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Brief Of The American Immigration Lawyers Association And Immigration Law Scholars As Amici Curiae In Support Of Respondents, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by the American Immigration Lawyers Association and immigration law scholars in support of the respondents in Mullin v. Doe and Trump v. Miot before the Supreme Court of the United States. The brief argues that the Temporary Protected Status (TPS) statute strictly limits the Executive Branch's authority to terminate TPS designations and requires continuation of protection unless the statutory conditions justifying designation no longer exist. The amici further contend that TPS serves a critical humanitarian function by protecting individuals from removal, detention, and loss of work authorization while conditions in designated countries remain unsafe.

Brief For Amici Curiae Immigration Law Scholars In Support Of Petitioner-Appellee, Supporting Affirmance, Lindsay Nash

Amicus Briefs

Amicus curiae brief filed by immigration law scholars, including Cardozo School of Law Professor Lindsay Nash, in Herrera Avila v. Bondi. The brief examines the scope of mandatory immigration detention under the Immigration and Nationality Act and argues that 8 U.S.C. § 1225(b)(2)(A) applies to noncitizens seeking admission at the border rather than individuals apprehended within the interior of the United States.

Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …

Undermining Discretion: The Selective Attacks On Progressive Prosecutors, Angela J. Davis

Cardozo Law Review

Prosecutors are the most powerful officials in the criminal legal system. They decide whether to bring criminal charges and what those criminal charges should be. These decisions are totally within their discretion. The U.S. Supreme Court has consistently protected the power and discretion of prosecutors in making these decisions, and legal challenges to the exercise of prosecutorial discretion have been largely unsuccessful.

In recent years, a growing number of individuals have successfully run for chief prosecutor on platforms of reducing the prison and jail populations, consistent with public safety. They pledged to use their power and discretion to implement policies …

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.

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 …

Necessary Justice: “Political” Trials And Modern Political Philosophy, Rob Howse

Cardozo Law Review

Donald Trump’s election to President of the United States for the second time in November 2024 marked the beginning of the end of a sustained effort to hold him accountable in court for conduct that many Americans viewed as criminal.[1] Trump received not only the majority of Electoral College votes but a decisive plurality of the popular vote as well.[2] At the time of the election, he had already been convicted of thirty-four felonies surrounding a complex fraud to hide the use of campaign funds for hush money to an adult film actor.[3] Prior to this conviction, the decisions of …

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.

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

Articles

No abstract provided.

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

Articles

Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

The End Of Fda Exceptionalism? Dissecting Deference To The Fda In Drug Disputes, Anjali Deshmukh

Cardozo Law Review

On April 7, 2023, a federal judge issued a nationwide stay on the United States Food and Drug Administration (FDA) approval of the abortifacient medication mifepristone. It was instantly a landmark case, decried as the first time in over one-hundred years that a federal court nullified an FDA drug approval. A few hours later, a second federal district court enjoined FDA restrictions on mifepristone. Two federal courts substantively evaluating FDA drug approval data in one day is unprecedented. It begs the question: will courts overturn FDA drug approvals again?

Conventional wisdom says no. Abortion exceptionalism, the trend of legislatures and …

P*Law 2025: The Future Of The National Labor Relations Act Under Trump, Center For Public Service Law, Trader Joe's United, Julien, Mirer, Singla & Goldstein, Pllc, Working People’S Law Center

2024–2025 Flyers

A P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.

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.

Resistance: The Mura Struggle Against Canadian Potash Mining In Brazil’S Amazon, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Federal University Of Rio Grande Do Sul, Graduate Program In Law (Ppgd/Ufrgs), International Human Rights Program (Ihrp), University Of Toronto Jackman Law, Observatory Of Socio-Environmental Law And Human Rights In The Amazon (Odsdh/Ufam)

CLIHHR Reports & Policy Submissions

A comprehensive human rights and environmental report documenting the Mura Indigenous people’s resistance to Brazil Potash’s Autazes Potash Project in the Brazilian Amazon. The report details environmental risks, human rights violations, failures in consultation processes, litigation history, corporate accountability, and the ongoing struggle for land demarcation.

Information Governance In China: Data, Power, And The Law, Yuping Lin

Cardozo International & Comparative Law Review

Information is central to governance. In China, the State controls information, such as GDP data, to guide policy and shape political narratives. Given the importance of information, relevant parties, such as central and local governments, tend to monopolize its production and dissemination. This monopoly leads to the prolferation of misinformation, which not only undermines the governance but also affects public trust in the State. To address this problem, the first step is to understand the logic behind misinformation generation, followed by identifyingpotential solutions. This article traces the history ofmisinformation production through the lens of the principal-agent tension between central and …

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.

Unlocking The Vote: Hopkins V. Hosemann As A Catalyst For Restoring Voting Rights To Nonviolent Felons, Emily K. Abrams

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Sino-American Sanctions Convergence?, Ryan Martinez Mitchell

Cardozo International & Comparative Law Review

The People's Republic of China is rapidly constructing a new regime for economic and diplomatic sanctions. With its Anti-Foreign Sanctions Law (AFSL) and related legislation, Beijing has taken a step towards legally formalizing the means of pressure it uses against states, organizations, or individuals seen as threatening its core interests. Meanwhile, various informal coercive measures also continue to be employed. While questions remain about their scope and future uses, Beijing has especially extolled AFSL sanctions as countermeasures to U.S. interference.

This Article undertakes a detailed examination of the new Chinese sanctions framework, its historical origins, and its role in Beijing's …

The Thin Red Line: Neutrality And Belligerency In Modern Conflicts, Thibault Moulin

Cardozo International & Comparative Law Review

Since the invasion of Ukraine, Western states have faced a dual red line, i.e., at what point neutrality loss and co-belligerency occur. In this Article, I argue that neutrality law is still relevant regarding arms transfers and troop training, which are prohibited, but is often ill-suited to regulate activities like intelligence sharing, which is not subject to a specific treaty or customary rule. As this Article argues, this is because "impartiality" cannot be described as an abstract and autonomous rule, but rather as an umbrella principle underpinning the law of neutrality. It means that helping a belligerent is not ipso …

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.

"Who Are The Landlords Here?" - Group Rights In The Age Of Populism: Jewish Ownership Of Symbolic And Geographic Space In Israel, Meital Pinto

Cardozo International & Comparative Law Review

The world is witnessing the rise offar-right political parties. In Israel's recent national legislative election, Jewish Power (Otzma Yehudit), a far-right, anti-Arab political party, reached an unprecedented achievement. The party won six seats in the Knesset and its leader, Itamar Ben Gvir was appointed as the Minister of National Security. "Who are the Landlords Here?" was the party's election slogan; it signals that Jews should not only own the state but also its public space. This normative political statement aligns with the dominant attitude towards group rights for the Arab-Palestinian citizens of Israel. The dominant attitude perceives group rights in …

Are Holocaust Denial Laws And Critical Race Theory Bans The Same?, Rob Kahn

Cardozo International & Comparative Law Review

Florida's education rules list Holocaust denial and critical race theory ("CRT") as "theories that distort the past." This is not a fair comparison. Holocaust denial laws and CRT bans are analytically distinguishable. Holocaust denial laws were originally intended to fight hate, and this is the only reason they might be legitimate today. By contrast, CRT bans, for all their well-meaning language aboutprotecting childrenfrom race-based accusations of guilt, intend to silence the past. Indeed, the CRT bans are uncannily similar to the laws used in Turkey to ban discussion of the Armenian Genocide in schools. While one might reject both sets …

Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution

No abstract provided.

Reducing The American National Debt By Negotiating New Tax Practices On Internal Revenue Code Sec. 501(C) Organizations, Armando D. Gonzalez

Cardozo Journal of Conflict Resolution

No abstract provided.

Is Chinese Law Well-Prepared For Al Songs?: A Note Of Caution On The Over-Expansion Of Personality Rights, Yang Chen

Cardozo Arts & Entertainment Law Journal

Recently, artificial intelligence (AI) singers, or more precisely, AI songs cloning celebrities' real voices (AI songs), have become a key topic in the entertainment industry and among fan groups across the globe, particularly in China. AI songs have attracted considerable attention from the legal community, as they unsurprisingly raise various ethical and legal issues. Examples of hotly discussed legal issues surrounding AI songs include whether using prior published songs to train AI models violates copyright holders' rights and whether the creators of Al songs breach copyright protection by training AI to sing songs copyrighted by other celebrities or companies. One …

What Happens When The Conflicts Of Interest Board Does Not Prevent Conflicts? Examining New York City Charter Chapter 68, Abigail Damsky

Cardozo Arts & Entertainment Law Journal

The note critiques the New York Board's advisory opinion on elected officials' use of personal social media accounts, arguing that it contravenes Chapter 68 and Board Rule Section 113 by allowing the use of city resources for political gain, undermining government integrity, and creating transparency issues under the Freedom of Information Law (FOIL). The analysis advocates for revising the advisory opinion to align with existing ethical standards and ensure accountability.

The Writing On The Wall: A Proposal For Reform Of The Office Of Legal Counsel In The Wake Of The Trump Administration's Border Wall, Sean Dalton

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Office of Legal Counsel (OLC) has become a tool for unchecked executive power, particularly evident in the Trump administration's use of legal justifications for controversial actions like the border wall. The author proposes that Congress has the constitutional authority to reform the OLC to ensure accountability and transparency, addressing the imbalance in separation of powers.

The End Of Government Speech, G. Alex Sinha

Cardozo Law Review

Thirty years ago, the Supreme Court created the government-speech doctrine to protect certain forms of government action against First Amendment challenges. The government must speak to govern, the thinking goes, and the First Amendment regulates private rather than governmental speech. Therefore, government action that is classified as “government speech” should not be vulnerable to free-speech claims. The doctrine has since been used accordingly, vaccinating certain government programs against the First Amendment. For example, the doctrine has insulated regulations banning federally funded medical providers from counseling patients about abortion; advertising campaigns spearheaded by the federal government; state-level choices about which specialty …

Learning From Guantanamo: Avoiding Legal Black Holes In Outer Space, Mia Bonardi

Cardozo International & Comparative Law Review

"Legal black holes" are spaces beyond the reach of enforceable law and thus inflict people within their pull with "rightlessness." The term "legal black hole" arose originally around the Guantinamo Bay detention center, but it has since been used in other contexts, such as migrant drownings. There is a new frontier for legal black holes in the space beyond Earth. This topic is timely and pertinent to modern application because if places or spaces exist where fundamental laws cannot be applied or enforced, then such legal black holes undermine the rule of law.

This Article argues that outer space is, …

How Patents Became Politics, Steven Wilf

Cardozo Arts & Entertainment Law Journal

Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for open source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a littleknown …