Law Commons^™

Outdated, Archaic, And Stereotypical: Current Medicaid Income And Asset Limits Discriminate Against Working Individuals With Disabilities, Megan Parker

DePaul Journal for Social Justice

No abstract provided.

Letter To The Readers, Brita Jelen, Kaylee De Tender

DePaul Journal for Social Justice

No abstract provided.

Table Of Contents, Brita Jelen

DePaul Journal for Social Justice

No abstract provided.

Statement Of The District Task Force On Jails & Justice Before The Committee On Facilities & Family Services Performance Oversight Hearing For The Department Of General Services February 28, 2023, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett

Court Briefs

No. 22-174
Gerald E. Groff v. Louis DeJoy

On Writ of Certiorari to the U.S. Court of Appeals for the Third Circuit

From the Summary of Argument

This case demonstrates an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.

Cardozo Aelj Releases Special Issue Of Volume 41, Managing Editor

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The Cardozo Arts & Entertainment Law Journal is thrilled to announce the publication of a Special Issue of Volume 41 highlighting last April’s symposium: “The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics.” This issue includes both transcripts of the symposium, in addition to several Articles addressing related issues.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 28, 2023. The original post can be accessed via the Archived Link button above.

Diversity In Music, Cardozo Entertainment Law Society, Cardozo Black Law Students Association, Cardozo Fame Center, Cardozo Office Of Career Services

2022–2023 Flyers

A panel discussion during Black History Month and the Office of Career Services' Entertainment Law Week, Diversity in Music will feature an esteemed group of music industry professionals. The discussion will focus on the structure of the legal field within the industry and diversity in practice. The panel will explore the various legal roles within the industry, highlighting the differences between transactional law and litigation, as well as in-house vs. law firm experiences. Additionally, we will discuss issues and developments pertaining to equity and inclusion within legal departments/law firms and the industry as a whole, with a focus on topics …

Should We Get Rid Of The Bar Exam?, John Lande

Faculty Blogs

This post discusses an article analyzing empirical data about licensing of lawyers in Wisconsin. Graduates of Wisconsin schools have a diploma privilege and are licensed in that state without taking a bar exam. The article argues that bar exams generally don’t fulfill their purpose of protecting the public. They consume tremendous resources of the legal profession, law schools, and law student and divert attention from activities that are likely to be more effective and valuable.

Turkmenistan's Ban On Beauty Services, Samantha Lauring

Cardozo International & Comparative Law Review (CICLR) Blog

In an act that further restricts the rights of women in Turkmenistan, the Turkmen government has imposed a ban on beauty services and limitations on what women can wear. The ban prohibits women from receiving beauty services from salons, including eyelash and nail extensions, tattoos, injections, and hair bleaching. “Sexy” outfits, tight-fitting clothes, and Western-inspired garments are also prohibited under this new mandate.

This post was originally published on the Cardozo International & Comparative Law Review on February 27, 2023. The original post can be accessed via the Archived Link button above.

Combating "Revenge Porn" Legal Remedies Against Unlawful Dissemination, Courtroom Advocates Project

2022–2023 Flyers

No abstract provided.

Beat It: A Proposal To End Bans On Masturbation While Incarcerated, Madison Dougherty

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

There are many rights people forfeit when they are incarcerated; among these is the right to sexual expression. Incarcerated people are punished inconsistently, severely, and arbitrarily for touching themselves. In 2006, Terry Lee Alexander was masturbating alone in a bunk in Broward County, Florida when a female deputy monitoring his cell from a control room over one hundred feet away wrote him up. Alexander was convicted of exposure and sentenced to sixty days in jail. In 2000, a female guard saw Freddie Williams, a then-incarcerated person in a South Carolina prison, turned sideways in his shower towards the wall, stroking …

Gender Violence As A Penalty Of Poverty, Deborah M. Weissman

University of Miami Inter-American Law Review

The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …

Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic

University of Miami Inter-American Law Review

This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.

Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson

University of Miami Inter-American Law Review

The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …

Chevron: Fueling The Right Against Title 42 And The Denial Of U.S. Asylum Rights, Nicholas Pierre-Paul

University of Miami Inter-American Law Review

This Note was inspired by the questionable treatment of Haitian asylum seekers in Del Rio, Texas, where horseback U.S. officials charged at them using reins as whips, before immediately deporting them back to Haiti. The U.S. government justified its actions by claiming that Title 42 permits U.S. officials to prohibit the entry of individuals when there is a danger of introducing certain diseases, such as COVID-19. However, Title 42 conflicts with the United States’ codified commitment to the principle of non-refoulment, prohibiting it from returning certain refugees to a country where their life or freedom would be threatened. Accordingly, the …

Mmu: 02/27/23–03/05/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Emily McLane

Ask a 3L: Clayton Goldman

Sport Report by Stephen Nugent

Jackie's Corner

Gender Mainstreaming At The European Court Of Human Rights: The Need For A Coherent Strategy In Approaching Cases Of Violence Against Women And Domestic Violence, Joanna Evans

University of Miami Inter-American Law Review

Any assessment of the jurisprudence of the European Court of Human Right’s (ECtHR) in the field of violence against women and domestic violence must start with an acknowledgement of the ECtHR’s landmark judgments in this area and the positive practical impact those judgments have had upon the protection of women.

However, much progress is still to be made. This article analyses three ECtHR cases from Russia and Georgia, and in so doing, highlights the need for greater transparency, proactivity, and coherency on the part of the Court. It considers in turn: a) the seemingly discriminatory impact of the ECtHR’s approach …

Vol. 64, No. 07 (February 27, 2023)

Indiana Law Annotated

No abstract provided.

Benin Bronzes: Restitution And Reparation, Cardozo Fame Center, Cardozo Art Law Society, Cardozo Black Law Students Association

2023 Event Invitations

Cardozo's FAME Center, Art Law Society and Black Law Students Association will present a virtual panel: Benin Bronzes: Restitution and Reparation. The panelists will address the positions of Nigeria, US Museums, European Museums and US DNA Descendants regarding their respective interests in the Benin Bronzes.

Moderator:

• David Rudenstine, Prof. Rudenstine is the Sheldon H. Solar Professor of Law and Dean Emeritus of Cardozo Law School. He is also an author on the historical British Parliamentary reports justifying retention of the Elgin Marbles.

Panelists:

• Deadria Farmer-Paellmann, J.D., M.A. Executive Director, Restitution Study Group. RSG advocates for the interest of the African-American …

Sanchez V. Mayorkas: Is This The End Of Green Cards For Temporary Protected Status Holders?, Thalia G. Rivet

University of Miami Inter-American Law Review

This Note was inspired by the U.S. Supreme Court’s decision in Sanchez v. Mayorkas. This decision put an end to the decade-long circuit split over whether a Temporary Protected Status (“TPS”) recipient, who entered the United States unlawfully, could still become a Lawful Permanent Resident (“LPR”). Since its inception, TPS holders have been denied an avenue to adjust their status despite their socioeconomic impact on the United States and every TPS-designated country. This Note will break down and analyze the decision in Sanchez v. Mayorkas through (1) the examination of the circuit split cases, (2) the analysis of TPS holder’s …

Ndls Communicator: Week Of 02.27.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Initiative supports criminal complaint against Chinese government for Uyghur genocide
• The Supreme Court will hear arguments in President Joe Biden’s student loan forgiveness plan case tomorrow. An amicus brief filed by Sam Bray, along with William Baude of the University of Chicago, about the case was mentioned in several media outlets.
• Mary Ellen O'Connell was quoted by Our Sunday Visitor in "Putin’s Suspension Of Key US-Russia Nuclear Arms Treaty Increases Global Risk, Say Experts.”
• Nicole Garnett wrote, "Losing a Lifeline" for the City Journal about the closure of more than a dozen New York City …

Cardozo Hosts “Making A Career Working For Lgbtq+ Rights: An Alumni Panel”, Benjamin N. Cardozo School Of Law

Cardozo News 2023

Five Cardozo alumni shared their stories about fighting for the civil rights of members of the LGBTQ+ community, in a powerful 90-minute talk moderated by Dean Melanie Leslie ’92 and sponsored by OUTLaw on February 23. The event was held in the Jacob Burns Moot Court Room with 95 students and faculty in attendance.

Benin Bronzes: Restitution And Reparation, Benjamin N. Cardozo School Of Law, Cardozo Fame Center, Cardozo Art Law Society, Cardozo Black Law Students Association

2022–2023 Flyers

No abstract provided.

Heyman Center Presents: Regulating The Metaverse, Heyman Center On Corporate Governance, Andrea Guaccero

2022–2023 Flyers

No abstract provided.

The Brandeis Center Presents: Religious Accommodation In The Workplace, The Louis Brandeis Center For Human Rights Under Law

2022–2023 Flyers

No abstract provided.

Ai And Empathy, John Lande

Faculty Blogs

This post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them.

Festschrift Symposium: Honoring Professor Sam Pillsbury, Michael Waterstone, Guyora Binder, Mary Graw Leary, Deborah W. Denno, Stephen J. Morse, Scott Wood, John T. Nockleby, Gary C. Williams, Samantha Buckingham, Samuel Pillsbury, Kevin Lapp

Journal Articles

The Loyola of Los Angeles Law Review is pleased to publish this Festschrift Symposium Honoring Professor Samuel Pillsbury. The following is an edited transcript of the live symposium held at LMU Loyola Law School on Friday, March 25, 2022.

An Integrated Approach To Citation Literacy, Jaclyn Celebrezze

Presentations

This presentation explored how integrating citation literacy instruction into the fundamentals could lead to more durable learning for students and identify five quick methods to make it happen.

Cardozo Law News Brief: February 24, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Jessica Roth
• Pamela Foohey
• Young Ran (Christine) Kim
• Michel Rosenfeld
• Andrea Kupfer Schneider
• Anthony Sebok

Campus News:

• Judge Joseph A. Greenaway to be the Keynote Speaker at  Cardozo's 45th Commencement

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Benin Bronzes: Restitution and Reparation
• The Public Service Scholars Program Presents: The Case Against Compelling Arbitration
• Arts & Entertainment Law Journal Spring Symposium
• Gloria Steinem To Receive 22nd International Advocate for Peace Award

Journal Staff

Duke Law Journal

No abstract provided.