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Kukin Program Newsletter – Spring 2024, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Spring 2024 highlights recent achievements, events, and developments in Cardozo Law School’s Alternative Dispute Resolution (ADR) program. Key features include student accomplishments in national ADR competitions, faculty contributions to international conferences, and updates on new courses like Dispute Systems Design and International Investment Arbitration. The issue also covers the Cardozo Divorce Mediation Clinic’s 13th anniversary, faculty spotlights, and the Cardozo Dispute Resolution Society’s inaugural Arbitration Day. This newsletter reflects the Kukin Program's commitment to advancing ADR education and supporting students in impactful, real-world learning experiences.

A History Of Corporate Law Federalism In The Twentieth Century, William Wilson Bratton

Articles

This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey's successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Articles

No abstract provided.

Beyond The Binary: Analyzing Transgender Legislation In Spain And Its Implications For Equality And Rights, Stephanie Hernandez

Independent Study Project (ISP) Collection

Spain is considered one of the leading countries in LGBT+ acceptance and rights with their progressive laws, gaining a name for itself as a haven for those within the community. In this research paper, I investigate the evolution of transgender legislation in Spain into the current day and how it impacts the public perception and gender affirmative care available to trans people. Focusing primarily on the passage of Trans Ley 4/2023 and the windows it opened in Trans rights. Looking into the improvements made in Trans laws, from Ley 3/2007 to current day. Additionally, this paper will look into attempted …

Publisher's Note, Kristina Carlston

Brigham Young University Prelaw Review

No abstract provided.

A New Hope: Perez V. Sturgis Public Schools Opens The Courthouse Doors To Children With Disabilities, Richard Marsico

Belmont Law Review

This article addresses what happens when the exhaustion

requirement for IDEA claims intersects with the exhaustion requirement for

related federal laws. Specifically, compensatory monetary damages are

not available for IDEA violations but are available for violations of

related federal laws. This raises a question: if a plaintiff wants to file a

complaint pursuant only to the related federal laws alleging disability

discrimination and seeking monetary damages for actions that also arguably

violate the IDEA, must the plaintiff exhaust the IDEA administrative

process first?

From Garcetti To Kennedy: Teachers, Coaches, And Free Speech At Public Schools, Emily G. Waldman

Belmont Law Review

This Article analyzes Kennedy’s implications for educators’ free speech rights at school. It is important to note, at the outset, that the Kennedy majority’s description of the actual facts at issue is highly debatable. Indeed, the majority presented a sanitized account of what actually occurred on the ground, minimizing the highly public nature of Kennedy’s prayers and the football players’ involvement in them. That said, if we take the facts as the majority presented them, and then move to the majority’s assessment of those facts, we emerge with an interesting gloss on Garcetti. Synthesizing Garcetti and Kennedy points toward a …

Too Young To Suspend: Ending Early Grade School Exclusion By Applying Lessons From The Fight To Increase The Minimum Age Of Juvenile Court Jurisdiction, Peggy Nicholson

Belmont Law Review

In many respects, the evolution of juvenile court reform and school discipline reform follow similar trajectories. This Article begins by tracking those respective evolutions. Part I outlines the evolution of the juvenile court system in the United States and focuses on the fledgling system’s distinction of children from adults and its “rehabilitative ideal” that children could outgrow challenging behavior if given the right treatment and services. After a long period of “adultification” of the juvenile court in response to rising crime rates, more recent reform efforts have focused on returning to the early court’s rehabilitative model, including policies that would …

"Exceedingly Unpersuasive" - Discrimination, Transgender Students, And School Bathrooms, Mark Dorosin

Belmont Law Review

In 2015, the St. Johns County School District adopted a policy which prohibited transgender students from using the restroom matching their gender identity and required that they use either single stall restrooms or the multi-stall restroom corresponding to their gender listed on their birth certificate (their “biological” sex). Similar policies targeting transgender students had been implemented by school districts across the country; and like many of them, St. Johns’ policy was quickly challenged by a transgender student who asserted that the policy violated his civil rights. In late December 2022, a divided Eleventh Circuit Court of Appeals, sitting en banc, …

Democracy And State Education Governance, Quinn Yeargain

Belmont Law Review

This Article lays out the hundred-year-plus trajectory of state constitutional and statutory changes that transitioned education from a near universally democratized area of policymaking into one that unevenly balances democracy and professionalization. Part I begins by sketching out the starting position of democracy in state education governance: the initial creation of elected state education administrators and the pressures to reform these systems in the early twentieth century. Then, Part II explores the slow process by which the structure of statewide education governance shifted, discussing the methods by which reforms were proposed and the content of the proposed changes. Part III …

What Will Happen To Cleo In The Wave Of Affirmative Action Litigation, Erin Lain

Belmont Law Review

The Students for Fair Admission (“SFFA”) decision has upended how law schools conduct admission, changing the decades-old practices of considering race as one of many factors in the admissions process. Despite the narrow use of race in the admission process, the legal profession is still almost 81% white, suggesting the use of affirmative action has not been a substantial boost to minority enrollment in law school. Despite the low impact, the United States Supreme Court proceeded with a sweeping decision declaring the use of racial checkboxes unconstitutional and limiting the use of race in admissions to evidence of nonracial attributes …

Maximizing The Educational Choice Wave By Rethinking State And Local Regulations, Shaka Mitchell

Belmont Law Review

This Article will first survey the flurry of education choice activity in 2023, touching on several of the factors that drove legislation. Next, it will examine both the dispositional and practical impediments to choice reforms. This Article concludes with recommendations for modernizing local and state policy to best achieve the goals of recently enacted educational programs.

Justice Denied: A Call To Abolish Noneconomic Damages Cap In Maryland, Lawrence S. Greenberg, Brice M. Baker

University of Baltimore Law Forum

No abstract provided.

Financial Frenemies: How Maryland's Rate-Setting Dispute Resolution Model Contradicts The Federal Arbitration Model And Continues To Pit Insurers And Providers Against Each Other, Alexandra R. Mitchell

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Balt. Police Dep't V. Open Just. Balt., Ryan Powelson

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Doe V. Cath. Relief Servs., Spencer Baldacci

University of Baltimore Law Forum

No abstract provided.

Recent Developments: Woodlin V. State, Claire Trudeau

University of Baltimore Law Forum

No abstract provided.

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.

I Called For Help, And No One Answered: How Government Attorneys Still Lack Ethical Protection In Whistleblowing Loyalist-Adversarial Political Prosecutions, Robert Harry Saylor Iii

Hofstra Law Student Works

No abstract provided.

The Role Of Leniency Offers In Correcting Wrongful Convictions, Lee Ann Masters

Hofstra Law Student Works

No abstract provided.

Leveling The Playing Field: Addressing The Crisis In Indigent Defense Through Resource Parity, Evan Itzkowitz

Hofstra Law Student Works

No abstract provided.

Santa Clara Magazine, Volume 65 Number 1, Spring 2024, Santa Clara University

Santa Clara Magazine

14 - A CAMPUS ON THE RISE Six new buildings on campus aren’t the only changes brought by a successful $1 billion fundraising campaign. Lauren Loftus & Leslie Griffy

20 - HUMAN AT HEART How Santa Clara University is distinguishing itself as a leader in human-focused health care innovation. Lauren Loftus

26 - SHEPHERDING INNOVATION How wonder, and God, can make us better scientists. Brother Guy Consolmagno, S.J.

30 - THE CO-OP Santa Clara University has long been a bastion of interdisciplinary learning. A new fund is taking cross-collaboration to new heights. SCM Staff

34 - MAKE AI THE BEST …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Emojis: An Approach To Interpretation, Patricia Vilma Graham

UC Law SF Communications and Entertainment Journal

No abstract provided.

Has Ai Art Generated The Next Napster? Analyzing Civil And Criminal Liability For Prompt Marketplace Participants, Tyler Larson

UC Law SF Communications and Entertainment Journal

No abstract provided.

Recent Developments: Blake V. State, Jayna Peterson

University of Baltimore Law Forum

No abstract provided.

Taking Our Position: Repairing The Breach In The Pipeline To The Legal Profession By Transforming The Impact Of Bias Against Black Girls In Student Discipline, Hon. Tiffany W. Brewer

Belmont Law Review

This Article implores the legal profession to intervene in promoting accountability in remediating implicit bias and discrimination in school discipline decisions disproportionately impacting Black girls’ educational outcomes, given their significant impact in disrupting the pipeline to the legal profession. The lack of accountability for disparate school discipline policies has resulted in little progress in decreasing the school-to-prison pipeline for Black girls. As a result, failures to eradicate implicit bias and discrimination in educational systems threaten the pipeline of future Black women law students, lawyers, and judges. This Article contends that if the bias in current school discipline policies toward Black …

Learning Together: Modern Developments In Education Law, Angie Sanders, Jordyn Conley, Lauren Bush

Belmont Law Review

Panel Discussion from legal practitioners discussing the various challenges and processes of working in the field of education law.

The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene

Belmont Law Review

This Note discusses the theatrical casting process from publishing a breakdown through audition day type outs and how this process exposes productions, theater companies, and Actor’s Equity Association (“AEA”) to potential liability. Part I provides a background on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981, as these are the federal antidiscrimination laws under which a lawsuit is most likely to arise. Part II explores the language of breakdowns, defines the concept of theatrical typing, and discusses the two predominant methods the theater industry frequently utilizes in casting shows. Likewise, …

The Forgotten Animals Who Feed The Nation: Why The Ppia Is Not Effective At Protecting The Welfare Of Poultry Farmed In The U.S., Jacqueline Woodruff

Belmont Law Review

The article "The Forgotten Animals Who Feed the Nation: Why the PPIA Is Not Effective at Protecting the Welfare of Poultry Farmed in the U.S." by Jacqueline Woodruff argues that the current U.S. Poultry Products Inspection Act (PPIA) is insufficient in ensuring humane slaughter practices for poultry. Woodruff critiques the USDA's reliance on "Good Commercial Practices" (GCP) and points out that these standards lack a clear definition of "humane" and do not mandate the stunning of poultry before slaughter. The author suggests that including poultry under the Humane Methods of Slaughter Act (HMSA) or amending the PPIA to include more …