Law Commons^™

A Path For Wealth And Cultural Restoration For The Gullah-Geechee Residents Of The Low Country (Reviewing Brenda D. Gibson, The Heirs' Property: Racial Caste Origins & Systemic Effects In The Black Community), Phyllis C. Taite

Other Faculty Publications

No abstract provided.

The Elusive Motive Requirement In Canada’S Terrorism Offences: Defining And Distinguishing Ideology, Religion, And Politics, Michael Nesbitt, Leah West, Amarnath Amarasingam

Osgoode Hall Law Journal

Canada distinguishes “ordinary crime” from terrorism offences primarily by reference to whether an act meets the Criminal Code’s definition of “terrorist activity.” The most confusing and least understood element of terrorist activity is its motive requirement, that being that for a crime to constitute a terrorism offence, the actor must be motivated by politics, religion, or ideology. How do we know when such a motive exists, or even how to define these motivations? How do we differentiate ordinary crime from terrorism if we do not know what ideologies or religions “count” and which do not? Do far-right motivations picked and …

Saldf Presents: Issues In Animal Law, Cardozo Student Animal Legal Defense Fund

2023–2024 Flyers

No abstract provided.

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry

Journal of Maya Heritage

Archaeologists Without Borders of the Maya World (AWBMW) is a Mexican non-profit organization focused on promoting and preserving Mayan history, particularly archaeological sites and tangible culture. To assist its mission, AWBMW wants to be able to solicit donations from U.S. entities to assist in spreading awareness of Maya culture worldwide. Using the U.S. tax code and laws from state of Georgia, this article outlines the legal steps and strategies a foreign non-profit organization must consider when desiring to start a non-profit organization in the United States. Strategies on opening a U.S. branch of an existing foreign non-profit, linking a new …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …

Perlmutter Center For Legal Justice At Cardozo Law Asks Ny Governor Kathy Hochul To Sign Wrongful Convictions Act, Josh Dubin

Perlmutter Center Letters

The Law expands legal recourse for those wrongfully convicted including the right to counsel and the ability to challenge flawed scientific evidence.

The Perlmutter Center for Legal Justice at Cardozo Law has asked New York State Governor Kathy Hochul to sign the Challenging Wrongful Convictions Act.

The law (S.7548) was passed by both houses of the New York State legislature. If signed, it will expand legal recourse for those wrongfully convicted in New York including the right to counsel, the ability to challenge flawed or outdated scientific evidence, gives innocent people who pleaded guilty the right to apply for post …

Common Sense Recommendations For The Application Of Tax Law To Digital Assets, Luís Calderón Gómez, Young Ran (Christine) Kim, Edward A. Zelinsky

Online Publications

In response to the Joint Committee on Taxation’s July 2023 request for comments on application of various Internal Revenue Code sections on digital assets, we propose a consistent set of rules to apply current law to digital assets. We highlight that the underlying economics and characteristics of transactions should be the primary concern for the application of rules and the valuation of digital assets. We believe any digital asset rules should (1) treat classes of digital assets with unique characteristics differently based on their economics, (2) minimize incentives for users to engage in tax-motivated structuring of transactions, and (3) allow …

1l Outlining Community Session: Fall 2023, Cardozo Office Of Academic Success

2023–2024 Flyers

No abstract provided.

From Maritime Pushbacks To Naval Blockade: How Europe Is Drowning In Legal Pitfalls, Martine Bjørnstad

Cardozo International & Comparative Law Review (CICLR) Blog

As if haunted by the past, the headlines are once again filled with cautionary tales of Europe’s unsecure borders and looming migration crisis. The arrival of 11,000 migrants on the Italian island of Lampedusa in early September, amidst deadlocked negotiations over the European Union’s New Pact on Migration and Asylum, has again sparked debate in Europe about how to tackle illegal immigration from North Africa. The proposed solution that has perhaps drawn the most attention is that of a naval blockade.

This post was originally published on the Cardozo International & Comparative Law Review on October 25, 2023. The original …

Jlsa X Rela X Chabad Present: Shuam Mermelstein Real Estate Associate At Davis Polk, Cardozo Jewish Law Student Association (Jlsa), Cardozo Real Estate Law Association, Chabad At Cardozo, Jewish Graduate Student Initiative

2023–2024 Flyers

No abstract provided.

The Contractual Liability Arising From The Violation Of Negotiations Through Modern Means Of Communication In The Jordanian Legislation, Yassin Al Qudah, Juhainah Al Momani

Middle East Journal of Communication Studies

This study aims to show the effects of contractual liability for breach of negotiation via electronic means of communication in Jordanian legislation. Where it became clear that preliminary electronic negotiations are a previous basic stage in the electronic contracting process, in terms of organizing the conduct of negotiations by putting forward ideas and offers between the negotiating parties, and discussing among them to reach mutual agreement until the negotiated contract is concluded. As a result, at this stage, a set of obligations is created by each of the parties, otherwise civil liability may arise on the breaching party. This study …

The Effectiveness Of Field Training In Qualifying Students Of Media Faculties For The Labor Market: Yarmouk And Middle East Universities As A Model, Saddam Al-Masshaqbah, Ramez Abuhasirah

Middle East Journal of Communication Studies

The study aimed to identify the effectiveness of the field training course in raising the capabilities of students of media faculties in public and private Jordanian universities and qualifying them for the labor market. The results showed that the degree of students' commitment to attendance during the field training period in media institutions came to a "huge" degree, at a rate of (39.8%), while the degree of their benefit from field training came to a "medium" degree, at a rate of (29.2%). In: "Journalism Editing," Preparation of Radio and Television Programs," and "The Art of Speaking and Presentation." training" with …

Palestinian Journalists' Trends Towards Freelance Platforms As An Alternative Of Traditional Work In Journalistic Work And The Gratifications Achieved "A Field Study", Amin Wafi

Middle East Journal of Communication Studies

This study aims to identify the trends of media students towards the use of digital freelancer platforms in media work as an alternative to traditional journalism by knowing the degree of interest of students in digital freelancer platforms. The degree to which they are exposed، the reasons for exposure، the most important subjects to which they are exposed، the most important platforms they pursue، the most important skill needs، motivations، and stimuli that drive them to deal with freelancer platforms as an alternative to traditional journalism. It is a descriptive study and applied the survey curriculum in the framework of …

From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg

Testimony Before Congress

Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.

The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …

What Is Antitrust?, Cardozo Antitrust Society

2023–2024 Flyers

No abstract provided.

Creditors Strike Back: The Return Of The Cooperation Agreement, Samir D. Parikh

Duke Law Journal Online

In the low interest rate environment that followed the Great Recession, a fanatical demand for high-yield investments provided private equity firms an opportunity. Newfound borrower leverage facilitated credit documents with few creditor safeguards and various loopholes. Borrowers subject to these “sponsor-favorable” terms now had options in times of financial distress. More specifically, they had the option to strike first.

Utilization of coercive exchanges began in earnest around 2015 and has since flourished. Unmonitored portfolio companies experiencing financial distress now regularly rely on questionable interpretations of ambiguous contractual provisions to surreptitiously move assets away from creditors’ collateral baskets and subordinate lenders. …

Lunch Talk | Matthew Sadofsky '96: Capital Markets: Down And Dirty With Ipo Due Diligence, Ronald H. Filler Institute For Financial Services Law

Ronald H. Filler Institute for Financial Services Law

October 24, 2023

A Revised Perspective On Non-Debtor Releases, Joshua M. Silverstein

Law Faculty Scholarship

“Non-debtor releases” are bankruptcy orders that extinguish claims against a party other than a bankrupt debtor over the objection of the creditor. Also known as “third-party releases,” the legality of these orders is one of the most important and controversial issues in bankruptcy law specifically and business law generally. The split in the courts over the propriety of non-debtor releases stretches back thirty-five years. However, the United States Supreme Court is poised to resolve the split this term in the Purdue Pharma bankruptcy. In two prior articles published in 2006 and 2009, I argued that third-party releases are permissible under …

Minimal Impairment: An Unreasonable Measure Of The Justifiable Limits Of Rights, Marcus Moore

All Faculty Publications

Under both the Oakes and Doré frameworks of proportionality analysis in Canada, critical in assessing the justifiability of rights limitations under section 1 of the Charter has been the “Minimal Impairment” question. Conceptually, Minimal Impairment asks whether a right has been impaired as little as possible in pursuit of the statutory objective. Applied strictly it is a virtually-impossible standard of justification. Thus, sometimes more relaxed standards are applied in practice. This double standard has caused inconsistency in which standard is applied from case- to-case (or even opinion-to-opinion in the same case). New emphasis within the tests on the Proportionality of …

Rodriquez, Plaintiffs/Appellees V. Knighton Properties, Llc, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE FIRST DISTRICT COURT, LOGAN DEPARTMENT THE HONORABLE ANGELA F. FONNESBECK, PRESIDING

James C. Jenkins OLSON & HOGGAN, LLC Attorney for Appellant

Chris Daines Jonathan P. Thomas DAINES, THOMAS & SMITH, LLP Attorneys for Appellees

The Economics Of Medical Patents And The U.S. Government’S Role In Drug Price Negotiations, Eddie Halwani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The U.S. government’s recent but unusual push to negotiate drug prices has struck a chord with many Americans, with polls showing a significant, bipartisan majority favoring the action.This action presents an opportunity to appreciate medical patents’ role in spurring innovation forward. Amid changing policies, medical patents shape the accessibility and affordability of care through their impact on drug pricing. Drug prices in the United States are notably high—about 2.4 times those in other developed countries.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via …

Signs Of Life: The Current State Of Generative Content And Copyright Protection, Ryan Bickett

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

With the recent rise in Artificial Intelligence (“AI”) and its broadening use by the public, questions have arisen regarding the applicability of copyright law over both the content it sources and creates. While the answers remain unclear as this technology rapidly updates, there have been recent legal developments which will shape how we deal with this content.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on October 24, 2023. The original post can be accessed via the Archived Link button above.

Benjamin N. Cardozo Papers, Dr. Lillian & Dr. Rebecca Chutick Law Library

Finding Aids

This finding aid describes the Benjamin N. Cardozo papers, which include handwritten notes, manuscripts, speeches, essays, and correspondence created by or related to Benjamin N. Cardozo. Materials document his legal thought, professional activities, and correspondence, particularly with his secretary Joseph M. Paley. The collection also includes notes on legal concepts and petitions before the United States Supreme Court.

Repository: Dr. Lillian & Dr. Rebecca Chutick Law Library, Benjamin N. Cardozo School of Law, Yeshiva University

Extent: 3 linear feet (6 boxes)

Arrangement: The collection is arranged in three series: Writings, Speeches, and Notes; Correspondence; and Other Papers. …

Week Of October 23, 2023 - October 27, 2023, Benjamin N. Cardozo School Of Law

Today at Cardozo 2023

No abstract provided.

Mmu: 10/23/23–10/29/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Vol. 65, No. 09 (October 23, 2023)

Indiana Law Annotated

No abstract provided.

International Tax Law: Status Quo, Trends And Perspectives, Reuven S. Avi-Yonah

Book Chapters

This chapter addresses the status quo, trends, and perspectives in international tax law. The international tax regime (ITR) is based on two principles: the benefits principle and the single-tax principle (STP). The benefits principle gives the primary right to tax passive (investment) income to residence jurisdictions, and the primary right to tax active (business) income to source jurisdictions. Meanwhile, the STP states that all cross-border income should be subject to the rate of tax determined by the benefits principle. The chapter then argues that developments in the past decade have significantly bolstered the ITR, so that it does a much …

Developing A Human Right To Research In International Law, Sanya Samtani

Joint PIJIP/TLS Research Paper Series

The covid-19 pandemic has highlighted issues concerning equitable access to and participation in research. But research has always been indispensable to human development. To what extent does international law guarantee access to research as well as the practice of researching? Drawing on the social anthropology definition of research as the pursuit of that which is not yet known, this paper locates a novel human right to research within the core international human rights covenants. The paper sets out the scope and content of the right and the nature and content of State obligations flowing from it. It concludes by outlining …

Crj Moot: Linton V. Zorn, Center For Rights And Justice, Benjamin N. Cardozo School Of Law

2023 Event Invitations

Julia P. Kuan (Partner, Emery Celli Brinckerhoff Abady Ward & Maazel LLP) and Professors Alex Reinert and Betsy Ginsberg will serve as mock judges for Keegan Stephan (Associate, Beldock Levine & Hoffman LLP; Cardozo School of Law, Class of 2019), an attorney who will be arguing an appeal on behalf of the plaintiff in Linton v. Zorn, which is currently pending in the United States Court of Appeals for the Second Circuit (Case No. 22-2954).