Constitutional Law Commons^™

The 22nd International Advocate For Peace Award, Cardozo Journal Of Conflict Resolution

2023 Event Invitations

The Cardozo Journal of Conflict Resolution presents the International Advocate for Peace (IAP) Award to an individual, organization or group that is exemplary in the field of conflict resolution.

This year, the Journal presents the IAP Award to Gloria Steinem, who has dedicated her life to standing up to power and seeking ways to bring about peaceful change. Ms. Steinem has fought tirelessly in support of marginalized people everywhere, campaigning for the Equal Rights Amendment to the United States Constitution, protesting the South African apartheid system, and more recently working alongside Cardozo Law students at the Lenape Center to address …

The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

2022–2023 Flyers

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The Future Of Voting: State Courts, Independent Legislatures & The Supreme Court, Floersheimer Center For Constitutional Democracy, Wisconsin Law School State Democracy Research Initiative

2023 Event Invitations

Election litigation in state courts has been increasing across the country, as parties challenge voting restrictions, gerrymandered districts and longstanding practices of election administration.

Join the Floersheimer Center for Constitutional Democracy and the State Democracy Research Initiative at the University of Wisconsin Law School for a conversation with Floersheimer Co-Director Professor Deborah Pearlstein and election experts Professor Richard H. Pildes (NYU School of Law), Deputy Solicitor General Judith Vale (Office of the New York State Attorney General), Professor Carolyn Shapiro (Chicago-Kent College of Law) and Ethan Herenstein (Counsel for Brennan Center’s Democracy Program) to discuss the value and consequences of …

The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

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The Supreme Court And New Frontiers In Religious Liberty, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

The Floersheimer Center for Constitutional Democracy is proud to present The Supreme Court and New Frontiers in Religious Liberty. Join us for a conversation with First Amendment experts to discuss the future of First Amendment Free Exercise and Establishment Clause jurisprudence.

Professor Michael Pollack will lead a discussion on the Court’s jurisprudence and its impact on civil liberties, religious liberty, and separation of church and state.

Panelists:

• Nelson Tebbe, Cornell Law School
• Mark L. Movsesian, St. John's University School of Law
• Elizabeth Reiner Platt, Columbia Law School
• Giselle Klapper, Sikh Coalition

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No Sense Of Decency, Kathryn E. Miller

Articles

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce, but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

Shielded Book Launch, Cardozo Center For Rights And Justice

2023 Event Invitations

Professor Alexander Reinert, Director of the Center for Rights and Justice, will moderate a discussion on Shielded: How the Police Became Untouchable. He will be joined by the author, Joanna Schwartz, Professor of Law at the University of California, Los Angeles. Schwartz is one of the country's leading scholars on policing.

In Shielded, Schwartz explores how the legal system protects the police from being held accountable, with insightful analyses about subjects ranging from qualified immunity to no-knock warrants. By weaving true stories of people seeking restitution for violated rights, cutting across race, gender, criminal history, tax bracket, and …

Asymmetric Review Of Qualified Immunity Appeals, Alexander A. Reinert

Articles

This article presents results from the most comprehensive study to date of the resolution of qualified immunity in the federal courts of appeals and the US Supreme Court. By analyzing more than 4000 appellate decisions issued between 2004 and 2015, this study provides novel insights into how courts of appeals resolve arguments for qualified immunity. Moreover, by conducting an unprecedented analysis of certiorari practice, this study reveals how the US Supreme Court has exercised its discretionary jurisdiction in the area of qualified immunity. The data presented here have significant implications for civil rights enforcement and the uniformity of federal law. …

A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

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A Conversation With Indian Supreme Court Justice S. Ravinda Bhat, Cardozo Intellectual Property And Information Law Program, Floersheimer Center For Constitutional Democracy

2023 Event Invitations

Join us for a conversation with Indian Supreme Court Justice Shripathi Ravindra Bhat and Professor Saurabh Vishnubhakat, Director of Cardozo’s Intellectual Property & Information Law Program. Hear about Justice Bhat's experience at the highest levels of judicial service and his insight into the law’s perennial capacity for social impact.

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Contextualizing Corruption: Foreign Financing Bans And Campaign Finance Law, Lori A. Ringhand

Cardozo Law Review

No abstract provided.

Bond Conditions As Fourth Amendment Seizures, Rebecca Laden

Cardozo Law Review

No abstract provided.

Qualified Immunity’S Flawed Foundation, Alexander A. Reinert

Articles

Qualified immunity has faced trenchant criticism for decades, but recent events have renewed focus on this powerful defense to liability for constitutional violations. This Article takes aim at the roots of the doctrine—fundamental errors that have never been excavated. First, this Article demonstrates that the Supreme Court’s qualified immunity jurisprudence is premised on a flawed application of a dubious canon of statutory construction—namely, that statutes in “derogation” of the common law should be strictly construed. Applying the Derogation Canon, the Court has held that 42 U.S.C. § 1983’s silence regarding immunity should be taken as an implicit adoption of common …

Brief Of Legal Scholars As Amici Curiae In Support Of Petitioners, Pamela Foohey

Amicus Briefs

Amici curiae are professors at law schools throughout the United States. Amici’s expertise encompasses student-financial-assistance programs under Title IV of the Higher Education Act of 1965, consumer finance, administrative and constitutional law, modes of statutory interpretation, and the development of the major questions doctrine. Amici have a strong interest in assisting this Court in resolving questions of law that go to the core of their professional expertise and scholarship, namely, the scope of the Department of Education’s authority to provide relief to borrowers and the development of this Court’s statutory interpretation methodology, particularly in the context of its precedent …

Know Thyself - Embracing The Ambiguity Of War By Other Means, Anne Leslie

Cardozo Journal of Conflict Resolution

On paper, nothing predestined me for a career in cybersecurity. Much in the same way as nothing on paper predestined me for being involved in a multinational effort like Project Seshat to study and respond to the rising threats of 'hybrid warfare' and 'gray zone conflict', or to give a keynote address at the Cardozo Journal of Conflict Resolution Melnick Symposium themed "Negotiation Strategies for War by Other Means."

All The Way To Hell: An Artist's Legal Descent Into The Underworld Of Oil And Gas, Madison S. Marlow

Cardozo Arts & Entertainment Law Journal

Eliza Evans’ project, All the Way to Hell, employs a novel legal strategy to challenge Oklahoma’s permissive fracking regulations by fragmenting mineral rights among thousands of co-owners, aiming to disrupt the forced pooling process. While her approach highlights systemic legal and environmental issues, the state’s industry-friendly framework and regulatory capture present significant barriers to meaningful change. The note argues that Evans’ activism underscores the need for legislative reform to balance individual property rights with environmental protection.

The Ftc's "Made In America" Enforcement Policy Is Too Stringent For Small Businesses To Comply With, Jamie Cutler

Cardozo Arts & Entertainment Law Journal

The note argues that the Federal Trade Commission's (FTC) "Made in America" policy is overly stringent and disproportionately burdensome for small businesses. The policy requires products labeled as "Made in America" to contain "all or virtually all" parts and processing from the U.S., a standard that is often ambiguous, economically prohibitive, and misaligned with consumer perceptions. The note contends that this strict enforcement creates a "Hobson's choice" for small businesses, making it infeasible for them to comply without suffering financial harm or reputational damage. It advocates for lowering the threshold to allow more flexibility, which would support small businesses, promote …

Making Justice Available For Victims Of Sexual Misconduct Within The Prison System, Emma L. Bruder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for amending the Prison Rape Elimination Act (PREA) to include a private cause of action, enabling survivors of sexual misconduct in confinement to seek judicial remedies. This amendment would enforce their Eighth Amendment rights and address the limitations imposed by the Prison Litigation Reform Act (PLRA), which hinders access to justice for incarcerated individuals.

Mute Eloquence: A Gallery Of Contracting Emojis, Courtney Leon

Cardozo Arts & Entertainment Law Journal

The increasing use of emojis in electronic communications, exacerbated by the COVID-19 pandemic, has introduced complexity into contract law due to the lack of standardized interpretation. Courts are encountering disputes over emoji meanings, highlighting the need for a uniform framework. The proposed Emoji Codebook aims to address this by categorizing emojis and providing consistent interpretations, aligning with existing laws like the UCC and E-SIGN Act to facilitate clearer contract formation and mitigate misunderstandings.

Easing The Burden Of Survivors Of Domestic Violence Through The "One Family, One Judge" Court Model: Why Integrated Domestic Violence ("Idv") Courts Should Be Instituted Throughout The United States, Elka B. Blonder

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the implementation of Integrated Domestic Violence (IDV) Courts nationwide, arguing that these courts provide a more efficient and supportive system for survivors of domestic violence by consolidating criminal, civil, and family cases under a single judge. This "one family, one judge" model aims to reduce the fragmentation and trauma survivors face in traditional court systems, offering a holistic approach that enhances survivor safety and offender accountability.

Oral Argument In Moore V. Harper And The Perils Of Finding “Compromise” On The Independent State Legislature Theory, Katherine A. Shaw

Online Publications

The Supreme Court’s cert grant last June in Moore v. Harper was an ominous note on which to end an explosive term. The grant seemed to broadcast an openness to embracing what’s known as the “independent state legislature theory,” or ISLT. It is a once-fringe idea that the U.S. Constitution, and in particular Article I’s “elections clause,” grants to state legislatures alone, and withholds from other state entities (think: courts and constitutions), the power to regulate elections for federal office.

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah M. Litman, Katherine A. Shaw

Articles

This piece offers an extended critique of one aspect of the so-called "independent state legislature" theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I's Elections Clause, which provides that "[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof," and Article H's Presidential Electors Clause, which provides that "[e]ach State shall appoint, in such Manner as the Legislature …

Distinguished Lecture Series, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

The Supreme Court's 2022 Term with Kate Shaw, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy.

Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022–2023 Flyers

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A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

The Floersheimer Center for Constitutional Democracy invites you to join us for a conversation with New York Times bestselling author and Supreme Court reporter Dahlia Lithwick to discuss her book, Lady Justice. Cardozo Professor Kate Shaw will moderate.

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A Conversation With Dahlia Lithwick, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

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Scotus On Immigration: A Review Of Recent Decisions & What's To Come, Cardozo Journal Of Equal Rights And Social Justice

2022 Event Invitations

Please join the Cardozo Journal of Equal Rights and Social Justice for a panel discussion with seven immigration attorneys. The discussion will cover recent SCOTUS decisions impacting immigration, the impacts of these decisions and important cases on the docket for this upcoming session.

Moderator: Mauricio Noroña, Visiting Clinical Assistant Professor of Law in the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

Panelists:

• Peter Markowitz, Associate Dean of Equity in Curriculum and Teaching and Professor of Law, Founding Faculty Member and Co-Director of the Kathryn O. Greenberg Immigration Justice Clinic, Cardozo Law

• Lindsay Nash, Associate Professor of Law, Co-Director of …

Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022–2023 Flyers

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Why Florida Copied Its ‘Don’T Say Gay’ Bill From Hungary & What It Means For Democracy In The United States, Floersheimer Center For Constitutional Democracy

2022 Event Invitations

On the eve of mid-term elections in which polls find large majorities of Americans worried about the future of U.S. democracy, scholars and journalists are tracking growing interest here in the successful path of autocratic leaders abroad. Do once-democratic countries like Hungary offer American populists a meaningful roadmap for reforming the structures of U.S. democratic governance and constitutional law?

Moderator: Deborah Pearlstein, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy

Panelists:

• Zack Beauchamp, Senior Correspondent, Vox
• Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs in the Princeton School of Public and International …

Weekly Pop-Up Class: Understanding The Lgbtq+ Civil Rights Movement And Why It Matters, Ferkauf Professors Kailey Roberts And Jennifer Cooper, Benjamin N. Cardozo School Of Law

2022 Event Invitations

Kailey Roberts is an Assistant Professor of Clinical Psychology at Ferkauf Graduate School of Psychology specializing in bereavement and existential psychotherapy. Roberts' research and teaching focuses on understanding existential distress and supporting individuals facing adversity through connection to their unique sense of meaning, identity and purpose. Jennifer Cooper, is an Assistant Professor at Ferkauf Graduate School of Psychology. Cooper’s research agenda is focused on preventing and treating youth mental, emotional and behavioral issues through improving the use of multi-tier frameworks and culturally responsive evidence-based practices in schools. They will discuss "Cultivating Psychosocial Wellbeing in LGBTQIA+ Individuals and Communities."