Law Commons^™

Artful Imbalance: How The Us Tax Code And State Trust Laws Enable The Growth Of Inequality Through High-Value Art Collections, Mimi Strauss

Brooklyn Law Review

The United States has become the leading jurisdiction for those who wish to buy and store high-value art and NFTs, pay as few taxes as possible, and ultimately secure their wealth for generations. This “onshore” tax crisis is the result of tax loopholes, money laundering, the securitization of art and NFTs, and the state-by-state trust system. These forms of tax dodging—both legal and illegal—contribute to wealth inequality and deplete the welfare state. As natural disasters and pandemics become ever more present, the United States will rely more heavily on taxes, and that burden should be carried by everyone, not just …

Essentializing Cultures In Us Asylum Law, Jaclyn Kelley-Widmer, Estelle Mckee

Brooklyn Law Review

Asylum applicants must tell a story about their home country that reduces and problematizes its culture. The requirements of asylum law demand that an applicant show why they will suffer persecution in their home country and that their government will not protect them from it. This legal framework prompts applicants to present a narrative in which their home culture plays the role of the ultimate antagonist, the force that propels the applicant’s persecutors to single them out for harm and renders their government passive—or even complicit—in the face of it. Such a narrative necessarily reduces the applicant’s culture to its …

A New Private Law Of Policing, Cristina Carmody Tilley

Brooklyn Law Review

American law and American life are asymmetrical. Law divides neatly in two: public and private. But life is lived in three distinct spaces: pure public, pure private, and hybrid middle spaces that are neither state nor home. Which body of law governs the shops, gyms, and workplaces that are formally accessible to all, but functionally hostile to Black, female, poor, and other marginalized Americans? From the liberal midcentury onward, social justice advocates have treated these spaces as fundamentally public and fully remediable via public law equity commands. This article takes a broader view. It urges a tort law revival in …

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …

Emerging Technologies And Perfection Of Security Interests: A Financial University Of Uncertainty, Elizabeth M. Wagenbach

Brooklyn Law Review

Since the founding of Bitcoin in 2009, digital assets, such as cryptocurrency, have exploded in popularity. Cryptocurrency has been associated with stories of immense profit and immense loss. The lucky transactors have been able to capitalize on the price fluctuations of cryptocurrency, while the unlucky transactors became victims of the same volatility, losing tremendous amounts of money. The novelty and ingenuity of cryptocurrency has been coupled with mass confusion to transactors and regulators alike. These early days of cryptocurrency have been characterized by a sort of regulatory tug of war that is a direct result of confusion of what cryptocurrency …

Dogma, Discrimination, And Doctrinal Disarray: A New Test To Define Harm Under Title Vii, Zach Islam

Brooklyn Law Review

Historically, federal courts have used the “adverse employment action” test in Title VII disparate treatment, disparate impact, and retaliation cases to determine whether a plaintiff has suffered adequate harm. This note argues that this approach is fundamentally flawed. At the outset, the test is a judicial power grab with no support in the statutory language. What is more, it fails to uphold the plain policy purposes for Title VII by largely ignoring evidence of discriminatory acts in the workplace that Congress sought to prevent in passing the statute. Consequently, Title VII plaintiffs get the short end of the stick with …

Mmu: 03/04/24–03/10/24, Student Bar Association

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The Attorney-Client Privilege Goes To Washington, Christine P. Bartholomew

Book Reviews

Reviewing David Rapallo, House Rules: Congress and the Attorney Client Privilege, 100 WASH. U. L. REV. 455 (2022).

Vol. 66, No. 08 (March 4, 2024)

Indiana Law Annotated

No abstract provided.

Bar Exam Session With Director Iannacone, Cardozo Office Of Academic Success

2023–2024 Flyers

No abstract provided.

Rebeca Boza Arauz V. Juan Carlos Quiquivix Oroczo : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

Sean Reyes, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

Puerto Rican Presidential Voting Rights: Why Precedent Should Be Overturned, And Other Options For Suffrage, Sigrid Vendrell-Polanco

Brooklyn Law Review

The United States has continued to hold Puerto Rico as a colony, much like the British empire did the US colonies, and has given it no clear path to incorporation, statehood, or independent sovereignty. It has also denied its citizens the right to vote for their president and have voting representation in Congress. Current case law regarding Puerto Rican presidential voting rights and voting representation in Congress rests on precedent that dates almost as far back as its acquisition—the infamous Insular Cases. This case law is inconsistent with prior precedent, constitutional principles, and does not account for Puerto Rico’s contributions …

A Tale Of Two Subject-To-Tax Rules, Sol Picciotto, Jeffery M. Kadet, Bob Michel

Articles

In this article, we analyze and compare two proposals for a new subject-to-tax rule (STTR) provision to be included in tax treaties, one from the U.N. Tax Committee and the other from the G20/OECD inclusive framework on base erosion and profit shifting. The U.N. proposal is broad, and would clarify that restrictions in tax treaties on taxation of income at the source where it is derived are conditional on that income being taxed at an agreed-upon minimum rate in the country where it is received. The inclusive framework version is much more limited, being confined to payments between connected entities …

Exploring Plaintiffs’ Law Careers Beyond Big Law, Latin American Law Students Association (Lalsa), Cardozo Labor And Employment Law Society, Norma Esquivel, Alysia Naomi Jawahar, Jenny Lam

2023–2024 Flyers

Join Cardozo Alumni to learn about their paths after law school and what being a plaintiffs' side lawyer looks like.

State Of Utah Plaintiff/ Appellee V. Gregory Joseph Cover Defendant/ Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a conviction for child abuse, a class A misdemeanor, in the Third Judicial District, Summit County, the Honorable Richard Mrazik presiding

NICOLAS C. WILDE, Counsel for Appellant

MARIAN DECKER, SEAN D. REYES, JOSEPH HILL, Counsel for Appellee

Entertainment Law Week, Cardozo Fame Center

2024 Event Invitations

• Theatre Law 101: How to Make It on Broadway
• Mythbusters: Entertainment Careers 101
• From Scripts to Streams: The Lawyer's Role in Digital Streaming
• Follow the Yellow Brick Road: Pathways to Enter Entertainment Law
• Resale Restrictions in the Art Market
• Diversity in Music

Briefing Note: 45th Meeting Of The Wipo Standing Committee On Copyright And Related Rights, Sean Flynn

Joint PIJIP/TLS Research Paper Series

This analysis provides a historical and legal overview of the principle agenda items to be discussed at the 45th meeting of the Standing Committee on Copyright and Related Rights.

How Can Generative Ai (Genai) Enhance Or Hinder Qualitative Studies? A Critical Appraisal From South Asia, Nepal, Niroj Dahal

The Qualitative Report

Qualitative researchers can benefit from using generative artificial intelligence (GenAI), such as different versions of ChatGPT—GPT-3.5 or GPT-4, Google Bard—now renamed as a Gemini, and Bing Chat—now renamed as a Copilot, in their studies. The scientific community has used artificial intelligence (AI) tools in various ways. However, using GenAI has generated concerns regarding potential research unreliability, bias, and unethical outcomes in GenAI-generated research results. Considering these concerns, the purpose of this commentary is to review the current use of GenAI in qualitative research, including its strengths, limitations, and ethical dilemmas from the perspective of critical appraisal from South Asia, Nepal. …

The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

“Unwilling Or Unable”, Lucy V. Jordan

International Law Studies

Critics of the unwilling or unable doctrine suggest that it could undermine the United Nations collective security system and argue that it requires an unacceptable ceding of a State’s territorial sovereignty. Increased reliance on the doctrine following the terrorist attacks of 9/11, particularly in relation to the use of force against ISIL in Syria since 2014, has caused the doctrine to face significant scrutiny. The purpose of this article is to ascertain whether the unwilling or unable doctrine has reached customary international law status. If found to be the case, the doctrine would confirm the right of States to act …

“It's The Commonwealth's Attempt To Censor . . . What We Teach”: Anti-Lgbtqia2s+ Educational Policy Influences On Rural Secondary Ela Teacher Practices, Josh Thompson, Clint Whitten, Karin Kaerwer

Virginia English Journal

The shift in political landscape in Virginia from former Democratic Governor Ralph Northam to current Republican Governor Glen Youngkin influenced educational policies in the commonwealth. Waving the banner of parental rights, the Youngkin administration began targeting LGBTQIA2S+ students and educators through legislation and policies such as SB 656 and Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. To understand the influence on rural school districts, this study asked how rural secondary English Language Arts educators understand and respond to these anti-LGBTQIA2S+ policies as well as the ways in which those educators …

The Federal Home Loan Banks Approach 100: Evolution From Housing Lender To Liquidity Provider, William C. Handorf, Reginald T. O'Shields, Tyler Holt

North Carolina Banking Institute

No abstract provided.

Borrowed Health, Rising Debt: The Need For Heightened Consumer Protection For Medical Credit Cards, Aparna Konde

North Carolina Banking Institute

No abstract provided.

The Role Of The Ftc In The Payment Card Industry -- An Examination Of Regulatory Shortcomings And Suggestions For Improvement, Steven M. Constantin

North Carolina Banking Institute

No abstract provided.

Commercial Real Estate Post-Covid-19: How Empty Offices Threaten Small Banks, Maria Colombo

North Carolina Banking Institute

No abstract provided.

Reforming Fdic Coverage Limits: The Deposit Insurance Cap, Macy T. Cope

North Carolina Banking Institute

No abstract provided.

Low Impact Development In The Coquitlam River Watershed: Barriers And Facilitators In Municipal Laws, Stepan Wood

Centre for Law and the Environment

No abstract provided.