Law Commons^™

Comprehensive Pluralist, Political Liberal: Rosenfeld And Rawls, Frank I. Michelman

Cardozo Law Review

A main plot in A Pluralist Theory of Constitutional Justice starts out from a supposition of political common cause between the author and his readers. Together, we are to be concerned with the upkeep and the fate of a certain high form of politics to which we're presumed attached, named by the book's first words as "liberal constitutional democracy" (LCD). The idea is that we want that form of politics to be in actual implementation going forward the best that it can be.

Minimal Justice, Bernhard Schlink

Cardozo Law Review

Stating what maximum justice demands is straightforward. Justice prevails if everyone is treated equally whenever anything is distributed or if any unequal distribution reflects a particular achievement or needs, and if compensation is always granted if something is taken. Such distribution includes according or assigning any kind of right or duty, which may take the form of opportunities, positions, services, and obligations. When it comes to what may be taken and the form that compensation assumes, the spectrum ranges from property or life and limb, taken through criminal acts and paid for by punishment for such crimes, to intentional or …

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Opening Dialogue, Lee C. Bollinger, Geoffrey R. Stone

Faculty Scholarship

To set the stage for the excellent essays that make up this volume on the future of free speech, let’s begin where we often do when thinking together about the First Amendment: with some basic facts and fundamental observations about the constitutional command that “Congress shall make no law ... abridging the freedom of speech, or of the press.”

Of course, in the United States, “free speech” is not only part of the constitutional Bill of Rights; it is also a cultural and social norm by which we choose to live. Several of the essays in this volume therefore take …

Transforming The Welfare State, One Case At A Time: How Utrecht Makes Customized Social Care Work, Charles F. Sabel, Jonathan Zeitlin, Jan-Kees Helderman

Faculty Scholarship

Advanced welfare states are under pressure to customize services, promptly enough to prevent a cascade of harms. With these goals, the Netherlands in 2015 decentralized social care services to municipalities, and within municipalities to neighborhood teams in continuing contact with clients. The overall results have been disappointing. But the experience of Utrecht, the Netherlands’ fourth-largest city, has been strikingly different. By using hard-to-resolve cases to signal conflicts in rules, obstructive jurisdictional boundaries, and the shortcomings of private service providers, Utrecht is learning to customize and speed delivery of social care through incremental steps. This article explains how Utrecht’s success addresses …

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …

Water Management And Conservation In India Fostering Water Justice: Arguing For Adopting Just Sustainability In Water Governance, Gayathri D Naik Dr, Sanjay Shenoi P

Articles

The water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving …

Session 5: Generative Ai Tort Liability, Mark Chinen

SITIE Symposiums

In Session Five of the SITIE2024 Symposium titled “Generative AI Tort Liability,” Professor Mark Chinen discussed Tort law in relation to artificial intelligence. He began by discussing the emerging harms in software development and then transitioned to generative AI, identifying features relevant to tort liability. Chinen also addressed the actors and parties involved in AI development and use in tort law and explored the broad issues in tort law and generative AI. Focusing on the US context, he discussed harm related to Freedom of Expression and specific torts related to AI harms. Finally, he briefly discussed the European Union's approach …

Cover, Table Of Contents & Masthead, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …

Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …

Legal Summaries Of Administrative Law Cases, Keyana Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Session 4: Generative Ai And Artists, Heather Johnson, Moorisha Bey-Taylor, Sarah Duran

SITIE Symposiums

This session primarily focuses on the concerns of balance: how to allow technology to have its say while also promoting creativity and originality. There is no doubt that the approved interdependence of technology and artistic creation can develop great works and will ultimately shed new light on the conversation of artificial intelligence, but doing so will require time and overcoming challenges.

Session 3: Digital Resurrection: Immortality Or Imposter?, Victoria J. Haneman

SITIE Symposiums

With the sudden rise in Artificial Intelligence (AI), there have been many concerns brought with it. One of these concerns involves the issue of the right to control your “digital self” once you die. Do the dead have a right to control their memory and likeness that trumps the right of the living to remember? How can we balance these rights as we are confronted with an issue that is so time sensitive and needs immediate action?

Session 2: The Case For Infringement, Steve Cohen, Ian Crosby, Joseph R. Saveri, Tim O'Reilly

SITIE Symposiums

This session provides an in-depth examination of the evolving legal landscape surrounding generative AI and its interaction with copyright laws. Joseph Saveri opens with a discussion on numerous lawsuits filed since 2022, involving various works used by generative AI companies without authorization. Ian Crosby highlights a significant case where the New York Times has sued OpenAI and Microsoft, focusing on whether using copyrighted material to train AI models constitutes fair use and the impact of AI-generated narrative search results on journalistic revenue. Steve Cohen discusses a class action lawsuit involving voiceover actors whose recordings were misused by AI, emphasizing the …

Session 1: Reimagining Copyright In The Generative Ai Era, Juan Carlos Reyes, Edward Lee, Matthew Sag

SITIE Symposiums

In Session One of the SITIE 2024 Symposium titled “Reimagining Copyright in the Generative AI era,” moderated by TILE Co-Director and Professor Margaret Chon, a panel of esteemed presenters discussed different means to view and interpret copyright in the era of GenAI. Professor Juan Carlos Reyes showcased how his students used collaborative projects with AI to craft unique literary works, drawing parallels between personal experiences and AI interactions. Professor Edward Lee explored the meaning of “Authors” in the Progress Clause and the U.S. Copyright Office’s reliance on the so-called “traditional elements of authorship,” a term that no federal court has …

Session Introduction: Welcome And Overview Of Generative Ai Technology, Leighanne Thompson

SITIE Symposiums

In the introduction of the SITIE2024 Symposium, “Welcome and Overview of Generative AI Technology,” esteemed presenter LeighAnne Thompson, Associate Director for Digital Innovation at Seattle University’s Law Library, provided an introduction to GenAI. Thompson’s introduction to GenAI included the different uses these platforms have, an overview of how GenAI and large language models (LLMs) work, guidance on how to use these platforms, a brief discussion of the potential uses in law, and the benefits and risks associated with GenAI.

7th Annual Innovation And Technology Law Conference: Generative Ai: Infringement Or Innovation?, Steven Bender

SITIE Symposiums

Since 2018, the Seattle University School of Law has presented an annual late spring/summer conference on innovation and technology, with a shift to a virtual conference in 2020. The virtual format fosters inclusion of national speakers and participation from a broad base audience, which this year included about 140 registrants who joined us live or watched the recording.

Duty, Breach, Deterrence: The Ncaa’S Legacy Of Immortalizing Competitive Glory Over The Well-Being Of The Student-Athletes It Aims To Protect, Gabi A. Grillon

Barry Law Review

No abstract provided.

A Novel Application Of Negligent Entrustment: Section 230 And The Gig Economy, Zachary B. Pyers, Kenton H. Steele, Kelsey S. Gee

Barry Law Review

No abstract provided.

Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams

Barry Law Review

Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the …

Abortion, Citizenship, And The Right To Travel, Rebecca E. Zietlow

Employee Rights and Employment Policy Journal

This article considers the changed landscape for abortion rights since the United States Supreme Court’s opinion in Dobbs v. Jackson Women’s Health. Before Dobbs, the right to choose an abortion was a fundamental right under federal law, enforceable against all state governments. After Dobbs, the scope of one’s right to choose an abortion depends on the state in which one lives, and if abortion is illegal in their home state, their right to travel to another state where abortion is legal. The right to travel is particularly important for workers who must live in an anti-abortion state because their …

Labor Law's Impact On The Post-Dobbs Workplace, Jeffrey M. Hirsch

Employee Rights and Employment Policy Journal

The Supreme Court’s Dobbs decision has left many workers, especially in states with restrictive abortion-related laws, in a precarious position. Labor laws and unions, however, provide one avenue for providing these workers with more protections. Unions can demand bargaining to protect or expand health care, leave, and other terms of employment that give workers with means to obtain abortion-related care. Unions can also provide members legal defense and other support if they face prosecutions. Additionally, both union and non-union workers who make up the vast majority of workers in states with restrictive laws may have labor law protection for discussing …

The Long Shadow Of Food Lion, Knight First Amend. Inst. (May 31, 2024), Alan K. Chen

Sturm College of Law: Faculty Scholarship

This essay discusses the continuing shadow of Food Lion, Inc. v. Capital Cities/ABC, Inc., which looms over the efforts of journalists and, increasingly of other citizens, to engage in undercover investigations to discover and disseminate truthful information on matters of profound public concern. At a time when many impediments to freedom of the press have emerged, legal barriers to undercover investigations suppress a key newsgathering tool that was once an important part of the news media ecosystem. After describing the extensive litigation battle in the case, the essay argues that the decision continues to cast a chilling effect over journalists …

Dean Melanie Leslie Announces Six New Faculty Appointments, Benjamin N. Cardozo School Of Law

Cardozo News 2024

We welcome these six new members to the Cardozo faculty with great joy. Below are brief biographic sketches of each with links to full details of their academic and career achievements, which are too numerous to list here.

Cardozo Celebrates Public Service At 32nd Annual Inspire! Awards, Benjamin N. Cardozo School Of Law

Cardozo News 2024

Cardozo’s Center for Public Service Law celebrated the Inspire! Awards on May 28, a yearly event that honors students, alumni and community leaders who have made strides in public service over the past year.

Cardozo Law News Brief: May 31, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Alexander Reinert
• Saurabh Vishnubhakat
• Lindsay Nash
• Michel Rosenfeld

Campus News:

• Dean Melanie Leslie Announces 6 New Faculty Appointments
• Cardozo Welcomes Over 200 Alumni Back to Campus For Homecoming & Reunion
• Cardozo Celebrates Public Service at 32nd Annual Inspire! Awards

Legally Sanctioned Takings Of Black Children: How Slavery Reverberates In The Modern Child Welfare System, Abigail Mitchell

The Scholar: St. Mary's Law Review on Race and Social Justice

This article explores the link between the taking of Black children from their families perpetrated as part of American slavery and modern takings in the modern family policing system. This article posits that underpinning both systems is a pervasive paternalism that purports to be benevolent but has been weaponized to systematically traumatize Black children and villainize Black parents. This article takes a sweeping historical perspective and connects the same discourse used to justify slavery to that which has permeated the modern family policing system.

Authenticating Social Media Evidence In Chinese Criminal Procedure Law -- A Comparative Study, Yage Huang

Maurer Theses and Dissertations

Authentication requires the proponent to provide sufficient proof that the proposed social media evidence is, indeed, what it is claimed to be. The rapid proliferation of social media evidence has posed significant challenges for its authentication. This dissertation explores the authentication challenges for social media evidence in a comprehensive manner.

This research employs a qualitative research methodology, including theoretical and analytical methods, to examine the theoretical approaches, statutory provisions, and recent judicial rulings related to the authentication of social media evidence within the legal frameworks of China and the United States. Through a comparative analysis, this study reveals significant commonalities …

Voice Stress Analysis: Is “Some Evidence” Sufficient Grounds For Making Legal Determinations?, Brad Mccall

Barry Law Review

No abstract provided.