Education Law Commons^™

P*Law 2023, Center For Public Service Law

2022–2023 Flyers

This document provides the complete schedule for P*LAW Week 2023 at Cardozo School of Law, organized by the Center for Public Service Law. Held from January 23 to January 26, the week featured panels, workshops, and interactive events addressing pressing issues in public interest law. Topics included judicial independence, disability rights, reproductive justice, climate legislation, student mental health, comprehensive sexual education, and qualified immunity. Events also offered students career support through the PILC Fair prep session and Mentor Mock Interviews, fostering professional growth and public service engagement.

Revisiting The Disability Integration Presumption, Chris Yarrell

Cardozo Law Review de•novo

The Individuals with Disabilities Education Act’s (IDEA) predecessor established a legal presumption in favor of educating all students with disabilities in an integrated, “least restrictive environment” (LRE) to the “maximum extent appropriate.” Yet, the precise meaning of this statutory presumption remains unsettled, which has led to mounting special education disputes in federal court. This Article addresses a less developed area of IDEA litigation: namely, how federal courts should interpret this statutory presumption in light of the disproportionate placement of students with the most significant cognitive disabilities in separate settings.

Whether students with the most significant cognitive disabilities sacrifice their right …

Keynote Address, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the evolution of name, image, and likeness (NIL) policies in college athletics, highlighting the legal, economic, and educational implications of allowing college athletes to profit from their NIL. It argues that while recent legal cases and state legislation have expanded NIL rights, the lack of enforceable guardrails has created a chaotic system dominated by booster collectives, exacerbating financial and equity issues in college sports. The analysis critiques the NCAA's ineffective oversight and advocates for congressional intervention to establish a national framework addressing these challenges.

A Portrait Of The Artist’S Heirs In Mediation: Adr Techniques To Prevent And Resolve Disputes Following An Author’S Death, Nicholas Beudert

Cardozo Journal of Conflict Resolution

If an author's work is powerful enough, or popular enough, it's likely that at some point someone will want to write about her. For scholars embarking upon these projects, the author's body of published work can provide insight into her psyche, but correspondence and other unpublished materials can also be valuable. Copyright law covers all of these materials, and when the author dies, she can bequest her copyright as she would the rest of her estate (if she hasn't transferred it during her lifetime). The recipient of these copyrights may now treat the copyrights as her own, as though she …

Should The Ncaa Be Subject To Title Ix?, Sarah Allen

Cardozo Arts & Entertainment Law Journal

The note argues that the National Collegiate Athletic Association (NCAA) should be held accountable under Title IX of the Education Amendments of 1972, despite its current exemption, due to its significant role in college athletics and the persistent gender disparities in treatment of male and female athletes. It advocates for overturning the Supreme Court's decision in NCAA v. Smith to bring the NCAA under Title IX purview.

Panel 1: Race, Gender & Equity, Len Elmore, Jo Potuto, Kassandra Ramsey, Felix Wu

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution of Name, Image, and Likeness (NIL) rights in college athletics, focusing on the challenges these rights present for race, gender, and equity. It highlights the need for legal and regulatory reforms to address disparities in NIL opportunities and ensure equitable treatment of student-athletes.

Why And What Federal Nil Rights Legislation Is Needed, Matthew J. Mitten

Cardozo Arts & Entertainment Law Journal

The article argues that federal Name, Image, and Likeness (NIL) rights legislation is essential to maintain the amateur/educational model of intercollegiate sports, preserve the distinction between college and professional athletics, and ensure competitive balance. It emphasizes the need for national uniformity to prevent conflicting state laws and address antitrust concerns.

Nil Collectives - Title Ix's Latest Challenge, Kassandra Ramsey

Cardozo Arts & Entertainment Law Journal

The article explores the intersection of Name, Image, and Likeness (NIL) Collectives and Title IX, arguing that while NIL Collectives are not directly subject to Title IX, colleges and universities must ensure these organizations comply with Title IX to maintain gender equity. Schools are responsible due to their federal funding and their promotion of these collectives, necessitating guidelines, education, and audits to prevent disparities in opportunities for male and female athletes.

The Supreme Court's Decision In Ncaa V. Board Of Regents: Did The Ncaa Really Misread It So Badly?, John Wolohan

Cardozo Arts & Entertainment Law Journal

Today, college athletes like LSU gymnast Olivia Dunne and Alabama quarterback Bryce Young can earn hundreds of thousands of dollars a year from social media and product endorsements. However; it was only a couple of years ago that the National Collegiate Athletic Association (NCAA) declared University of Central Florida football player Donald De La Haye ineligible to play because he refused to stop monetizing his videos on YouTube, thereby losing his scholarship. The purpose of this paper is to examine the impact the Supreme Court's 1984 decision in NCAA v. Board of Regents has had in the NCAA, going from …

The Nil Revolution: What's Next?, Andrew Zimbalist

Cardozo Arts & Entertainment Law Journal

The article examines the transformative impact of the NIL (Name, Image, and Likeness) revolution on college athletics, highlighting its legal, economic, and educational implications. It traces the evolution from historical amateurism to recent legal challenges, such as White v. NCAA and O'Bannon v. NCAA, which have reshaped compensation rules for student-athletes. The NIL revolution has introduced a new market where athletes can earn money, but it also raises concerns about equity, financial sustainability for colleges, and the educational welfare of athletes. The author argues that while the NCAA has struggled to lead reforms effectively, Congressional intervention may be necessary …

Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad

Cardozo Law Review

United States companies are increasingly drafting consumer contracts that are complex and unreadable, thus making it difficult for many Americans to comprehend terms of use that apply to goods and services. Many U.S. companies are creating terms of use that are, in effect, rights-foreclosure schemes. Many consumer agreements cap damages at a nominal amount, disclaim all warranties, limit remedies, and impose mandatory arbitration clauses and class action waivers. U.S. courts enforce these unfair mass-market contracts with few exceptions. My proposal for a New Deal for Consumer Contracts, as described in this Article, would impose a more exacting readability standard, enforcing …

Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer

Cardozo Journal of Equal Rights & Social Justice

The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.

Reckoning With Structural Racism In Legal Education: Methods Toward A Pedagogy Of Antiracism, Doron Samuel-Siegel

Cardozo Journal of Equal Rights & Social Justice

There is an empty quality to much of what passes as "diversity, equity, and inclusion" work in legal education. Despite a robust body ofscholarship on teaching law consistent with the goals of antiracism, many legal educators struggle to put theory into practice. This Article responds to that struggle, offering a holistic, methodical approach to a pedagogy of antiracism whose goal is twofold: create conditions in which racially minoritized students learn to their full potential, free from the harms of traditional legal education; and equip all students, regardless of identity, to contribute to the dismantlement of structural racism. Absent such pedagogy, …

Where Do We Draw The Line? The Deliberate Indifference Standard And Why Vulnerability To Sexual Harassment Matters In Title Ix Liability, Laëtitia Krisel

Cardozo Law Review

No abstract provided.

How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.

The Revival Of Student Loan Discharge In Bankruptcy By The Tenth And Second Circuits, Biqi Chen

Cardozo Law Review

No abstract provided.

P*Law 2022, Center For Public Service Law

2021–2022 Flyers

This document outlines the full schedule for P*LAW Week 2022 at Cardozo School of Law, presented by the Center for Public Service Law. Held virtually from January 24 to January 27, the week featured panels, workshops, and discussions on key issues in public interest law, including immigration policy, educational equity, criminal justice reform, reproductive rights, data privacy, military law, labor rights, and overdose prevention. Events brought together legal professionals, advocates, scholars, and Cardozo students to explore law’s role in advancing social justice and supporting vulnerable communities.

Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel

Cardozo Journal of Conflict Resolution

This Article discusses conflicts with religious or worldview dimensions, and why creative approaches are uniquely suited to intervening in them. Conflicts centered around identity, cosmology, and other aspects of worldviews need tools that reach beyond presenting logic and traditional conflict intervention approaches to parties' "grammars of being." "Grammars of being" refer to structural ideas and values below the surface of conscious awareness that influence beliefs, opinions, and actions, just as grammar organizes written or spoken language. Arts-based strategies are promising because they offer aesthetic, embodied pathways that are often missed in more traditional interventions. Case examples drawn from our and …

Religious Mediation As A Tool To Resolve Disputes Between Religious Universities And Their Lgbt Students, Isaac Altman

Cardozo Journal of Conflict Resolution

Though the LGBT (Lesbian, Gay, Bisexual, and Transgender) rights movement has made immense strides in recent years, there are many people who have been left behind in the sprint towards LGBT equality. Some of those are students or prospective students at religious schools, who can face discriminatory attitudes or be rejected outright by these institutions. While religiosity is generally associated with positive mental health outcomes, research shows that LGBT people who experience religious identity conflict are at significant risk of suicide. Religious institutions, for their part, are scrambling to adjust to the new reality in which their positions on LGBT …

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop

Cardozo Arts & Entertainment Law Journal

This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …

What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars, Deborah Pearlstein

Articles

The history of the legal academy’s impact on the way states fight wars is hardly one of unmixed glory. It was a law professor moonlighting for President Lincoln who authored “Instructions for the Government of Armies of the United States in the Field” during the Civil War, a code still recognized worldwide today for having laid critical groundwork for the modern law of war. It was likewise a law professor whose work came to serve as both theoretical and practical justification for the sweeping powers of the Nazi state. So it should perhaps be unsurprising that, two decades of engagement …

The Powerful Problem Of Prayer At Public School Board Meetings, Amanda Harmon Cooley

Cardozo Law Review

No abstract provided.

What Is Wrong With Intimate Partner Abuse And Why It's Criminalization Might Not Be Right, Galia Schneebaum

Cardozo International & Comparative Law Review

Considering a contemporary debate between United States ("US') and United Kingdom ("UK') approaches, this article probes the appropriateness of criminalizing non-violent abuse in intimate partner relationships. Criminal lawyers in the US and the UK are divided on prohibiting intimate partner abuse. Whereas US jurisdictions retain a traditionalfocus on physical injury, England and Wales enforce a novel prohibition on "controlling or coercive behavior," covering conduct such as micromanaging intimate partners'schedules or restricting their behaviors through rules. While the US approach has been criticized as conservative, this article questions the progressiveness of the UK approach. It suggests, first, that in prohibiting "controlling …

The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the U.S. Constitution does not guarantee a fundamental right to education, many state constitutions, including New York's, explicitly recognize this right for children. It contends that juvenile offenders in New York prisons are entitled to the same educational rights as other children under the state's education clause but are currently not receiving an adequate education that meets state standards. The note advocates for reforms to align New York's juvenile education system with its constitutional obligations and suggests adopting practices from other states, such as Florida and Virginia, to improve educational outcomes for juvenile offenders.

Changing The Student Loan Dischargeability Framework: How The Department Of Education Can Ease The Path For Borrowers In Bankruptcy, Pamela Foohey, Aaron S. Ament, Daniel A. Zibel

Articles

The United States' consumer bankruptcy system supposedly gives "honest but unfortunate" individuals "a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt." Access to bankruptcy's discharge of debt is especially important in the wake of the COVID-19 pandemic, which has resulted in a once-in-a-century economic crisis that is projected to increase bankruptcy filings by people struggling to recover. Those who file bankruptcy will find a system that is already difficult to navigate and has long-recognized racial and gender disparities in access and outcomes.

Student loan borrowers will find a …

Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos

Cardozo Journal of Equal Rights & Social Justice

The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.

Title Ix And The Failure Of Due Process, Kenneth Lasson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges in implementing Title IX, focusing on its failure to ensure due process, particularly in cases involving sexual misconduct allegations. It highlights how the Trump administration's policy changes have attempted to address these issues but have also faced criticism for potentially undermining protections against discrimination.

Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks

Cardozo Journal of Equal Rights & Social Justice

The article critiques federal education policies such as No Child Left Behind (NCLB), Common Core, and the Every Student Succeeds Act (ESSA) for failing to address educational inequities, particularly for minority students. It argues that these policies, despite their intentions, have not effectively closed the achievement gap and have often exacerbated existing disparities. The article proposes a new approach emphasizing school choice and improved public transportation to foster socio-economic and racial integration in schools.

Constitutional Diversity In New York's Specialized High Schools: The Shsat, The Discovery Program, And The Fourteenth Amendment, Corey Hirsch

Cardozo Law Review

No abstract provided.