Law Commons^™

Tackling Oci & 2023 Corporate Recruiting, Cardozo Environmental Law Society

2022–2023 Flyers

No abstract provided.

Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande

Faculty Blogs

This post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves.

A Handmaid’S Tale: Amy Coney Barrett, Originalism, And The Specter Of Religion, Calvin R. Coker, Joel L. Reed

Faculty and Staff Scholarship

In this essay, we analyze the Supreme Court confirmation hearings of Amy Coney Barrett to identify and explain the interaction between religion and jurisprudential philosophy. By tracing rhetorical scholarship on religion, politics, and the Supreme Court, we highlight tension engendered by both the members of the Senate Judiciary Committee and Barrett herself in locating her Catholicism as a desirable attribute for a nominee while at the same time espousing the importance of judicial objectivity. We suggest Barrett and her supporters on the committee invoked the judicial philosophy of originalism to allay this tension while occluding conversations about Barrett’s prior ideological …

Identity Boundaries Construction And Its Effects On Vulnerability In The Case Of A Historically Marginalized People (Hmp) In Rwanda: An Examination Of Their Access To Human Rights., Jean Baptiste Ndikubwimana, Kathleen A. Anangwe, Oriare Oriare Nyarwath, Mwimali Jack, Charles Mulinda Kabwete

Journal of African Conflicts and Peace Studies

This paper contextualises the vulnerability of a Historically Marginalized people (HMP) referred to as the Batwa to explain how their moral inferiority resulting from the constructed microaggressions and attitudinal prejudices, jeopardize their full enjoyment and appreciation of human rights. The dilemmas experienced by the Batwa in Rwanda have until recently received little theoretical and empirical attention thereby disregarding ontological and epistemological distinction. This paper contributes to this lacuna by reviewing colonial discourse of histories and hegemonies and investigating ethnic socio-cultural practices and other mythical tales. The foregoing indicates a genuine need for the application of human rights approach to recognize …

Cardozo Law News Brief: June 16, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Dmytro Vovk
• Deborah Pearlstein
• Kate Shaw
• Edward Zelinsky
• Pamela Foohey
• Michael Herz
• Lindsay Nash
• Michel Rosenfeld
• Stewart Sterk

Seeing Race As We Are: Avoiding, Arguing, Aspiring, Michael A. Cowan

New England Journal of Public Policy

Racial conflict in the United States pushes people to positions of argument or avoidance, more or less intensely and for varying lengths of time, depending on external events like the murder of George Floyd. Neither stance produces the conversations required to seek common ground and compromise around racial issues. Argument alone deepens divisions and avoidance leaves them to metastasize in the social body. In an attempt to go beneath these two positions, this article first explains the role and form of interpretation in all conflict and dispute resolution and how it is shaped. Then it examines the concepts and strategies …

Portland's Lost Chinatown, Artthew H. Ng

University Honors Theses

Portland's Chinatown is one of the oldest North American urban Chinatowns, but is largely unexplored in the literature. It is currently a Chinatown in name only, missing Chinese residential buildings as well as popular Chinese businesses. This article explores the mystery of Portland Chinatown's birth and death, analyzing its history with a sociological lens. It had a similar lifespan to other Chinatowns in the US. However, Portland's Old Chinatown was unique, as unlike an ethnic enclave, it did not have clearly defined boundaries, growing to cover seventy city blocks at its peak. Therefore, when urban renewal started taking place in …

Ukrainian Professor Dmytro Vovk Finds A Safe Haven At Cardozo, Benjamin N. Cardozo School Of Law

Cardozo News 2023

When Dmytro Vovk taught The Rule of Law in Context this spring, Cardozo students heard his firsthand account of how he and his family witnessed the Russian invasion of Ukraine from his home just 30 miles from the Russian border. When the war broke out, he had to quickly decide how to protect his family.

Ulama's Resistance To The Closing Of Worship Places During The Covid-19 Pandemic In Indonesia, Luthfi Hadi Aminuddin, Isnatin Ulfah, Siti Rohmaturrosyidah Ratnawati, Chafid Wahyudi

The Qualitative Report

PPKM Darurat (the implementation of community activity restrictions) is one of the policies implemented by the Indonesian government to control the spread of COVID-19. PPKM Darurat received opposition from ulama (Islamic religious leaders) because all places of worship had to be closed. Our qualitative study explores the forms, factors, and impacts of ulama’s resistance to the closing of worship places during the COVID-19 pandemic. This research data were collected through interviews with participating ulama. This study indicates that ulama’s resistance to the closure of places of worship during the PPKM Darurat period manifested in discourse and action. In …

Conquering Copyright: Why Copyright Needs To Be Modernized Based On Practical Illustrations Of Inconsistent Copyright Precedent, Saipranay Vellala

Akron Law Review

Copyright law establishes an author’s right to secure exclusive rights in their writings. If an author finds an infringing work, the author can file a copyright infringement suit to protect their original writings and stop an infringer from misappropriating their work. In analyzing copyright infringement, however, some legal theories, such as the Inverse Ratio Rule, mischaracterize the crux of the copyright infringement inquiry and complicate the infringement inquiry for judges and juries—adversely affecting authors. Using indie musicians as an exemplary embodiment of modern copyright jurisprudence’s adverse effects, indie musicians who merely have access to a more famous musician’s music may …

Parallel Play: The Simultaneous Professional Responsibility Campaigns Against Unethical Ip Practitioners By The United States And China, Mark A. Cohen

Akron Law Review

“Parallel Play: The Simultaneous Professional Responsibility Campaigns Against IP Practitioners by the United States and China” describes efforts by the United States Patent and Trademark Office and the China National IP Administration to discipline trademark and patent practitioners through contemporaneous campaign-style approach directed to bad faith filings. At the USPTO, many of these bad faith filings have originated from China. In both countries, these bad faith activities have imposed significant burdens on IP agencies, the courts, and legitimate rights holders. The campaign is likely the largest professional responsibility campaign undertaken by an IP agency, and the largest cross-border IP disciplinary …

Under Nifty Light: Trademark Considerations For The New Digital World, Willajeanne F. Mclean

Akron Law Review

Three cases involving non-fungible tokens are grabbing the attention of fashionistas, intellectual property mavens, and metaverse cognoscenti alike. All three are cases of first impression, despite involving trademark infringement claims. All are considered to be cases that will determine whether old trademark principles apply to new technology, and each has compelling and competing arguments that may militate against findings of infringement. While most commentators have focused on the questions surrounding alleged infringement, very few have discussed the challenges of applying remedies, such as injunctions, traditionally used in trademark infringement cases.

This article considers trademark law and examines it in a …

Visualizing Copyright Law: Lessons From Conceptual Artists, Sandra M. Aistars

Akron Law Review

Copyright law does not require an object to be “art” to be protectable, except in one respect: copyright protection does not extend to useful articles. As a result, courts engage in analysis strikingly similar to that of conceptual artists visualizing art. Copyright law has an uneasy relationship with conceptual art because the Copyright Act also requires works to be original and fixed in a tangible medium. Requirements that have led some to conclude that the kind of art where “the idea or concept is the most important aspect of the work” should not be protectable by copyright.

This article examines …

Protecting Public Health Amidst Data Theft, Sludge, And Dark Patterns: Overcoming The Constitutional Barriers To Health Information Regulations, Jon M. Garon

Akron Law Review

Public health has grown to over $4.1 trillion in spending in the past year, yet for millions of people, their health care is ineffective and sometimes harmful. New technologies have improved health access and treatment, but they can expose an individual’s personal health information to theft and misuse. There is little or no regulation for the reuse of data once it has been lawfully collected for general purposes. Any observer can create a detailed personal diary of an individual or a population by building from a mosaic of inferential data—such as lawfully obtained zip code information, non-regulated health care application …

Book Review: A Women’S Place: U.S. Counterterrorism Since 9/11, Tahmina Sobat

Feminist Pedagogy

Cook, J. in her book named "A women’s place: U.S. Counterterrorism since 9/11" identifies shortcomings in the accessibility of gendered security studies and tries to bridge the gap between the academic world and government actions regarding security and its relation to women's position. Accordingly, Cook provides a framework to organize and assess how women can be brought into all security aspects, particularly countering terrorism (p. 2). This review will highlight different aspects of the above-mentioned agencies' work concerning women, and I will mostly reference examples of Afghanistan from the book.

Six Lessons From The Debt Deal. What Did We Learn?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Brief Of Exonerees As Amici Curiae In Support Of Appellant, Derrick Hamilton

Perlmutter Center Briefs

Amici includes a group of wrongfully convicted individuals who spent years ( for most, decades) in prison for crimes they did not commit. They submit this brief in support of Damien Echols' appeal to the Supreme Court of Arkansas out of concern that, left uncorrected, the decision below would undermine the fundamental right to prove one's innocence and as such suffer the consequences left. Additionally, exonerees suffer beyond anyone's imagination and this Court should not ignore the voices of those who have been similarly situated to that of Damien Echols.

Amici understands all too well the importance of such safeguards. …

Should Canada Adopt Managed Access Agreements In Canada For Expensive Drugs?, Melanie Mcphail, Tania M. Bubela

Office of the Provost

Drugs are increasingly authorized based on less mature evidence, leaving payors faced with significant clinical and cost-effectiveness uncertainties. As a result, payors must often choose between reimbursing a drug that may not turn out to be cost-effective (or may even be unsafe) or delaying the reimbursement of a drug that is cost-effective and offers clinical benefit to patients. Novel reimbursement decision models and frameworks, such as managed access agreements (MAAs), may address this decision challenge. Here, we provide a comprehensive overview of the legal limitations, considerations, and implications for adopting MAAs in Canadian jurisdictions. We begin with an overview of …

Not High Value Because, High Value Unless: A New Threshold Question For Speech, Tamara Lemmon

University of Dayton Law Review

No abstract provided.

The Meme Stock Bidding War Viewed From The Lenses Of The American And Canadian Securities Regulators, Boutros Imad

University of Dayton Law Review

No abstract provided.

Arbitration Amendments In Egypt: How Egyptian Arbitration Law Will Impact International Arbitration And Foreign Business In Egypt, Rebecca Brady

Arbitration Law Review (2009 - Present)

No abstract provided.

Party Choice Outweighs Unconscionability In Eleventh Circuit Religious Arbitration: A Comment On Garcia V. Church Of Scientology Flag Serv. Org., Megan Dougherty

Arbitration Law Review (2009 - Present)

No abstract provided.

The Dangers Of Arbitrating Racial Discrimination Claims: A Comment On Bosse V. New York Life, Max Aufderheide

Arbitration Law Review (2009 - Present)

No abstract provided.

Let’S Have A Clean Fight: Trout V. Organizacíon Mundial De Boxeo, Inc., Michael J. Wehrman

Arbitration Law Review (2009 - Present)

No abstract provided.

Leave It To The Courts: Why Child Custody Arbitration Is Improper, Bridgette Woodford

Arbitration Law Review (2009 - Present)

No abstract provided.

Striking The Wrong Note: Is Mandatory Arbitration More Effective Than The Traditional Strike System?, Taylor Washington

Arbitration Law Review (2009 - Present)

No abstract provided.

The Breakdown Of The International Commercial Arbitration System: The Kabab-Ji Case, Shaun Hay

Arbitration Law Review (2009 - Present)

No abstract provided.

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …