Law Commons^™

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 32 (2025-26)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 32. Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Burying Weapons Under The White Pine Tree: Reducing Nuclear Weapons And Using The Monetary Savings To Compensate Native Peoples Injured By The U.S. Nuclear Weapons Complex, William Y. Chin

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

When Executions Don't Kill: The Stories Of Eight People Who Survived Their Date With Death, Austin Sarat, Julia Morgan-Canales, Aidan Gemme

Cardozo Journal of Equal Rights & Social Justice

This Article focuses on the eight people who have survived execution attempts in the last 100 years. Some of them faced a second attempt to carry out the sentence. Others escaped that fate only to die in prison; one reached an agreement with the state to allow them to remain in prison for the rest oftheir life, and the fate of another is up in the air.

By examining what went wrong in their executions and the accounts of those events offered by defense lawyers, state officials, and judges, this Article suggests that these executions fall into distinct genres. Each …

Can The Free Speech Clause Protect Transgender Expression From The Trump Administration?, Daniel Cooper

Cardozo Journal of Equal Rights & Social Justice

This Article explores how the Free Speech Clause can provide protection to speakers implicated by the Trump administration's executive orders restricting gender-related speech. Part I will provide an overview of how the Trump administration has directed executive authority to stifle gender-non-conforming identity and expression, how those efforts fit within the larger context of right-wing efforts to marginalize transgender people, and why the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution is not currently a useful tool for the protection of trans rights. Part II will examine efforts to regulate government employees' pronoun usage, focusing on whether …

The Right To "Be Whole": A Jewish Religious Liberty Argument For Gender Affirming Care For Minors, Sarah Weiner

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Weight Of Stigma, Rebekah A. King, Michael S. Sinha

Cardozo Journal of Equal Rights & Social Justice

Many health care providers, both implicitly and explicitly, perpetuate stigma in their treatment of patients classified as obese. While medical professionals understand that a one-size-fits-all approach to treatment is ineffective, patients classified as obese are frequently offered limited treatment options that fail to account for their unique needs. Access to a range of effective treatment options has historically been limited, but new GLP-1 receptor agonist medicines like Wegovy (semaglutide) and Zepbound (tirzepatide), have shown incredible promise in addressing the obesity crisis. Unfortunately, these transformative drugs are costly, in high demand, and not widely covered by insurance, rendering them inaccessible for …

Bridging The Rural Telehealth Divide, Deborah Farringer

Law Faculty Scholarship

This article examines the historical development, regulatory landscape, and post-pandemic future of telehealth in the United States, with a particular focus on its original purpose: improving access to care for rural populations. Although Congress first authorized Medicare reimbursement for telehealth in 1997 to alleviate rural health disparities, federal and state regulatory frameworks—especially restrictions on originating sites, licensure rules, and HIPAA-driven technology requirements—significantly limited adoption for more than two decades. The COVID-19 public health emergency triggered sweeping temporary waivers that removed geographic limitations, permitted the use of common communication technologies, liberalized supervision and prescribing rules, and allowed audio-only encounters. These changes …

Splitting The Statute: Severability As A Canon Of Construction Or Constitutional Concern?, Amy L. Moore

Law Faculty Scholarship

This Article examines the Supreme Court’s evolving severability doctrine and interrogates whether severability is best understood as a canon of statutory construction or as a constitutional limitation on judicial power. Tracing the doctrine from Marbury v. Madison through modern cases such as Champlin Refining Co., Carter Coal, INS v. Chadha, Alaska Airlines, Booker, and Seila Law, the Article demonstrates that the Court has oscillated between an interpretive presumption favoring preservation of legislative enactments and a structural concern about judicial lawmaking. It distinguishes between textual severability—excising unconstitutional statutory provisions—and application severability—limiting unconstitutional applications while preserving …

From Humanitarians To Patriots: The Decline Of International Adoption And The Turn To Domestic Prioritization, Karsen Kreidler

The International Law Review Association Student Forum

The world is getting smaller as globalization is leading to more connection and interdependence between countries than ever before. Businesses, ideas, and even people are being exchanged across countries. This can be seen in the development of international adoption, a complex legal issue that involves a balance of child’s rights, state sovereignty, and international law. International adoption has been an important facet of globalization for many decades, and has undergone certain developments and trends over the course of its history. Recently, international adoptions have drastically decreased, as several nations are adjusting their policies, including tightening or even completely banning foreign …

Home By Now? “Habitual Residence” And The Hague Convention On The Civil Aspects Of International Child Abduction, Emily Mcanally

The International Law Review Association Student Forum

The Hague Convention on the Civil Aspects of Child Abduction (“the Convention”) is a multilateral treaty signed in 1980 which aims “to secure the prompt return of children wrongfully removed to or retained in any Contracting State”; and to ensure mutual respect of the “rights of custody and access” between the contracting states. As of 2025, there are 103 signatories of the Convention who have committed to taking “all appropriate measures” and employing “the most expeditious procedures available” to ensure that children wrongfully within their territory can be returned home. Although the Convention has existed for nearly half a century, …

Immigrant Entrepreneurship: A Survey Of "Start-Up" & Investor Visa Programs And Their Effects, Candace Yuan

The International Law Review Association Student Forum

Entrepreneurship has positive economic benefits and allows for innovative progress within countries. Immigrants, specifically, are in a unique position to bring new perspectives, backgrounds, and ideas to their host countries, which makes them especially entrepreneurial. In particular, immigrants play key roles in their host country by starting businesses or making investments that lead to job creation, innovation, and increased national productivity. This broader phenomenon is known as Immigrant Entrepreneurship, where immigrants contribute to the economy of their host country by starting new businesses or investing. Immigrant entrepreneurship is a developing but relevant topic, as literature in this arena suggests that …

The Advocate (Fall 2025), Lewis & Clark Law School

The Advocate

No abstract provided.

Richmond Law Magazine: Autumn 2025

Richmond Law Magazine

Danielle Stokes and the energy discussion

Beyond the page

The mentorship web

Does The Pto Have The Power To Ask Where You Sleep At Night? Pamela Chestek, The Patent Act, And The Apa Say No, Jessica Manzon

Cardozo Law Review

Imagine this scenario: You apply for a trademark, following the longstanding practice of listing your business’s PO Box on the application. Days later, you receive a notice from the U.S. Patent and Trademark Office (PTO): Your application was rejected for failure to disclose your domicile address—a requirement imposed under the 2019 U.S. Counsel Rule. Having previously suffered harm from making your home address public, you are understandably reluctant to expose it again for something as routine as a trademark application. You stand firm in withholding your domicile address, citing privacy concerns. As a result, your application remains denied, and when …

Civil Appeals Mediation Program 2024 Mediation Colloquy: 50 Years Of Building Bridges Through Appellate Mediation

Cardozo Journal of Conflict Resolution

On December 17, 2024, the Second Circuit Court of Appeals and its CAMP program hosted Justice Sotomayor to celebrate the 50th Anniversary of the establishment of CAMP. During the Colloquy, the 50th Anniversary CAMP documentary video was premiered.

Law School Announcements 2025-2026, Law School Announcements Editors

Announcements

• Officers and Faculty
• The Law School - History
• Programs of Instruction
• Curriculum
• Student Activities and Organizations
• Funds and Endowments

Law As A Tool Of Empire: A Transhistorical Comparison Of Mandate Palestine And Ancient Rome, Will L. Hisle

Armstrong Undergraduate Journal of History

Through a comparative analysis of Law and Identity in Mandate Palestine by Assaf Likhovski, and A Legal History of Rome by George Mousourakis, this essay demonstrates that law was crucial to the expansion of empire. When read in tandem, these monographs provide a transhistorical framework for viewing law outside of itself, as a mechanism of colonial and imperial domination.

The First Amendment & Censorship: Is This A New Era, Center For Rights And Justice

2025–2026 Flyers

No abstract provided.

Dalsa Gbm, Disability Advocacy Law Student Association (Dalsa)

2025–2026 Flyers

General Body Meeting.

Masthead, Volume 47 (2025-2026)

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 47, Issue 1

Cardozo Law Review

No abstract provided.

Fairer Public Benefit In Copyright Law, Amanda Levendowski Tepski

Cardozo Law Review

In 1966, a court considered expressly whether a secondary use of copyrighted works served a public benefit. While public benefit has become a subfactor of the fair use doctrine, it remains undefined, uncodified, and undertheorized. Courts often invoked public benefit in pivotal cases involving novel technologies, from home video recorders to digital libraries to algorithms—but they did not need to. After the recent Supreme Court decision in Google v. Oracle, however, public benefit is unavoidable: The Court stated that “we must take into account the public benefits the copying will likely produce.” A qualitative analysis of key public benefit cases …

From Matrimony To Autonomy: Divorce As A Fundamental Right, Karin Carmit Yefet

Cardozo Law Review

Liberal divorce is under assault. Yet this development—one that arguably may shape the everyday life of Americans more profoundly than nearly any other domain of state law—has elicited surprisingly little scholarly inquiry. Because divorce has long fallen within the province of states and hewed to the whim of state legislatures, restrictions on divorce have rarely inspired constitutional analysis. As a result, the constitutional architecture necessary to conceptualize—let alone resolve—the question of how divorce law intersects with fundamental rights remains strikingly wanting. Indeed, one of the enduring puzzles of constitutional scholarship is the diametrically opposed treatment of marriage and divorce. While …

Do Civil Penalties Punish? The Fbar Penalty And The Case For An Emboldened Excessive Fines Clause, Scott Oatkin

Cardozo Law Review

The Report of Foreign Bank and Financial Accounts (FBAR) regime authorizes the IRS to impose severe penalties—up to the greater of $100,000 or fifty percent of the account balance—for failure to report foreign bank accounts exceeding $10,000. While the Eighth Amendment protects Americans from “excessive fines,” circuit courts are split on whether the FBAR penalty constitutes a fine and is subject to constitutional scrutiny. Some courts have found that the FBAR penalty is wholly remedial and beyond the reach of the Excessive Fines Clause, but this Note argues that such an interpretation is inconsistent with the history and case law …

Unpacking Singapore's Leasehold Relativity Table: An Empirical And Legal Analysis, Koon Shing Kwong, Jing Rong Goh, Seng Wei, Edward Ti

Research Collection School Of Economics

In Singapore, most land is state-owned, with the state generally issuing leasehold estates via state leases of not more than 99 years1, depending on the intended land use. Naturally, the value of a leasehold estate, which erodes over time as the lease approaches the end of its term, is a key component of the premium charged for lease renewals, or the tax imposed for permission given in relation to a development that would increase the value of the land. By law, the state valuation of leasehold land is prescribed by a leasehold relativity table colloquially known as ‘Bala’s Curve’ or …

Civil Liability For Invasions Of Privacy: Whither Singapore?, Yu Han Lam

Research Collection Yong Pung How School Of Law

Intrusions upon privacy are becoming increasingly common in Singapore. Singapore has yet to establish a tort addressing this issue, although the SAL Law Reform Committee has proposed a tort of misuse of private information. Australia has also recently introduced a statutory tort of serious invasion of privacy. This article will argue for the need for a Singapore tort of intrusion upon seclusion, on top of the already proposed tort of misuse of private information, to cover more appropriately instances of intrusions upon privacy.

أحكام المسؤولية الجنائية وأجهزة الذكاء الاصطناعي, Fatmah Ali Al Dhanhani

Theses

The Criminal Liability Provisions of Artificial Intelligence (AI) Actions

This study aims to define the concept and levels of artificial intelligence (AI) to understand its legal nature, personality, and impact on criminal liability. It analyzes the current legal frameworks and examines existing legislation related to AI, assessing their ability to address issues concerning criminal responsibility for the actions of these systems. The study begins by defining the precise concept of criminal liability to understand how it can be applied in a technological environment. It then defines AI and explores its legal nature, to analyze current frameworks and how effectively they …

Interpreting The Private‑ And Public‑Sector Service Criteria For Singapore’S Aspiring Presidential Candidates, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore President's role is not only ceremonial: from 1991, it has encompassed the substantive function of serving as a guardian of public reserves and the integrity of the public service. A person must meet certain qualifying criteria in order to run in a Presidential election. This article focuses on one set of qualifying criteria, namely, the "service criteria": the requirement that candidates have had certain experience in serving in certain roles in the public sector or the private sector. The service criteria were last amended in 2016, and came to the fore in the 2023 Presidential Election following George …

Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills, Edward Ti, Hang Wu Tang

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic exposed the rigidity of will-making laws requiring in-person witnessing. Jurisdictions responded differently: some introduced temporary measures, others implemented permanent reforms allowing remote witnessing. This article compares responses in England and Wales, selected Australian states, Singapore, and Hong Kong SAR, tracing developments toward potential recognition of electronic wills. The central argument is that law reform should balance accessibility with safeguards against fraud and undue influence, avoiding overly burdensome formalities that deter compliance. The article concludes by examining how national digital identity systems could be used for the execution of electronic wills.