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Yeshiva University, Cardozo School of Law

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Articles 31 - 60 of 362

Full-Text Articles in Legal Profession

P*Law 2025: Access To Housing Justice: Eviction Diversion Programs, Center For Public Service Law, Public Interest Law Student Association (Pilsa), Nathaniel Newman, Julia Leibman Jan 2025

P*Law 2025: Access To Housing Justice: Eviction Diversion Programs, Center For Public Service Law, Public Interest Law Student Association (Pilsa), Nathaniel Newman, Julia Leibman

2024–2025 Flyers

A panel discussion on eviction diversion programs and access to housing justice, held on January 28 in Room 1008. The event featured speakers from the National Center for State Courts, Center for Justice Innovation, Urban Justice Center, and Mobilization for Justice. Moderated by Nathenial Newman and Julia Leibman, both Cardozo Law Class of 2027.


P*Law 2025: International Law And Human Rights In Israel And Palestine, Center For Public Service Law, Adil Haque, Samah Sisay, Jamil Dakwar, Gabor Rona Jan 2025

P*Law 2025: International Law And Human Rights In Israel And Palestine, Center For Public Service Law, Adil Haque, Samah Sisay, Jamil Dakwar, Gabor Rona

2024–2025 Flyers

No abstract provided.


P*Law 2025, Center For Public Service Law Jan 2025

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.


Cardozo Law News Brief: January 24, 2025, Benjamin N. Cardozo School Of Law Jan 2025

Cardozo Law News Brief: January 24, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 24, 2025 Cardozo Law News Brief include:

  • Professor Saurabh Vishnubhakat spoke to The Guardian and ABC News about the Trump administration’s approach to delaying enforcement of the TikTok ban.

  • Professor Peter Markowitz published an op-ed in the New York Daily News critiquing Mayor Adams' shifting stance on NYC sanctuary city laws.

  • Adjunct Professor Gary Galperin was quoted in Gothamist discussing public perception and legal reasoning surrounding Daniel Penny’s acquittal.


Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law Jan 2025

Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 17, 2025 Cardozo Law News Brief include:

  • Professor Saurabh Vishnubhakat spoke to Law360, USA Today, The Verge, Politico, and ABC News about legal challenges surrounding the U.S. TikTok ban.

  • Professor David Rudenstine published an op-ed in The Hill urging the Supreme Court to adopt a formal code of ethics.

  • Professor Matthew Wansley was quoted in The Washington Post on privacy concerns related to Elon Musk's involvement in a Cybertruck explosion investigation.

  • Assistant Professor Emmanuel Hiram Arnaud’s article “Colonizing by Contract” was published in the Columbia Law Review.


Cardozo Law News Brief: January 3, 2025, Benjamin N. Cardozo School Of Law Jan 2025

Cardozo Law News Brief: January 3, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 3, 2025 Cardozo Law News Brief include:

  • Professor Jessica Roth spoke to The New York Times about the legal basis for Luigi Mangione facing both federal and state murder charges.

  • Professor Betsy Ginsberg discussed jail conditions in Gothamist, emphasizing the need for systemic reform.

  • Adjunct Professor Gary Galperin explained to Gothamist how legal strategy and timing are determined when dual prosecutions occur.

  • Professor Jocelyn Getgen Kestenbaum appeared on The FoRB Podcast with Visiting Professor Dmytro Vovk to discuss global responses to the 2014 Yazidi genocide.


Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider Jan 2025

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …


Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz Jan 2025

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …


The New Glass Ceiling, Andrea K. Schneider, Abigail R. Bogli, Hannah L. Chin Dec 2024

The New Glass Ceiling, Andrea K. Schneider, Abigail R. Bogli, Hannah L. Chin

Articles

Until the last decade, gender inequality in the legal profession was selfevident. Law school classrooms and law firm offices were overwhelmingly filled with men. In recent years, women have outnumbered men in law school classes and reached parity with men among first-year associates. These developments have created the misperception that gender equality has been achieved. In this Article, we challenge this complacency. We present new evidence from a detailed case study of law firms in a midsize city, showing that women remain underrepresented in leadership roles and underpaid relative to their colleagues. We then show how the limited opportunities and …


Managing Mental Health: Attorneys And Cardozo Professors Share Their Experiences, Cardozo Office Of Student Services & Advising Oct 2024

Managing Mental Health: Attorneys And Cardozo Professors Share Their Experiences, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.


Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria Oct 2024

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.


Consumer Litigant Finance And Legal Ethics: Empirical Observations From Texas, Anthony J. Sebok, Lynn A. Baker Jul 2024

Consumer Litigant Finance And Legal Ethics: Empirical Observations From Texas, Anthony J. Sebok, Lynn A. Baker

Articles

A handful of states, including Texas, have Rules of Professional Responsibility which permit attorneys to provide cash advances to their own clients. In previous work, we suggested that if more states permitted law firms to offer this sort of funding to their clients it would increase competition within the consumer litigant funding market, to the benefit of consumers. We also hypothesized that relaxing these existing prohibitions would better enable tort claimants to decline low-ball settlement offers from defendants in one-off cases.

This Article offers some initial insights into these questions. It reports the findings of our modest empirical study involving …


Charting Your Legal Course: Cover Letters & Resumes, Cardozo Black Law Students Association, Cardozo Office Of Career Services Mar 2024

Charting Your Legal Course: Cover Letters & Resumes, Cardozo Black Law Students Association, Cardozo Office Of Career Services

2023–2024 Flyers

No abstract provided.


Whither Affirmatively Furthering Fair Housing In New York? The Affh Mandate In An Era Of Land Use Reform, Timothy Gentles Feb 2024

Whither Affirmatively Furthering Fair Housing In New York? The Affh Mandate In An Era Of Land Use Reform, Timothy Gentles

Cardozo Law Review

New York is experiencing a severe housing affordability crisis. This crisis is driven by a housing supply shortfall decades in the making. The state’s housing shortage exacerbates economic, racial, and regional inequalities, and harms the economy by limiting growth. New York’s struggles with housing affordability reflect a national surge in housing costs since the pandemic that has disproportionally impacted communities of color. Yet, in many respects, the crisis in New York is worse than that in other states with comparably robust housing demand. The extent of New York’s housing affordability crisis has led to growing momentum behind legislative action in …


P*Law 2024, Center For Public Service Law Jan 2024

P*Law 2024, Center For Public Service Law

2023–2024 Flyers

This document outlines the full schedule for P*LAW Week 2024 at Cardozo School of Law, hosted by the Center for Public Service Law. Held from January 29 to February 1, the week featured panels, workshops, and student-led presentations on critical public interest topics, including immigration, incarceration, housing justice, student debt, reproductive rights, and exoneration. With contributions from legal professionals, alumni, faculty, and students, the events provided education, mentorship, and career development opportunities for those pursuing paths in public interest law.


Global Policy Leaders And Sustainability, Joyce Aluoch Jan 2024

Global Policy Leaders And Sustainability, Joyce Aluoch

Cardozo Journal of Conflict Resolution

In 2024, can mediation still be referred to as the "sleeping beauty," which is beautiful and needs to be proven and promising, making it logical that mediation can catch up? In my presentation I will examine measures to awaken a vibrant and attractive sleeping beauty.


What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh Jan 2024

What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh

Cardozo Journal of Conflict Resolution

When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a …


Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan Jan 2024

Rulers, Victims, Educators, Or Partners? Judges' Perception Of Their Relationship With Lawyers, Boaz Shnoor, Eyal Katvan

Cardozo International & Comparative Law Review

Judges oftenface lawyer misbehavior in court. Such misbehavior, and the way judges address it, are pressing issues, which challenge all courts. However, the current literature on the legal profession and legal education lacks a systemic analysis of judges' perceptions of lawyers' behavior in their courtrooms, of the ways in which judges are influenced by lawyers' misbehavior, and of the ways in which they respond to it. This Article fills this gap by empirically analyzing judges' perceptions of lawyers' misbehavior, how it influences judges' work environments, the methods they use to cope with it, and the constraints they face in dealing …


Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham Jan 2024

Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham

Cardozo Arts & Entertainment Law Journal

The note argues that while Direct Air Capture (DAC) technology holds significant potential to address climate change by removing carbon dioxide from the atmosphere, its development and deployment are hindered by the gatekeeping mechanism of patents. These patents, though intended to incentivize innovation, often stifle progress by restricting access to critical technologies. The analysis highlights the urgency of climate action, the limitations of current legal frameworks, and the need for policy reforms to accelerate DAC innovation and mitigate global warming.


For The Love Of The Game: Examining The Legality Of Unofficial Fan Video Game Remakes, Madeleine Higgs Jan 2024

For The Love Of The Game: Examining The Legality Of Unofficial Fan Video Game Remakes, Madeleine Higgs

Cardozo Arts & Entertainment Law Journal

The note explores the legal challenges faced by creators of fan remakes of delisted video games under the Digital Millennium Copyright Act (DMCA) and proposes potential solutions to address these issues. It argues that expanding exemptions for such works and adopting a statutory licensing regime could provide a legal framework that balances the rights of copyright holders with the creative interests of fan creators. The analysis emphasizes the need for reforms to prevent overly broad enforcement of copyright protections and to incentivize fair use considerations.


Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao Oct 2023

Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao

2023–2024 Flyers

Interested in artificial intelligence? Want to know how law firms are leveraging AI? Can AI replace the modern lawyer? Come join us with 2 experts from Gunderson Dettmer: Joe Green, Chief Innovation Officer and Laura Chao, Practice Innovation Attorney.


Exit Engineering, Rachel Landy Oct 2023

Exit Engineering, Rachel Landy

Articles

How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers. This Article offers a …


Public Defenders As Gatekeepers Of Freedom, Alma Magaña Oct 2023

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …


Making A Career Working For Lgbtq+ Rights: An Alumni Panel, Cardozo Dean's Office, Cardozo Outlaw Feb 2023

Making A Career Working For Lgbtq+ Rights: An Alumni Panel, Cardozo Dean's Office, Cardozo Outlaw

2023 Event Invitations

Dean Melanie Leslie ’91 will moderate a panel of distinguished alumni who will speak about their experiences working to advance LGBTQ+ rights in the legal world. They will discuss cases and projects they have worked on, how recent high-profile legislation targeting the LGBTQ+ community has impacted their work and provide advice for law students who want to enter the field.

Panelists:

  • Taylor Brown ’17 is a Staff Attorney in the ACLU’s LGBTQ & HIV Project.
  • Jason Starr ’10 has over 15 years of experience as an attorney, educator and strategist in the fight for human rights.
  • Debra Guston ’88 is …


P*Law 2023, Center For Public Service Law Jan 2023

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.


Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush Jan 2023

Beyond The Toolbox: Values-Based Models Of Mediation Practice, Robert A. Baruch Bush

Cardozo Journal of Conflict Resolution

No abstract provided.


Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff Jan 2023

Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff

Cardozo Arts & Entertainment Law Journal

The article discusses the legal implications and challenges surrounding college athletes' rights to profit from their name, image, and likeness (NIL), following the NCAA's 2021 decision to lift its ban on athletes cashing in on their fame. The symposium explores the evolving legal landscape, including regulatory frameworks, equity issues, and the role of collectives, highlighting the need for clearer guidelines to address the complexities arising from this change.


Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte Jan 2023

Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte

Articles

In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …


The Various Problems And Instabilities With The Implementation Of The Special Immigrant Juvenile Status Statute, Calli Schmitt Oct 2022

The Various Problems And Instabilities With The Implementation Of The Special Immigrant Juvenile Status Statute, Calli Schmitt

Cardozo Journal of Equal Rights & Social Justice

The note examines the Special Immigrant Juvenile Status (SIJS) statute, highlighting its purpose to protect vulnerable immigrant children who have been abused, neglected, or abandoned. However, the implementation of SIJS faces significant challenges, including inconsistent state court interpretations, political interference, and visa backlogs, which undermine its humanitarian goals. The note proposes reforms to address these issues and ensure that SIJS beneficiaries receive the protections and pathways to permanent residency intended by Congress.


Child Pornography And Criminal Justice Reform, Dawinder S. Sidhu, Kelsey Robinson Aug 2022

Child Pornography And Criminal Justice Reform, Dawinder S. Sidhu, Kelsey Robinson

Cardozo Law Review

Drug offenses lie at the heart of the movement for criminal justice reform, and for good reason. Drug policy is defined by severe and disproportionate penalties owing to a retributive, factually flawed, and hurried congressional process. These central characteristics apply to the child pornography context as well. Though drug sentencing is problematic enough, child pornography sentencing is arguably worse. The U.S. Sentencing Commission has disavowed the child pornography sentencing guidelines and invited judges to vary from them. Judges have done just that, varying in sixty-three percent of all cases, more than any other offense type.

In this Article, we identify …