responsibility, and describing the main offences against the person and property under the Lao Penal Code 2017.

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

Articles

No abstract provided.

Meat, The Future: The Role Of Regulators In The Lab-Grown Revolution, Joseph B. Davault, Michael S. Sinha

All Faculty Scholarship

The United States is one of the largest consumers of meat globally. The production of meat contributes substantially to climate change due to the levels of greenhouse gasses emitted and the amount of land, water, feed, and other natural resources required to raise animals used for meat. Traditional meat production is another major source for the emergence of zoonotic diseases and antimicrobial-resistant pathogens. Nevertheless, Americans consume more meat now than at any time in the nation’s history.

Advocates for policy change aimed at addressing the risks associated with meat production have typically focused on reducing meat consumption, alternatives to meat, …

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

Articles

Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

The Purpose Of The Preliminary Injunction, Samuel L. Bray

Vanderbilt Law Review

This Article explores a reshaping of the preliminary injunction that is occurring in the federal courts. A preliminary injunction is designed to be a “hold in place” order, blocking actions by the parties that would undermine the efficacy of the court’s remedial options. But the preliminary injunction is becoming a device for accelerating the merits decision. Instead of a four-factor test for preliminary relief, increasingly there is one factor: the merits. This Article critiques this transformation, and it argues that the preliminary injunction should be recentered on the protection of the court’s remedial options.