Civil Rights and Discrimination Commons^™

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 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 …

Crj Moot: Wright V. Talamantes, Center For Rights And Justice (Crj), Alexander Reinert, Carolyn Kubitschek, Robert Mantel, Michael Moore

2025 Event Invitations

Carolyn Kubitschek (founding partner, Lasner & Kubitschek), Robert Mantel (Crowell and Moring), and Professor Alex Reinert will serve as moot judges for Michael Moore (Law Offices of Michael Garth Moore), an attorney who will be arguing an appeal in Wright v. Talamantes, a civil rights case in the United States Court of Appeals for the 9th Circuit. Wright involves the constitutionality of an intrusive strip search of a minor without parental consent.

August 2025 Annual Report, Perlmutter Center For Legal Justice At Cardozo Law

Perlmutter Center Reports

The August 2025 Annual Report documents the Perlmutter Center for Legal Justice’s work at Cardozo Law during Spring and Summer 2025, highlighting major legal victories, partnerships, student clinical programs, policy advocacy, community outreach, and staff achievements. Prepared for The Laura and Isaac Perlmutter Foundation, it details the Center’s efforts to address wrongful convictions, challenge flawed forensic science, expand pro bono collaborations, and advance criminal justice reform, while also providing staff updates, financial information, and program impact summaries.

Putting Police Body-Worn Camera Footage To Work: A Civil Liberties Evaluation Of Truleo’S Ai Analytics Platform, Farhang Heydari, Max Isaacs, Katie Kinsey, Barry Friedman, Christopher Slobogin, Alissa Marque Heydari

Cardozo Law Review

This Article summarizes findings from a civil liberties evaluation of Truleo, an AI-powered analytics platform designed to automate the review of police body-worn camera (BWC) footage. It includes a summary of how Truleo’s platform works, policy choices made by the company, and our assessment of safeguards and risks of the platform from a civil liberties perspective. This Article also offers a series of recommendations for policymakers considering the adoption of Truleo or similar technologies. These include the necessity for independent testing of claimed benefits, democratic authorization for deployment, and ongoing transparency and public input around the platform’s design and operation. …

Is It Time To Scrap Stare Decisis?, Wilfred U. Codrington Iii

Articles

Shortly after returning to the presidency, Donald Trump terminated several independent federal officers, prompting legal action by employees who occupied government positions covered by statutory for cause removal protections long held constitutionally permissible and valid. Eventually, one or more suits alleging unlawful termination owing to the removal without cause will reach the Supreme Court to be decided on the merits. Having steadily narrowed the Humphrey’s Executor line of cases that insulate these officers, the Court now seems poised to displace that precedent entirely. In isolation, the overruling would mark a seismic doctrinal shift and major advance in legal conservatism's pursuit …

Brief Of Amici Curiae 775 Law Professors In Support Of Plaintiff's Motion For Summary Judgment And Declaratory And Permanent Injunctive Relief, Wilfred U. Codrington Iii, Haiyun Damon-Feng, Rebecca Ingber, Rachel Landy, Jacob Noti-Victor, Alexander A. Reinert, Anthony J. Sebok

Amicus Briefs

Amicus curiae brief submitted by 775 law professors in support of Susman Godfrey LLP's motion for summary judgment and request for declaratory and permanent injunctive relief in Susman Godfrey LLP v. Executive Office of the President. The brief argues that Executive Order 14263 unlawfully targets a law firm based on its clients, advocacy, and litigation activities, in violation of the First Amendment, Fifth Amendment, and Sixth Amendment. The amici contend that the order constitutes impermissible viewpoint discrimination, interferes with the right to counsel, and threatens the independence of the legal profession and the rule of law.

On The Meaning Of Discrimination: Anti-Racism Versus Color- Blind Policy, Keith N. Hylton

Cardozo Journal of Equal Rights & Social Justice

Chief Justice Roberts of the United States Supreme Court has said that "the way to stop discrimination on the basis of race is to stop discriminating on the basis of race. "I In this Article, I examine what it means to discriminate on the basis of race-or what it means to stop discriminating on the basis of race. I consider interventions designed to enhance social welfare in an economy with racially discriminatory games operating at its base. One set of interventions is color-blind, in the sense that it treats all actors alike regardless of race. The other set of interventions …

We The People... Deserve Fair Taxes, Doron Narotzki, Tamir Shanan

Cardozo Journal of Equal Rights & Social Justice

In a world where economic inequality is deepening, tax law has emerged as one of the most powerful tools for shaping social justice. This Article explores how progressive taxation serves not only as a fiscal mechanism but as a reflection of societal values and the moral obligations of wealth. With legal methodologies such as Purposivism, Originalism, and Living Constitutionalism providing different interpretative lenses, this Article delves into the crucial discourse surrounding income, tax avoidance, deductions, and wealth taxation.

Through an analysis of real-world tax policies and legal precedents, the Article examines how these methodologies either perpetuate or challenge the current …

Conservative Caution V. Progressive Originalism: How Justices Barrett And Jackson Are Paving Their Own Paths On The Court, David Rudenstine, Michael Waldman, Eric Freedman, Haiyun Damon-Feng, William D. Araiza, Mark Anthony Frassetto, Jake Meiseles, Michael Pollack, Linda Greenhouse, Earl M. Maltz

Cardozo Journal of Equal Rights & Social Justice

The Conservative Caution v. Progressive Originalism symposium, hosted by the Cardozo Journal of Equal Rights and Social Justice on March 7, 2025, brings together leading constitutional scholars to examine the emerging judicial philosophies of Justices Amy Coney Barrett and Ketanji Brown Jackson. Through three expert panels—presidential immunity, gun rights, and judicial ideology—the symposium analyzes how both Justices are shaping contemporary originalist discourse from opposing ends of the ideological spectrum. Panelists explore the Supreme Court’s watershed decision in Trump v. United States (2024), emphasizing its unprecedented expansion of presidential immunity and its implications for separation of powers and democratic accountability. Discussions …

P*Law 2025: What’S Next? Reproductive Justice Under The Trump Administration, Center For Public Service Law, Shayna Medley, Jenny Ma, Chelsea Williams-Diggs, Bella Pori

2024–2025 Flyers

Hosted by Cardozo P*LAW 2025, this January 28 event explored abortion rights and reproductive justice under the Trump administration. Panelists discussed litigation, nonprofit advocacy, and policymaking at both state and federal levels, with a focus on how New York-based law students can support local efforts. Moderated by Bella Pori ’21.

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

P*Law 2025: Immigration For Lgbtq+ Individuals: Laws, Barriers, And Insights, Center For Public Service Law, Victoria Nielson, Lermán Montoya, Fernanda Gianesella, Noemi Masliah, Gleozyl Saavedra, Natalia Palacino Camargo

2024–2025 Flyers

A P*LAW 2025 event focused on the legal challenges and barriers faced by LGBTQ+ individuals in the immigration system. The panel featured legal experts and advocates discussing policy insights, representation, and protections for LGBTQ+ immigrants.

"Arbitration In Name Only": A Race Claims Mismatch, Michael Z. Green

Cardozo Journal of Conflict Resolution

With arbitration’s meteoric rise as a tool in resolving statutory employment discrimination matters beginning in the 1990s, concerns about lack of employee bargaining power received little consideration when raised in court challenges to the enforcement of employer-mandated agreements to arbitrate those claims. Only in rare circumstances, when an employer appeared to go to extremes in using its overwhelming bargaining power to implement an arbitration process so clearly unfair would a court find the agreement created an unfair “arbitration in name only” that should not be enforced.

Employers have become savvier in how they require employees to agree to resolve discrimination …

Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino

Cardozo International & Comparative Law Review

The note examines recognition policies and self-determination frameworks for Indigenous Peoples in the United States, Australia, and Canada, arguing that the U.S. federalist system of tribal recognition offers a potential model for addressing Indigenous rights in other countries, particularly Australia. It emphasizes the importance of international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), in guiding domestic policies and promoting Indigenous sovereignty.

Reframing Puerto Rican Advocacy: How The Emerging U.S.-China Rift Can Help Puerto Rico Realize Greater Autonomy, Michael Angelo Tabrizi

Cardozo International & Comparative Law Review

The note advocates for reframing Puerto Rican decolonization efforts as a foreign policy issue rather than solely a domestic matter, leveraging the U.S.-China rivalry to gain international support and alignment with the United Nations' principles on self-governance.

Flexing The Celebrity Muscle: Celebrity Leverage In Trademark Law And Why Small Businesses Deserve Equitable Treatment, Victoria M. Lopez

Cardozo Arts & Entertainment Law Journal

The note examines the imbalance in trademark law disputes between celebrities and small businesses, arguing that celebrities often leverage their fame and resources to gain an unfair advantage. It highlights how this dynamic can overshadow the rights of small businesses, even when they have prior use of a trademark, as seen in the case of Beauty Concepts vs. Kim Kardashian. The analysis advocates for a more equitable approach to trademark law to protect small businesses from being disadvantaged by celebrity influence.

“Split My Award With Whom?” A Case For Plaintiff Incentive Awards And Plaintiff-Attorney Fee Splitting In Class Action Lawsuits, Ilana Kruchenetskaya

Cardozo Law Review

Named plaintiffs are the heart of class action lawsuits—without them, there is no class action. To motivate these individuals to be the face of the class and compensate them for their role in the litigation process, courts typically approve named plaintiff incentive awards when such awards are included in settlement offers. Recently, however, the Eleventh Circuit held that these awards are prohibited under purported Supreme Court precedent from the late 1800s. This decision undermines the future of class actions by removing any incentive individuals may have in taking on the extra work and scrutiny of bringing a class action lawsuit. …

Table Of Contents - Cardozo Journal Of Equal Rights & Social Justice, Vol. 31, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Masthead, Cardozo Journal Of Equal Rights & Social Justice, Vol. 31 (2024–25)

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

White Monsters: Understanding Whiteness As Social And Legal Monstrosity, Steven Sacco

Cardozo Journal of Equal Rights & Social Justice

The article argues that whiteness operates as a socially and legally constructed monstrosity, perpetuating systemic inequality and destructive power through both intentional and nonintentional mechanisms. By employing monster theory, the analysis reveals how whiteness adapts and evolves to maintain its dominance, often through legal frameworks that obscure its harmful effects. The Supreme Court's decision in Plyler v. Doe, while advancing justice in some aspects, also exemplifies how the law can perpetuate inequality by overlooking historical and social contexts.

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.

Standing At The Crossroads: An Analysis Of The Circuit Split Over Ada Tester Standing, Jennifer Tedisco

Cardozo Journal of Equal Rights & Social Justice

This Article analyzes the circuit split concerning whether self-appointed testers without intent to travel or book a reservation have Article III standing to sue hotels forfailing to disclose accessibility information on their websites in violation of an Americans with Disabilities Act ("ADA") regulation. This Article ultimately argues that these testers should have standing under an informational injury and/or stigmatic injury rationale. However, negative perceptions ofADA testers coupled with the Supreme Court's recent standing decisions haveput the private enforcement of the ADA and other disability rights statutes in jeopardy. In hopes ofpreserving the ability oftesters to bring suit against hotels and …

Women On Death Row In The United States, Sandra Babcock, Nathalie Greenfield, Kathryn Adamson

Cardozo Law Review

This Article presents a comprehensive study of forty-eight persons sentenced to death between 1990 and 2022 who were legally recognized as women at the time of their trials. Our research is the first of its kind to conduct a holistic and intersectional analysis of the factors driving women’s death sentences. It reveals commonalities across women’s cases, delving into their experiences of motherhood, gender-based violence (“GBV”), and prior involvement with the criminal legal system. We also explore the nature of the women’s crimes of conviction, including the role of male codefendants and the state’s use of aggravating factors. Finally, we reveal …

Is Grammar Religious Exercise? Addressing Transgender Students And The Limits Of The Complicity Doctrine, Saul R. Thorkelson

Cardozo Law Review

May teachers reject transgender students’ names and pronouns on religious grounds? Across the United States, many schools and universities have adopted policies calling on staff to use all students’ designated first names and gender-congruent pronouns. A number of conservative Christian teachers have claimed that they cannot address transgender students in this way without violating their religious beliefs. In several cases, after unsuccessful attempts by administrators to accommodate these objections, teachers who were subject to employment consequences have brought lawsuits alleging violation of their religious liberty and free speech rights.

This Note employs two recent cases to examine courts’ reasoning on …

Bound To Misfortune: Protecting Juvenile Abortion Through The Right To Travel, John H.C. Hughes

Cardozo Law Review

On July 1, 2022, the Indianapolis Star reported that a ten-year-old Ohio girl, who had been raped and was six weeks pregnant, had sought an abortion in Indiana. Abortion had been outlawed in Ohio mere hours after the Supreme Court overturned Roe v. Wade, but it remained legal ˙in neighboring Indiana. The Ohio girl was able to cross the state border, get the abortion, and—presumably—return home safely. But if lawmakers like those in Missouri, South Carolina, Texas, and a handful of other states have their way, pregnant© children in abortion-restrictive states will be unable to avail themselves of neighboring …

Bostock And Its Progeny: A Path To Protection For The Lgbtq+ Community, Colton Shelly

Cardozo Journal of Equal Rights & Social Justice

The Bostock v. Clayton County decision marked a pivotal moment in extending federal protections under Title VII to the LGBTQ+ community, prohibiting employment discrimination based on sexual orientation and gender identity. This ruling has had far-reaching implications, influencing various cases across federal and state courts, though its application varies, leading to a diverse landscape of protections.

Impact Ipsa Loquitur: A Reverse Hand Rule For Consumer Finance, Susan Block-Lieb, Edward J. Janger

Cardozo Law Review

The topic of this symposium—Automating Bias—considers how artificial intelligence can produce, reinforce, and hide racial and other forms of discrimination in consumer finance. The animating intuition is that the complexity and opacity of algorithms and artificial intelligence in consumer lending create a greater need for disparate impact analysis to combat lending discrimination. This view was articulated forcefully by the current Director of the Consumer Financial Protection Bureau (CFPB), Rohit Chopra, when he was still a commissioner at the Federal Trade Commission (FTC).

Cardozo’S Civil Rights Clinic Wins Fifth Circuit Appeal For Client In Police Misconduct Case, Cardozo Civil Rights Clinic

Cardozo News 2024

Civil Rights Clinic students Zoe Burke ’23 and 3L Rahni Stewart recently won an appeal for their client in a police misconduct case in Kenner, LA.

Faculty Handbook As Contract, Karen Halverson Cross

Cardozo Law Review

Colleges and universities, like other employers, typically have in place policies that govern the employment relationship with their faculty. Many such policies—policies against employee misconduct or policies on accommodations for persons with disabilities—are comparable to what employees might encounter outside of academia. Most higher education institutions also have in place policies that are more unique to academia, such as policies establishing shared governance bodies, affirming academic freedom as a core value, or outlining procedures on the granting and revocation of faculty tenure. These faculty policies may be aggregated in a faculty handbook, published separately on the institution’s web site, or, …