Law Commons^™

A Gdpr-Compliant Fatca Structure?, Michael Hatfield

Articles

A 2025 Belgian Data Protection Authority (DPA) decision and ensuing preliminary questions referred by the Belgian Market Court to the Court of Justice of the European Union (CJEU) highlights the tension between the General Data Protection Regulation (GDPR) and the US Foreign Account Tax Compliance Act (FATCA) structure in Europe. The FATCA structure relies on intergovernmental agreements (FATCA IGAs) between the US and EU Member States. Under these agreements, Member State tax authorities transfer personal data of their citizens and residents to the US Internal Revenue Service (IRS). It may be determined that these transfers violate some or all of …

Adoption And The Illusion Of Choice After Dobbs V. Jackson Women’S Health, Solangel Maldonado

Cardozo Law Review

Thalia, a twenty-eight-year-old mother of two, has struggled with a substance use disorder for several years. Her children, ages five and seven, are in foster care. Thalia was homeless when she learned that she was fourteen weeks pregnant. She wanted to have an abortion, but her state banned abortions after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The closest abortion care provider in a neighboring state was 400 miles away, and a medical (non-surgical) abortion was no longer an option.

Unable to access abortion care, Thalia was forced to carry the pregnancy to term. Her …

Autonomous Contracts And Transformative Justice: Practicing Family Law Without Court Intervention, D Dangaran, Andy Izenson

Cardozo Law Review

Legal scholars have made calls to “abolish family court” or “abolish the family.” Before family court can be abolished, society must reduce its reliance on state interventions to resolve family disputes. This Article applies abolition theory and the praxis of “non-reformist reforms,” derived from Black feminist thought and the prison abolition movement, to family law. It details the context of the current “carceral” interventions that rely on state enforcement and then categorizes alternative family law tools into noncarceral, anticarceral, and transformative practices. Noncarceral approaches, such as private ordering through prenuptial, “no-nuptial,” and separation agreements, and establishing parentage for assisted reproduction …

May 2026 News You Need, David Foe

The Journal of the Michigan Dental Association

This source provides comprehensive updates on organized dentistry, including the appointment of Dr. Nader A. Nadershahi as the new ADA executive director. It reports on the MDA's current membership market share, which remains high at approximately 70% despite national trends. Significant health topics covered include Mental Health Awareness Month resources like the Well-Being Index and a patient fact sheet linking oral health to systemic conditions like heart disease and diabetes.

Cardozo Law News Brief: May 1, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the May 1, 2026 Cardozo Law News Brief include:

• Maurice Q. Robinson ’09 was honored at the 16th Annual BALLSA Celebration for his leadership, service, and commitment to creating opportunities for future generations.
• Professor Lindsay Nash was quoted in The New York Times about Texas Governor Greg Abbott’s immigration enforcement tactics, raising concerns about constitutional violations tied to administrative warrants.
• Professor Wilfred Codrington III spoke to USA Today and Newsweek about recent Supreme Court redistricting cases and their implications for state authority.
• Professor Jacob Noti-Victor co-authored an op-ed in The Atlantic examining copyright law and generative AI amid …

Maga's Blue State Strategy: How Democrats And University Leaders Helped The Reactionary Right Weaponize Antisemitism Against Higher Education, Jonathan Feingold, Isaac Kamola

Faculty Scholarship

The professors are the enemy. Professors are the enemy. Write that on the blackboard 100 times and never forget it.

—President Richard Nixon, 1972¹

[I]f any of us wants to do the things we want to do[,] . . . we have to honestly and aggressively attack the universities in this country.

—J.D. Vance, 2021²

October 7, 2023 was many things. One of those things was a lucky break for the Heritage Foundation (“Heritage”). For decades, Heritage and its allied think tanks, donors, and officials had labored to discredit and, if possible, take over higher education in the …

The Impact Of Ai Companions On Family Law, Clare Huntington

Cardozo Law Review

People of all ages and backgrounds regularly use AI companions—virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy …

Nonmarriage? Rethinking Religious Marriage In Modern States, Shahar Lifshitz

Cardozo Law Review

This Article examines the civil regulation of religious marriage in liberal democracies. While legal scholarship has extensively explored nonmarital intimate relationships, it has paid comparatively little attention to couples who regard themselves as married under religious law without corresponding civil status, as well as couples who remain religiously married following a civil divorce. These arrangements, prevalent among religious minorities such as Orthodox Jews and Muslims, often generate significant legal and personal harms, including exclusion from civil protections, economic vulnerability, and constrained exit from intimate relationships.

This Article develops a structured analytical framework grounded in three liberal perspectives. The individual-rights perspective …

Saying What The Law Might Be? Courts, Geofence Warrants, And The Fourth Amendment Labyrinth, Ciara Lavin

Cardozo Law Review

Since 2016, Google has received thousands of geofence warrant requests from law enforcement, requesting Google to scan through its vast database of users to identify who and what devices entered into, or exited out of, a set of coordinates in a specified period of time. Several cases began making their way through the federal courts to delineate the legality of such warrants—with challenges spanning the vast amount of data they search, their relative accuracy, and whether they comported with the Fourth Amendment. Then, in the summer of 2024, two federal appellate courts handed down decisions just weeks apart: the Fourth …

The Rhythm Of Reform, Michael Waldman

Cardozo Law Review

This year, we celebrate the 250th anniversary of our independence. In January 1776, Thomas Paine published Common Sense. Paine was an immigrant who had arrived only two years before. The pamphlet went viral, a widely bootlegged bestseller with 120,000 copies sold in its first three months in print. It galvanized support for independence and argued that the collection of colonies should become a republic. Paine wrote: “[I]n America THE LAW IS KING.”

Is that still true? We are finding out.

Today our Constitution and the institutions of self-government face extraordinary pressure. In the first two months of 2026 alone, …

The Green Amendment As A Substantive Canon, Blake Zimmerman

Cardozo Law Review

State-level environmental rights amendments, commonly referred to as “Green Amendments,” embody inspired ideals of the environmental conditions owed to all. Their aspirational language—promising a clean and healthful environment for present and future generations—intuits bold action. Nonetheless, when leveraged as a standalone cause of action, the Green Amendment’s ability to exact substantive outcomes has proven less inspired, and jurisprudence in the three Green Amendment states—New York, Pennsylvania, and Montana—reveals several shortcomings. These include that the Green Amendment has been interpreted as providing only procedural rights, the Green Amendment generally does not reach private parties, the Green Amendment’s broad language begets circumspect …

Are Anti-Corruption Sanctions The New Fcpa? A Comparison Of The Foreign Corrupt Practices Act, The Foreign Extortion Prevention Act, And Sanctions, Karen Peters-Van Essen

Faculty Law Review Articles

With the rise of globalization, international corruption has been linked to a host of economic and social ills, including inter-state conflict.  By 2021, the U.S. government had identified corruption for the first time as a national security threat that required a broader range of inter- and cross- governmental policy tools to address the identified scope of the problem.  This national security focus was reinforced with the Russian invasion of Ukraine in 2022, which has been seen as being facilitated by corrupt oligarchs.  To be sure, the U.S. had decades prior passed the Foreign Corrupt Practices Act, which prohibits U.S. businesses …

أثر الفيتو على فعالية مجلس الامن في النزاعات الدولية المعاصرة "دراسة تحليلية", محمد سلطان الكويتي

Theses

The Impact of the Veto on the Effectiveness of the Security Council in Contemporary International Conflicts: "An Analytical Study"

The League of Nations, which was established in 1919 after World War I to maintain peace, failed in its mission. Therefore, in 1945 the victorious allies established the United Nations through San Francisco Conference on June 25, 1945. This was followed by the establishment of the Security Council, with its primary responsibility in maintaining international peace and security. The establishment of the Security Council represented a tremendous hope for achieving world peace after the horrors of World War II. However, The …

Insolvency Law In The Global South: Lessons For The Global North, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Despite the influence of the Global North in many insolvency laws and practices in the Global South, this article shows that the Global South has innovated in many aspects of insolvency law. In some cases, these innovations consist of solutions that, with certain adjustments, have been imported from the Global North. In others, they are really ‘autochthonous innovations’ from the Global South. This article identifies both types of innovations, providing examples from jurisdictions such as Brazil, Chile, China, Colombia, Dominican Republic, India, Malaysia, Mexico, Myanmar, Peru, Philippines, Thailand and Uruguay. More importantly, it will be shown how those innovations from …

Agency Fact-Making, Haiyun Damon-Feng

Articles

Modern administrative-law scholarship, theory, and doctrine generally conceptualize agencies as engaging in three primary functions: rulemaking, enforcement, and adjudication. This understanding of agencies has informed deep debates surrounding the power, independence, and constitutional legitimacy of the administrative state. But the prevailing account is incomplete. It overlooks a fourth core function of the administrative state: its fact-making, or epistemic, function. Across the administrative state, agencies create and disseminate information in ways that are uniquely comprehensive and uniquely powerful. Agencies’ epistemic outputs include the census generated by the Census Bureau, repositories of public-health information maintained by the Centers for Disease Control and …

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

Articles

This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

Joint Bank Accounts: Who Needs Them?, Reid K. Weisbord, Stewart E. Sterk

Articles

Joint bank accounts, once known as a “poor man’s will,” emerged more than a century ago as a probate avoidance device. This Article contends that joint accounts no longer serve a useful estate planning function, and they pose an unacceptably high risk to banking consumers because the legal framework governing lifetime ownership rights is deeply flawed and underdeveloped. Courts typically apply one of two prevailing models for allocating lifetime rights: (1) the traditional joint tenancy approach, which presumes equal ownership of account funds by each party; and (2) the Uniform Probate Code’s approach, which presumes ownership in proportion to each …

Immigration Related Stress As A Social Determinants Of Health Among Immigrants In Santa Cruz County, Jose Manuel Martinez

Capstone Projects and Master's Theses

Immigration related stress is a major public health issue for undocumented immigrants and mixed status families. That is linked towards the social determinants of health associated with mental health, stress, and disparities. This capstone project was implemented at Santa Cruz County Immigration Project, a program within the Community Action Board in Watsonville, California, that provides legal assistance and support towards the community. The purpose of this project was to evaluate & analyze collected data from clients feedback through bilingual surveys & intake forms that were distributed in person, email, text, and QR code. A total of 50 surveys were collected, …

How Ai Destroys Institutions, Woodrow Hartzog, Jessica Silbey

Faculty Scholarship

Civic institutions—the rule of law, universities, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies encourage cooperation and stability, while also adapting to changing circumstances. The real superpower of institutions is their ability to evolve and adapt within a hierarchy of authority and a framework for roles and rules, while maintaining legitimacy for the knowledge produced and the actions taken. Purpose-driven institutions built around transparency, cooperation, and accountability empower individuals to take intellectual risks and challenge the status quo. This happens through the machinations of interpersonal relationships within those institutions, which broaden …

Revocation Reconsidered: Probation Advocacy Through A Litigation Lens, Shira M. Diner

Faculty Scholarship

Being found in violation of probation has dire consequences. The person found in violation can be imprisoned, upending them from their job, family, and community. Unlike incarceration after a criminal trial, a sentence after a violation of probation is not the result of a legal process characterized by robust due process protections. It is also often not the result of a forceful and thorough defense. It is instead the consequence of a hearing where lawyers with the fixed mindset of an inevitable finding of a violation don’t engage in the same preparation that they would if it was a trial. …

Making Students Practice Ready: Standalone Email And Summary Email Simulations, Betsy Byra, Seth Reiner

Faculty Scholarship

Legal research and writing (“LRW”) curricula emphasize the importance of efficient and effective communication, traditionally providing students with the opportunity to hone this skill through two lengthy and formulaic assignments: a predictive memo and a persuasive brief. These prompts miss key opportunities to engage students in the practice of thinking and writing like lawyers outside the confines of this formal structure. This is a problem because email research memoranda have become the primary mode of communication at firms among junior-level lawyers.This shift has largely been driven by client and supervisor demands for greater efficiency and concision, and will likely only …

Foreword: The Universities Will Not Save Us, Jonathan Feingold

Faculty Scholarship

In the spring of 2024, thousands of university students joined campus protests advocating for Palestinian human rights and calling on their institutions to divest from Israel’s military assault on Gaza.1 The student action echoed historical protest movements that universities routinely celebrate in their brochures, monuments, and signage.2 Yet rather than embrace their students’ principled activism, universities across the country deployed militarized force against their own communities.3 From elite Ivies in the northeast, to large privates in the Midwest, to state schools in Texas and California, administrators greeted peaceful protest with discipline, smears, and physical violence.

Editorial: El Juego De Rol Como Instrucción Para La Inmortalidad, Romano Ponce Díaz

Journal of Roleplaying Studies and STEAM

El presente número del Journal of Roleplaying Studies and STEAM examina la convergencia entre las prácticas lúdicas, el diseño narrativo y los procesos de mediación sociocultural en la investigación contemporánea. Las contribuciones reunidas en este número abordan el juego de rol como un dispositivo de producción de conocimiento, intervención psicoeducativa y reelaboración de representaciones culturales. Nos podemos atrever a señalar que la educación es la convergencia entre la ludología, las ciencias sociales, los estudios visuales y el análisis cultural; entendiendo a la educación como la actividad consciente e intencionada de transmitir información y conocimientos a las siguientes generaciones.

Practicing Conflict Transformation Skills Through Role-Playing Games For Diversity, Equity, And Inclusion In Higher Education, Alexandra Schreiber, Kjell H. Hugaas, Sarah L. Bowman

Journal of Roleplaying Studies and STEAM

No abstract provided.

3d: Dragones, Dados Y Deseos. Rituales En Las Comunidades Roleras De Bogotá, Francisco Gonzalez Buitrago

Journal of Roleplaying Studies and STEAM

¿Qué ocurre cuando la ficción deja de ser solo entretenimiento y se transforma en refugio, ritual y espacio de transgresión? Este artículo analiza los hallazgos de una etnografía y un ejercicio de cartografía social en torno a comunidades roleras de Bogotá, mostrando cómo jóvenes y adultos reconfiguran sus vidas cotidianas a través del juego de rol.

Lejos de limitarse al escapismo, las partidas se convierten en escenarios simbólicos donde caben la negociación, la crítica y la catarsis. En una ciudad marcada por la incertidumbre generacional y las tensiones entre género, clase y territorio, las campañas de rol permiten reimaginarse a …

¿Salvar El Mundo O Las Notas? Mahō Shōjo En El Contexto De La Reforma Educativa Lomloe, Daniel Romero Benguigui

Journal of Roleplaying Studies and STEAM

La década de los 90 supuso la apertura cultural japonesa, pues sería cuando las producciones anime se realizaron para ser visionadas en el extranjero, lo que llevaría a la globalización de unas narrativas asentadas en la sociedad japonesa. Esto queda manifiesto en la distinción shonen/shojo, siendo el primero un producto dirigido, respectivamente, a una audiencia juvenil masculina o femenina, siguiendo la demografía nipona mediante una serie de temas y referencias que, para el resto de países y sus comunidades, no podían interpretarse del mismo modo, fomentando una lectura propia.

Un ejemplo de ello se localiza en Sailor Moon (1991), …

The Functions Of Role- Playing Games: How Participants Create Community, Solve Problems And Explore Identity, De Sarah Lynne Bowman (2010) [Reseña De Libro], Cristo Leon

Journal of Roleplaying Studies and STEAM

The Functions of Role-Playing Games: How Participants Create Community, Solve Problems and Explore Identity, by Sarah Lynne Bowman, is an ambitious, wide-ranging, and still necessary work for role-playing game studies. Published in 2010, the book proposes that role-playing and roleplaying games fulfill three main social and psychological functions: creating community, facilitating problem solving, and enabling the exploration of identity. Bowman develops this thesis through a combination of theoretical review, cultural reflection, and participant-observer ethnography, based on interviews with players of tabletop role-playing games, live-action roleplaying games, and virtual environments. Organized into seven chapters, the book moves clearly from the …

The Impact Of Job Satisfaction, Organizational Commitment, And Employee Engagement On The Intent To Leave The Law Enforcement Profession For Police Officers, Veronica Lynn Dougherty-Denny

All-Inclusive List of Electronic Theses and Dissertations

In today’s dynamic organizational environment, worker factors such as job satisfaction, employee engagement, organizational commitment, and psychological contract fulfillment are vital for organizational success. This study examined their perceived relationship with police officers’ intent to leave the law enforcement profession. The problem addressed worked to understand factors influencing retention, including psychological contract breaches and workplace outcomes. The purpose of this quantitative study was to investigate the perceived relationship between job satisfaction, employee engagement, organizational commitment, and intent to leave the law enforcement profession all housed within the psychological contract. Five research questions addressed these variables and demographic factors (gender, years …

Antidiscrimination, Not Anti-Dei: The Real Story Of The Supreme Court's Recent Title Vii Precedent, Madeline H. Meth

Faculty Scholarship

For several years, my colleague and I had been litigating employment discrimination cases with facts that shocked our friends and family. For example, we fought Dallas County over a women-work-the-weekend policy that required women detention officers to work weekends while male colleagues took the weekends off. Likewise, we challenged the City of Cleveland when it moved our client, an emergency medical services supervisor, from the day shift to the night shift explicitly because he is Black. Then, in April 2024, in one of our client’s cases, Muldrow v. City of St. Louis, the U.S. Supreme Court unanimously overruled the …

The Political Transformation Of Corporate America, 2001–2022, Reilly S. Steel

Faculty Scholarship

This article reconciles conflicting views about the political landscape of corporate America with new data on the revealed political preferences of 97,469 corporate directors and executives at 9,005 different U.S. companies. Driven largely by turnover, I find that average observed ideology for directors and executives has shifted meaningfully to the left over time, changing from modestly conservative in 2001 to roughly centrist by 2022. This finding supports a middle-ground position between conventional wisdom casting “big business” as a conservative stronghold and revisionist views holding the opposite. Counterfactual simulations and a difference-in-differences design suggest multifaceted reasons for these changes, and hand-collected …