Law Commons^™

Earth’S First Line Of Defense: Establishing Celestial Body-Based Planetary Defense Systems, Yang Liu

International Law Studies

This article discusses legal issues related to the establishment and use of celestial body-based planetary defense systems (CBPDS). It first finds that the application of current international space law to analyze the lawfulness of CBPDS can lead to many ambiguities. Accordingly, this article proposes a new construction of Article IV of the Outer Space Treaty to balance the need to develop celestial body-based planetary defense capacities and the risk of militarization of outer space. According to this article’s approach, neither the “exclusively for peaceful purposes” clause nor the clause prohibiting “military bases, installations and fortifications” on the moon and other …

Historical Kinship And Categorical Mischief: The Use And Misuse Of Doctrinal Borrowing In Intellectual Property Law, Mark Bartholomew, John Tehranian

Journal Articles

Analogies are ubiquitous in legal reasoning, and, in copyright jurisprudence, courts frequently turn to patent law for guidance. From introducing doctrines meant to regulate online intermediaries to evaluating the constitutionality of resurrecting copyrights to works from the public domain, judges turn to patent law analogies to lend ballast to their decisions. At other times, however, patent analogies with copyright law are quickly discarded and differences between the two regimes highlighted. Why? In examining the transplantation of doctrinal frameworks from one intellectual property field to another, this Article assesses the circumstances in which courts engage in doctrinal borrowing, discerns their rationale …

The Crime Of Depositing Or Transferring Funds With The Intention Of Using Or Personally Using Narcotic Drugs And Psychotropic Substances In Uae Law, Maryam M. Habib

Thesis/ Dissertation Defenses

Criminal elements seek to take advantage of the benefits of using the Internet and communication programs, especially with its confidential nature and the difficulty of tracking its users, which allows its users to achieve direct criminal activities without being caught or being held legally accountable. The misuse of technology has posed a threat to our societies and has been accompanied by the emergence of many negatives and positivity; in addition to a lot of legal problems, not to mention the development of criminal activities. The federal legislator has been aware of the danger of drugs and the development of means …

It Is A Constitution We Are Expounding: John Marshall, Spencer Roane, And The Fundamental Conflicts Surrounding Mcculloch V. Maryland (1819), Catherine T. Meisenheimer

Compass: An Undergraduate Journal of American Political Ideas

Using a blend of primary and secondary sources, this research paper examines the lesser-known newspaper debate between Chief Justice John Marshall and Judge Spencer Roane of the Virginia Court of Appeals. The purpose of this research is to answer one question: What were the fundamental issues that divided early Americans as demonstrated by the landmark case of McCulloch v. Maryland (1819)? To contribute to the ongoing discussion of McCulloch and its significance, my paper attempts to understand the issues surrounding McCulloch within its broader, historical context. Instead of confining its importance to the Second Bank of the United States, I …

A Comparative Analysis Of Criminal Justice Systems In The United States And Scandinavia, Tyler Truelock

Ohio Northern University International Law Journal

No abstract provided.

Amicus Curiae Brief Of The International Council Of Thirteen Indigenous Grandmothers And Carol Logan In Support Of Appellants, Stephanie Hall Barclay, John A. Meiser

Court Briefs

No. 23-50746
Perez v. City of San Antonio

Appeal from the United States District Court for the Western District of Texas Honorable Fred Biery (5:23-cv-00977-FB)

From the Summary of the Argument

For centuries, generations of the Lipan-Apache people have gathered for prayer, mediation, and worship along a bend in the Yanaguana—known as the San Antonio River in English—which mirrors the constellation Eridanus in the skies above. It is a place where the lower, middle, and upper worlds come together; a place that reflects the Yanaguana creation story, which teaches that life began in the area when droplets of water fell …

‘Tis The Season For Finals & Study Aids, Olivia Smith Schlinck

Library Staff Online Writings

We’re in November, and finals are just around the corner. That means busier libraries, stressed students, and, for many, study aids. Can your students get these materials through your institution, or must they look elsewhere?

Auc Community Only Lecture: Gender-Based Violence (Gbv), Women & The Law In Egypt, The Prince Alwaleed Center For American Studies And Research Casar

Performances, Events, and Presentations

This special guest lecture was part of the course “Exploring Feminist Perspectives in Egypt and the US” taught by CASAR Adjunct Faculty Yasmeen El-Ghazaly. The lecture was given in Arabic by Counselor Mohamed Samir, who is a senior member of the judicial authority in Egypt, responsible for the accountability of civil servants’ crimes and misconduct. He is also a lecturer in Political Science and Gender Based Violence Crimes. Samir has over 25 years of experience in his career, and was invited to discuss “challenges and legal obstacles women face when discussing gender based violence in Egypt.” In his insightful lecture, …

Unopposed Motion Of The International Council Of Thirteen Indigenous Grandmothers And Carol Logan To File Amicus Curiae Brief In Support Of Appellants, Stephanie Hall Barclay, John A. Meiser

Court Briefs

No. 23-50746
Perez v. City of San Antonio

Appeal from the United States District Court for the Western District of Texas Honorable Fred Biery (5:23-cv-00977-FB)

From the Unopposed Motion for Leave to File Amicus Curiae Brief

Pursuant to Federal Rule of Appellate Procedure 29(a)(3) and Fifth Circuit Rule 27.4, the International Council of Thirteen Indigenous Grandmothers and Carol Logan respectfully move for leave to file a brief as amici curiae in support of Plaintiffs-Appellants Gary Perez and Matilde Torres. A copy of the proposed brief is attached to this motion.¹

Long-Term Immigration And The Path To Citizenship, Ángela Sánchez-Gago

Immigration Law Blog

This article narrates the personal experience of the author with the American immigration system and provides an insight into the emotional scope of the naturalization process.

Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather

Online Publications

The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.

Copyright, Data Mining And Developing Models For South African Natural Language Processing, Chijioke Okorie

Joint PIJIP/TLS Research Paper Series

This paper sets out the issues of copyright ownership and risk of copyright infringement liability raised by data science research use of data held by public bodies (in particular, public service broadcasters) in South Africa. Considering both the fair dealing exception in South Africa’s Copyright Act of 1978 and the proposed fair use provision in its Copyright Amendment Bill B13F-2017, the paper discusses these issues elaborating on the reasons why data science researchers in public research institutions should not require a copyright licence or be considered to be infringing copyright when they use copyright-protected materials held by public bodies for …

Review Sessions, Asian Pacific American Law Student Association (Apalsa), Cardozo Office Of Student Services & Advising

2023–2024 Flyers

No abstract provided.

Who Cares Whether A Monopoly Is Efficient? The Sherman Act Is Supposed To Ban Them All, Robert H. Lande

All Faculty Scholarship

Section 2 of the Sherman Act was designed to impose sanctions on all firms that monopolize or attempt to monopolize regardless whether the firm engaged in anticompetitive conductor, and regardless whether the firm is efficient. This conclusion emerges from a textualist analysis of the language of Section 2. This article briefly analyzes contemporaneous dictionaries, legal treatises, and cases, and demonstrates that when the Sherman Act was passed the word “monopolize” simply meant that someone had acquired a monopoly. The term was not limited to monopolies acquired through anticompetitive conduct or monopolies that were inefficient. An attempt to monopolize also had …

American Constitution Society Presents: Voting Rights Going Into 2024, Cardozo American Constitution Society (Acs), Katherine A. Shaw

2023–2024 Flyers

No abstract provided.

1l Public Service Summer Job Panel, Cardozo Public Service Scholars Program

2023–2024 Flyers

No abstract provided.

A Major Development To End Impunity For Mass Atrocities: The Ljubljana – The Hague Convention On International Cooperation In The Investigation And Prosecution Of The Crime Of Genocide, Crimes Against Humanity, War Crimes And Other International Crimes, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

2023–2024 Flyers

No abstract provided.

Taking A Law School Exam, Cardozo Minority Law Student Alliance (Mlsa)

2023–2024 Flyers

No abstract provided.

The Legal Future Of Telemedicine Technology, Eiman Mohammed Alkalbani

Thesis/ Dissertation Defenses

Over the past few years, the field of information and communication technologies (ICT) has experienced remarkable advancements that have brought about significant revolutions in various aspects of public life. One notable area that has been greatly influenced by these advancements is telemedicine. Telemedicine has had a profound impact on interpersonal relationships and the supply of medical services in both developed areas and remote.
What sets telemedicine apart from traditional hospital healthcare is its ability to bridge the gap between doctors and patients without the need for physical proximity. However, the implementation of telemedicine in different countries requires the establishment of …

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Pre-Finals Goody Bags, Cardozo Dispute Resolution Society, Cardozo Family Law Society

2023–2024 Flyers

No abstract provided.

From The Frontlines: A Student Panel On The Israel-Hamas Conflict, The Louis Brandeis Center For Human Rights Under Law

2023–2024 Flyers

No abstract provided.

Out Of The Shadows: The Need For Increased Scrutiny Of Shadow Banking In China, Benson M. Clements

Cardozo International & Comparative Law Review (CICLR) Blog

Zhongrong International Trust Co., a Chinese investment trust with significant real estate exposure, has missed payments on dozens of corporate trust products since late July. Retail investors are left with frustration and panic as they fear they may have lost their life savings. Regulators are concerned they may have to further tame an already faltering economy. It may be time to question the free reign with which shadow banks have enjoyed for decades.

This post was originally published on the Cardozo International & Comparative Law Review on November 14, 2023. The original post can be accessed via the Archived Link …

The Sports Betting Advertising Boom: Possible Regulations To Avoid The Bust, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Whether you watch sports or not, you’ve likely experienced a bombardment of sports gambling advertisements. Since the federal ban on sports betting was lifted, there has been a marketing blitz by the gambling industry in an attempt to capture new consumers in their emerging and rapidly growing industry. It has been estimated that the total ad spend for sports wagering in the United States will reach $2 billion in 2023, which is an 8% increase from the previous year.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The original post …

Torts In Sports: Exploring The Boundaries Of Assumption Of Risk, Ben Gross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the thrilling world of sports, we are accustomed to witnessing athletes push their bodies to the limits, seeking glory on the field, court, or rink. Alongside these incredible feats, however, come the inevitable injuries. Whether it’s a bone-jarring tackle, a slide into home base, or a body check in ice hockey, the risk of injury is part and parcel of competitive sports. Injuries can manifest in numerous forms and under diverse circumstances, spanning from physical environmental factors to those stemming from the actions of fellow participants. Yet, when is an injury just an unfortunate consequence of the game, and …

Djs, Ip, And Nfts, Oh My!: A Closer Look At The Changing Music Industry Landscape Of Today, Sara Casey

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In generating over eleven million dollars and a lawsuit, the legal implications of American DJ, 3LAU’s, record-setting Non-Fungible Token (NFT) auction in 2021 have yet to be fully understood by the music industry. DJ 3LAU, or Justin Blau, is one of many artists convinced that NFTs are the catalyst to transforming the status quo of the industry’s business model. For Grammy-nominated DJ Steve Aoki, NFTs offer new expansive connections as Aoki communicates, and even collaborates with, fans through NFTs’ digital realms.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 14, 2023. The …

Ballsa Alumni And Student Networking Social, Black, Asian & Latino Law Students Association (Ballsa), Latin American Law Students Association (Lalsa), Asian Pacific American Law Student Association (Apalsa), Muslim Student Association (Msa), Southeast Asian Law Student Association (Salsa)

2023–2024 Flyers

No abstract provided.

Episode 4: Title Ix, Sara Gras

Season 01

This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, …

Diversity Career Initiatives For 1l Summer, Cardozo Office Of Career Services, Cardozo Office Of Student Services & Advising, Cardozo Black Law Students Association

2023–2024 Flyers

No abstract provided.

Week Of November 13, 2023 - November 17, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.