Law Commons^™

Drones Across The World: Laws And Policies, Sarah Nilsson

OER Main

Navigating the world’s drone and advanced air mobility laws is a daunting but critical task if you are in the aviation industry. Hence the need to formalize the relevant material and create this eTextbook (webbook). While still copyrighted content, it is freely distributed worldwide under a Creative Commons, non-commercial, and non-derivative license. This webbook is structured the way the United Nations views the globe, in 6 main areas, Northern America, Latin America and the Caribbean, Oceania, Europe, Asia, and Africa. It is easily searchable by country if used as a reference guide. This webbook has an interactive design with hyperlinks, …

Generative Artificial Intelligence And Copyright Law, Christopher T. Zirpoli

Copyright, Fair Use, Scholarly Communication, etc.

Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. So-called “generative AI” computer programs—such as Open AI’s DALL-E 2 and ChatGPT programs, Stability AI’s Stable Diffusion program, and Midjourney’s self-titled program—are able to generate new images, texts, and other content (or “outputs”) in response to a user’s textual prompts (or “inputs”). These generative AI programs are “trained” to generate such works partly by exposing them to large quantities of existing works such as writings, photos, paintings, and other …

Symposium: The Future Of Reproductive Rights: An Embryo Is Not A Person: Rejecting Prenatal Personhood For A More Complex View Of Prenatal Life, Cynthia Soohoo

ConLawNOW

This essay considers current claims for prenatal personhood after the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. It first explains how the Dobbs decision unnecessarily adopts a binary view of prenatal life, suggesting that the only option for courts and legislatures is to recognize prenatal personhood or deny protection for prenatal life. This ignores popular understandings that certain laws can and should protect prenatal life, especially where criminal or tortious actions are concerned, but not grant full legal personhood. The Dobbs decision also refused to draw meaningful lines about the value of prenatal life in …

Jack Daniel's Properties, Inc. V. Vip Products Llc: Brief Of Amici Curiae 30 Trademark Law Professors In Support Of Respondent, Aaron Perzanowski

Appellate Briefs

Amici are 30 law professors who teach and write extensively about trademark law and other intellectual property law subjects. Amici have no personal interest in this case. Amici’s sole interest is in the orderly development of trademark law in a way that serves the public interest, in part by ensuring the proper balance between legitimate trademark interests and strong First Amendment speech interests.<\p>

Trademark law has expanded dramatically in recent decades, opening the door to claims against parties that are primarily selling speech. Those claims would have been inconceivable when the Lanham Act was passed.<\p>

Early courts facing these expanded …

Making A Career Working For Lgbtq+ Rights: An Alumni Panel, Cardozo Dean's Office, Cardozo Outlaw

2023 Event Invitations

Dean Melanie Leslie ’91 will moderate a panel of distinguished alumni who will speak about their experiences working to advance LGBTQ+ rights in the legal world. They will discuss cases and projects they have worked on, how recent high-profile legislation targeting the LGBTQ+ community has impacted their work and provide advice for law students who want to enter the field.

Panelists:

• Taylor Brown ’17 is a Staff Attorney in the ACLU’s LGBTQ & HIV Project.
• Jason Starr ’10 has over 15 years of experience as an attorney, educator and strategist in the fight for human rights.
• Debra Guston ’88 is …

Kaplan: Bar Course Demo & Info Session, Benjamin N. Cardozo School Of Law, Kaplan University

2022–2023 Flyers

No abstract provided.

After 'Subsistence Work': Labour Commodification And Social Justice In The Household Workplace, Liam Mchugh-Russell

Articles, Book Chapters, & Popular Press

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that …

The Illinois Second Chance Expungement/Sealing Gap, Colleen Chien

Faculty Publications

No abstract provided.

Mediation Response Unit Shows Potential As An Alternative 911 Response, Olivia Kalsner Kershen

Cardozo Journal of Conflict Resolution (CJCR) Blog

In May 2022, the City of Dayton, Ohio formally launched a new pilot program that sends trained mediators to respond to low emergency 911 calls to de-escalate non-violent conflicts and mediate disputes among community members. This new initiative, called the Mediation Response Unit (MRU), is the first of its kind in the nation as it sends mediation teams to respond to calls without a co-response by police. The idea for the MRU came about through discussions among a Community Engagement Working Group that was formed in 2020 to implement police reforms in the City. The MRU states that its goals …

Blsa Presents Black Renaissance, Cardozo Black Law Students Association

2022–2023 Flyers

No abstract provided.

Legal Geographies, Caroline Griffith, Sarah Klosterkamp, Alida Cantor, Austin Kocher

Geography Faculty Publications and Presentations

This encyclopedia entry defines and discusses legal geography. Legal geography is an interdisciplinary area of scholarship that focuses on the intersections and co-constitution between law and space and place: that is, how law and legal processes produce space/place, and how particular places in turn influence law. Rather than thinking of law as an abstract, universal, a-spatial set of rules, legal geography examines the ways in which law is situated in place, and how places are shaped by legal practices and processes.

Join Us For Big Law Series Part I: Gibson Dunn, Cardozo Real Estate Law Association

2022–2023 Flyers

No abstract provided.

Legal Strategies To Minimize Subway Air Pollution In The United States, Maia Foster

Duke Law Journal

Air pollution in U.S. subway systems poses a major threat to public health. People in subway stations breathe in dangerously high levels of dusts, called particulate matter. Current legislation does not effectively address this problem; in fact, the United States does not have a comprehensive indoor air quality law at all. Left unregulated, people regularly exposed to subway air pollution could suffer respiratory and cardiovascular issues and even premature death.

To mitigate these health effects, some countries have imposed PM standards in subway systems and underground spaces. Others have standards covering all indoor spaces. In the United States, many subway …

Standardized Exclusion: A Theory Of Barrier Lock-In, Andrew Tisinger

Duke Law Journal

The United States has relaxed antitrust scrutiny of private standard-setting organizations in recognition of their potential procompetitive benefits. In the meantime, however, the growing importance of network industries—and the coinciding move toward vendor-led standards consortia—has welcomed new, insidious anticompetitive risks. This Note proffers one such risk: barrier lock-in. A theory of barrier lock-in recognizes that dominant vendors can capture and control standards consortia to keep standardized equipment complex and costly. These practices are exclusionary. This Note situates barrier lock-in within the existing antitrust literature and jurisprudence, provides a potential example of barrier lock-in in the 5G network equipment standardization process, …

The Many State Doctrines Of Forum Non Conveniens, William S. Dodge, Maggie Gardner, Christopher A. Whytock

Duke Law Journal

Forum non conveniens is not as ancient or monolithic as U.S. courts often assume. The doctrine, which permits judges to decline to hear cases they believe would more appropriately be heard in another sovereign’s courts, was only adopted by the U.S. Supreme Court for use in nonadmiralty cases in 1947; the doctrine’s “deep roots in the common law” are thought instead to have grown in the states.

This Article tests that account by surveying the forum non conveniens doctrines of all fifty states and the District of Columbia. What we found should change how judges, practitioners, and scholars view the …

Solving The Valuation Challenge: The Ultra Method For Taxing Extreme Wealth, Brian Galle, David Gamage, Darien Shanske

Duke Law Journal

Recent reporting based on leaked tax returns of the ultrarich confirms what experts have long suspected: for the wealthiest Americans, paying taxes is mostly optional. Some of the country’s richest have reported annual taxable incomes that would be modest for a schoolteacher, even as the share of wealth held by the top .1 percent is at its highest in nearly a century.

Experts have long understood that one problem sits at the roots of many of the tax system’s failures to reach the very rich: valuation. Because it is difficult to appraise complex or unique assets, modern tax systems instead …

Judge Joseph A. Greenaway To Be The Keynote Speaker At  Cardozo's 45th Commencement, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The Benjamin N. Cardozo Law School is proud to announce that the Hon. Joseph A. Greenaway Jr., U.S. Court of Appeals for the Third Circuit, will deliver the commencement address for the law school’s 45th graduation ceremony.

The Hon. Joseph A. Greenaway, U.S. Court of Appeals for the Third Circuit, is an integral part of the Cardozo community, serving as an adjunct professor teaching courses on trial practice and appellate advocacy to great acclaim.

Lies,Damn Lies, And Kamikaze Lies: Protecting Falsehoods In The Name Of Truth, Doris Deltosto Brogan

Faculty Publications

Despite calls to reverse New York Times v. Sullivan and abandon the reckless disregard standard for public figure defamation cases--calls offered by two Supreme Court Justices, a number of legal scholars and some members of the popular press-- this article demonstrates that Sullivan’s protections have never been more relevant or more necessary, particularly in light of an epidemic of malicious, often strategic falsity, as well as overt assaults on the institutional press by powerful actors. We need Sullivan now more than ever. Further, for Sullivan to do its work effectively, it must be reinforced by two other legal protections: robust …

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia. Performance Oversight Hearing For The Deputy Mayor For Public Safety & Justice, Katherine S. Broderick

D.C. Council Testimony

No abstract provided.

The Rise And Fall Of Section 502b, John Ramming Chappell

Northwestern Journal of Human Rights

The first major foreign policy legislation of the human rights revolution of the 1970s,1 Section 502B of the Foreign Assistance Act (FAA) is a latent oversight tool that Congress could use to promote human rights in U.S. security assistance. Section 502B may be the most potent provision of law regarding human rights and security assistance that has never been used. The provision prohibits U.S. security assistance to governments that engage in a consistent pattern of gross violations of human rights, requires the State Department to report on human rights issues, and provides Congress with a mechanism to enforce the statute’s …

A Chinese Law Wedge Into The Hong Kong Common Law System: A Legal Appraisal Of The Hong Kong National Security Law, Han Zhu

Northwestern Journal of Human Rights

This paper is the first to comprehensively analyze the key legal controversies surrounding the Hong Kong National Security Law (NSL) and its implementation. Based on doctrinal analysis, case studies, and the most up-to-date statistics, this study centers on three categories of legal disputes: (1) the constitutionality and legality of the NSL; (2) the disputed content of the NSL; and (3) the legislative procedural issues involving the NSL. The study shows that the enactment of the NSL is not only an unprecedented crisis facing the “one country, two systems” framework, but also marks a culmination of the intersection and conflict between …

Galaxy Next Gen. V. Elhert, Order On Counterclaim Defendants' Motion To Dismiss, Kelly Lee Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Spring Gbm, Cardozo Sports Law Society

2022–2023 Flyers

No abstract provided.

Cardozo Public Service Scholars Presents: The Science Of Innocence, Cardozo Public Service Scholars Program

2022–2023 Flyers

No abstract provided.

Join Us For A Celebration Of Lunar New Year, Cardozo Asian Pacific American Law Students Association

2022–2023 Flyers

No abstract provided.

Cardozo Intellectual Property Law Society's Spring General Body Meeting, Cardozo Intellectual Property Law Society (Ipls)

2022–2023 Flyers

No abstract provided.

Kukin Program For Conflict Resolution Proudly Present: All Things Adr, Cardozo Adr Competition Honor Society, Cardozo Dispute Resolution Society, Cardozo Journal Of Conflict Resolution, Kukin Program For Conflict Resolution

2022–2023 Flyers

No abstract provided.

The Extent To Which A Contract May Be Terminated Based On A Prior Breach Of The Contractual Obligation: A Comparative Study, Mohdkhair Mahmoud Adwan Dr., Naim Ali Otoum Dr

UAEU Law Journal

The Contractual Obligation is proven to be owed by its owner as soon as the contract is concluded or the deadline for its implementation is due, Following this that the contractual violation should be before it not after, and if that kind of violation is the ordinary kind of contractual fault so the happening of contractual violation before the execution is a case been put by rules and Judicial Pronouncements as putting it in certain ordered law firm has its special private rules and obligations that distinguishes it from any similar cases of the expiry of contract.

And for that …

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

UAEU Law Journal

terrestrial environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly …

The Arbitrary Dismissal Of The Worker In Light Of The Conflicting Rulings Of The Palestinian Court Of Cassation (Pcc), Ahmad Abu Zeineh Dr.

UAEU Law Journal

Palestinian Court of Cassation (PCC). The focus has been, in particular, on the arbitrary dismissal from wok enshrined in the Palestinian Labor Law No. (7) of 2000. Although the rulings issued by the PCC must be uniform and harmonious, so that they can be followed by the appellate courts, despite the reversal of a principle established in a previous ruling issued by the Court of Cassation requires a general assembly of this Court to convene to decide on that return, but we found contradictions in many of the judgments passed by the Court, in several issues related to the subject …