Law Commons^™

Dementia, Advance Directives, And Second-Order Volitions, Rand Hirmiz

Research Collection School of Social Sciences

This paper contributes to the ongoing debate over the authority of advance directives in cases where patients with dementia express desires that conflict with their earlier wishes. Drawing on Harry Frankfurt’s concept of second-order volitions, I argue that the preferences of the pre-dementia self (the “then-self”) should, in most cases, take precedence over those of the post-dementia self (the “now-self”) –  particularly in instances where the now-self has lost the capacity to form second-order volitions and is no longer able to meaningfully repudiate prior values and commitments.

On The Right To Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Tragically, U.S. privacy law has neglected to address a significant dimension of privacy. While lawmakers and judges have routinely recognized intrusions into our secluded spaces and breaches of our confidentiality and secrecy, they have largely failed to protect our most common yet also our most underappreciated form of privacy: the practical obscurity that allows us to live freely and with dignity. Obscurity, which is the state of protection that arises when personal information is difficult for some people to obtain or correctly interpret, serves several vital interests: (1) it safeguards our ability to express ourselves without fear that everything we …

Weeding Out The Rotten Apples: A Third-Party Certification Regime And Strengthened Ftc Authority, Aaron M. Dubin-Ramos

Cardozo Law Review

he rise in greenwashing, a business practice that misleads consumers and investors about one’s environmental performance, has sparked debate regarding the best avenue for mitigating such a phenomenon. Common proposals include private lawsuits, the Federal Trade Commission’s Green Guides, the Securities and Exchange Commission’s antifraud regime under Rule 10b-5 of the Securities Exchange Act of 1934, state frameworks, or the International Social and Environmental Accreditation and Labelling Alliance. However, each response presents flaws, such as a potential rise in greenhushing, nonbinding guidance, narrow applicability to greenwashing claims, alignment with the anti-Environmental, Social, and Governance political movement, and buy-in issues. This …

What Sustainability Disclosures Disclose, Kim Hajin

Coase-Sandor Institute for Law & Economics Research Paper Series

Sustainability disclosures are the backbone of corporate sustainability efforts. If stakeholders want companies to compete over how “good” they are for society, they need a way to see what companies are doing and trying to do. But these disclosures have been widely criticized for their lack of credibility and comparability. To improve them, nonprofits and companies have developed voluntary reporting frameworks that many firms have now adopted and that have informed mandatory disclosure regulations. These critiques and regulatory debates have proceeded, however, without basic facts about what these disclosures contain and whether voluntary tools help. Answering these questions has been …

استخدام تقنيات الذكاء الاصطناعي في إجراءات الاستدلال والتحقيق "دراسة مقارنة", حمد مصبح اليليلي

Theses

The Use of Artificial Intelligence Techniques in Reasoning and Investigation Procedures: Comparative Study

This research aims to analyze the role of artificial intelligence (AI) technologies in the stages of criminal investigation and inquiry through an applied analytical study. It focuses on the use of these technologies to support law enforcement and investigators with advanced scientific methods, particularly in analyzing digital evidence and accurately linking it to suspects. The study also explores the future development of these systems through their integration with AI technologies to enhance the efficiency of criminal investigation.

The United Arab Emirates has consistently been keen to develop …

Social Exclusion Cues And Collective Action Motivation In Environmental Campaigns: The Buffering Role Of Social Support, Hwan-Ho Noh, Warren B. Chik

Research Collection Yong Pung How School Of Law

This study examines the influence of social exclusion cues on public engagement with environmental campaigns on social media, focusing on how such cues affect advertising attitudes and collective action motivation. Across two experimental studies, we investigated whether low engagement metrics, such as a small number of likes, function as symbolic exclusion cues that reduce perceived public support. The results indicate that social exclusion cues negatively affect advertising attitudes and collective action motivation, ultimately decreasing the intention to engage with the campaign. However, the presence of social support cues, which signal sustained public interest and social endorsement, effectively mitigated these negative …

Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan

Research Collection Yong Pung How School Of Law

The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits, result in harm to patients from allegedly negligent acts or omissions by hospitals and medical doctors. In such circumstances, how should the principles in the tort of negligence (duty of care, breach, causation, remoteness of damage, and defences) respond to AI innovations in healthcare? In particular, how may the standard of care expected of hospitals and medical doctors be informed by regulatory guidelines? We refer to case law precedents and regulatory guidelines on the roles and responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt …

Exploring The Limits Of Qualified Immunity Under Harlow’S Discretionary Function Test, James E. Pfander, Alexander A. Reinert

Articles

No abstract provided.

Algorithmic Tax Ownership, Young Ran (Christine) Kim, Dmitry Erokhin

Articles

Tax ownership is a crucial concept for determining tax liabilities, compliance, and enforcement. However, neither the courts nor the IRS has provided clear guidance on how to analyze it. Since the Supreme Court first outlined a twenty-six-factor test for determining tax ownership in Frank Lyon Co. v. United States in 1978, this multifactor test has remained largely unchanged, and there has been no further guidance from the courts or the IRS to this day. Even tests with shorter lists of factors only add to the confusion regarding compliance and enforcement, as there is no clarity on which factors are most …

The Corporate Restructuring Machine: Introducing An Open Platform Approach To Workouts, Horst Eidenmüller, Jared Mayer

Articles

Out-of-court corporate reorganizations, or “corporate workouts,” allow dispersed investors with differing interests to coalesce and strike deals to successfully reorganize distressed companies. Corporate workouts, however, suffer from a host of well-known problems, creating “process fragility.” Current bargaining dynamics limit the instances in which corporate workouts can be used, narrow the kinds of deals that can be made, and invite opportunistic and other socially costly behavior. Yet the Artificial Intelligence (AI) revolution is here; how can it help parties navigate corporate workouts?

In this Article, we argue that AI is well situated to help increase the efficiency of corporate workouts. Based …

The River That Powers Us: A Tribute To Dean Emeritus Kevin R. Johnson, His Steadfast Commitment To Diversity And Excellence, And His Legacy Of Impact, Angela Onwuachi-Willig

Faculty Scholarship

This Essay pays tributes to Dean Emeritus Kevin R. Johnson’s extraordinary contributions to the growth and successes of full-time Latinx faculty and other faculty of color within the legal academy. To do so, it utilizes the recent, inaugural study of faculty by the Association of American Law Schools (AALS) to situate the legal academy’s progress with the diversification of its faculty within a longer trajectory and then illustrates how such gains over the past three decades are the product of intentional, sustained intervention rather than organic institutional and societal evolution. The Essay begins by tracing the lineage of this progress …

Aggregation And The “Universal” Injunction, Portia Pedro, Adam Steinman

Faculty Scholarship

A crucial function of judicial review is not only “to say what the law is,”¹ but also to provide the remedies to vindicate that law.²  Judicial review plays an especially important role when government officials act in ways that violate federal law, including when they violate the Constitution.³  When government officials violate the law, the judicial review function supports a remedy that requires officials to comply with federal law by ceasing to pursue the illegal policy or practice.

Such “compliance” injunctions have been given the label “universal” or “nationwide” injunctions insofar as they go beyond giving “complete …

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …

International Advice, Mature Democracies And The Venice Commission, Maartje De Visser

Research Collection Yong Pung How School Of Law

The aim of this article is to explore the role and practice of constitutional advice-giving as it relates to mature democracies. More precisely, this article considers how the Venice Commission – the official advisory body for constitutional matters of the Council of Europe – exercises its mandate vis-à-vis such democracies through the delivery of country-specific Opinions, based on a close reading of all such Opinions rendered between 2002 and 2024. It examines the substantive focus of those Opinions, the way they engage with constitutional experiences elsewhere, as well as the tone of the assessment and the approach taken in formulating …

Brief Of Evidence – Bill C-16 Protecting Victims Act, Emma Cunliffe

All Faculty Publications

This brief focuses specifically on the proposal in Bill C-16 to create a new criminal offence of coercive control and the absence of any correlate defence for offences committed by a person who is subject to coercion. Reviewing evidence from research in other jurisdictions that have adopted such an offence (Scotland, England and Wales, and the Australian jurisidictions of NSW and Queensland), as well as Canadian research, there is abundant evidence to suggest that more criminal law, including new offences, will not necessarily increase women’s safety; and in fact, can be predicted to expose women to greater risk of harm …

Jazz V. Law: An Overview Of Copyright Law For Jazz Musicians, Trevor Thompson

University Honors Theses

The United States copyright system has become increasingly complicated and has developed a bias toward written, notated mediums over performance mediums. This bias can be traced from the Statute of Anne through the modern system under the Copyright Act of 1976, and it directly affects jazz musicians' ability to comply with copyright laws and properly receive royalties for their work. This study traces the evolution of copyright law from 1710 to the present, noting important cases such as White-Smith Music Pub. Co. v. Apollo Co., McIntyre v. Double-A Music Corporation, and Tempo Music, Inc. v. Famous Music Corp. …

Symposium Introduction, David Orentlicher

Nevada Law Journal

No abstract provided.

Threats And Political Violence, J. Richard Broughton

Nevada Law Journal

No abstract provided.

It’S Not A Constitutional Crisis, It’S A Course Correction, Mark Rush

Nevada Law Journal

No abstract provided.

Textualism, The Fourteenth Amendment’S Citizenship Clause, “Subject To The Jurisdiction Thereof,” And Whether Article Iii’S Treason Clause Could Be The Answer, Christian Ketter

Nevada Law Journal

No abstract provided.

Privacy As A Democratic Guardrail: A Case For Fourth Amendment Constraints On Micro-Targeted Rhetoric, Susan Tanner

Nevada Law Journal

No abstract provided.

Of, By, And For, Steven L. Winter

Nevada Law Journal

No abstract provided.

Shrinking Sovereignty: By Land, Sea, And…Air?, Cynthia R. Harris

Pace Environmental Law Review

Atlantis was a mythical State destroyed by the gods as an object lesson to humanity. The complete destruction of a State, as a political entity, does have precedent in historical reality. The complete and permanent loss of a State’s physical territory, however, is a problem humanity has never faced—until now. Today, climate change-driven sea level rise is bringing the future sovereign status of Small Island Developing States (SIDS) in question. A growing body of legal scholarship argues for maintaining these States’ maritime jurisdictions but has not yet extended the question skyward to SIDS’ jurisdiction over airspace.

This Article addresses that …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Non-Reformist Reforms In Environmentalism: Legal Theory And Praxis, Nicholas F. Stump

Pace Environmental Law Review

This Article explores how non-reformist reforms—as opposed to traditional environmental law—are required for ecologically transformative futures. Traditional environmental law is a critically flawed regime due to its embeddedness in our current ecological political economy, which functionally requires perpetual accumulation and growth. However, this accumulation- and growth-based paradigm is incompatible with the material realities of our planetary boundaries. This paradigm has thus engendered our current era of profound ecological crisis (i.e., as associated with notions of the Anthropocene).

Non-reformist reforms are an alternative framework that can help drive transformations of our ecological political economy vis-à-vis building and operationalizing people power from …

Antitrust Law And Healthcare Consolidation: Case Analyses Of U.S. Hospital And Insurance Mergers, Francesca Meek

Honors Projects

Rising healthcare costs in the United States have intensified concerns about hospital consolidation and its effects on market competition. This paper examines the application of antitrust law to horizontal mergers involving hospitals and health insurers, focusing on how courts evaluate proposed mergers under Section 7 of the Clayton Act. Using a qualitative case study approach, the study analyzes eight major federal antitrust cases from the past two decades to determine how courts assess market concentration, competitive effects, and merger defenses.

The findings show that the Federal Trade Commission (FTC) and Department of Justice (DOJ) were successful in six of the …

2026 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding: 

Selma Botman, PhD, Provost and Vice President for  Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem: 

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks: 

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address: 

Hon. Rowan D. Wilson, Chief Judge of the State of New York and the New York Court of Appeals

Student Remarks: 

Quentin Decurnes, LL.M. Class Speaker, Class of 2026

Basya Bates, …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Artificial Intelligence In Healthcare: Ethical Frameworks, Challenges, And Global Approaches To Responsible Implementation: A Perspective, Vikas Vaibhav, Arwinder Singh, Yashpal S, Raviprakash Meshram, Varun Chandran A, Kshitiza Sharma

Graduate Medical Education Research Journal

Major advancements in domains like diagnosis and personalised treatment will be seen because of the rapid growth of artificial intelligence (AI) in healthcare. But this shift additionally presents significant ethical concerns that need to be carefully considered at every stage of AI's research, use, and impact on society in medical settings.

This review summarises the findings of multiple systematic and scoping reviews, as well as studies of specific AI applications published between 2013 and 2025. Additionally, it examines ethical norms from different countries and international organisations objectively. Consistent ethical challenges identified include the "black box" problem (lack of transparency and …