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Yeshiva University, Cardozo School of Law

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Articles 91 - 120 of 420

Full-Text Articles in Science and Technology Law

Accessibility In The Digital Age - Why The United States Needs A New Approach To The Americans With Disabilities Act, William J. Seguin Jan 2023

Accessibility In The Digital Age - Why The United States Needs A New Approach To The Americans With Disabilities Act, William J. Seguin

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Americans with Disabilities Act (ADA) must be updated to address digital accessibility, as its current framework, designed for the physical world, fails to accommodate the realities of the digital age. The ADA's success in promoting physical accessibility contrasts sharply with its inadequacy in ensuring equal access to digital spaces, highlighting the need for a new approach that includes digital platforms under its protections.


Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie Jan 2023

Where Is Negotiation In Hybrid Warfare?, Art Hinshaw, Adrian Borbely, Calvin Chrustie

Cardozo Journal of Conflict Resolution

The question of what negotiation has to do with hybrid warfare was the starting point for Project Seshat, a project gathering a global group of academics and practitioners from many walks of life. Their shared interest is in exploring what the fields that fit generally within the concepts of "security" and "dispute resolution" have to offer each other in the context of hybrid warfare grey zone conflict, and how these two "sets" of fields interconnect. In trying to better understand what hybrid warfare is, how it works, and how best to respond to it, negotiation and dispute resolution academics have …


Title Theft, Stewart E. Sterk Jan 2023

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …


Why A New Deal Must Address The Readability Of U.S. Consumer Contracts, Michael L. Rustad Dec 2022

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 …


Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko Dec 2022

Thaler V. Vidal: Artificial Intelligence—Can The Invented Become The Inventor?, Michelle Lavrichenko

Cardozo Law Review

No abstract provided.


The Law And Finance Of Infrastructure Investment, Daisuke Asaoka Oct 2022

The Law And Finance Of Infrastructure Investment, Daisuke Asaoka

Cardozo International & Comparative Law Review

Institutional design facilitates the investment of private capital in infrastructure. The Article deals with concessions, which have been a major format for infrastructure privatization in Japan since their legislation in 2011. It argues that the Japanese government, faced with mounting public debt, walks a thin line between attracting private capital and securing public interest in infrastructure under private operation. By comparing concessions with stock sales, the mainstream form of privatization until the legislation, the Article shows that while concessions have advantages in terms of economics and public interest control, they may hinder the strategic growth of private enterprises by limiting …


Automating Discrimination: Ai Hiring Practices And Gender Inequality, Lori Andrews, Hannah Bucher Oct 2022

Automating Discrimination: Ai Hiring Practices And Gender Inequality, Lori Andrews, Hannah Bucher

Cardozo Law Review

No abstract provided.


Hostile Shores: Racial Exclusion Laws And The West Coast, Brendan Williams Apr 2022

Hostile Shores: Racial Exclusion Laws And The West Coast, Brendan Williams

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical and ongoing racial exclusion laws on the West Coast, focusing on California, Oregon, and Washington. It argues that despite their progressive reputation, these states have a legacy of discriminatory laws targeting Chinese, Black, and Japanese populations, which has led to enduring racial inequities that persist today.


Separating Governance Tokens From Securities: How The Utility Token May Fall Short Of The Investment Contract, Kyle Bersani Feb 2022

Separating Governance Tokens From Securities: How The Utility Token May Fall Short Of The Investment Contract, Kyle Bersani

Cardozo Law Review

No abstract provided.


Standardizing State Vote-By-Mail Deadlines In Federal Elections, Jason Nagel Jan 2022

Standardizing State Vote-By-Mail Deadlines In Federal Elections, Jason Nagel

Cardozo Law Review de•novo

The litigation over the vote-by-mail process during the 2020 general election revealed that absentee ballot voting disputes should not be left entirely to the courts. Rather, this Note argues that Congress should utilize its constitutional Elections Clause power to standardize federal vote-by-mail processes, and proposes specific elements that Congress should include in such legislation.


Something For Nothing: Untangling A Knot Of Section 230 Solutions, Nicholas Bradley Jan 2022

Something For Nothing: Untangling A Knot Of Section 230 Solutions, Nicholas Bradley

Cardozo Law Review de•novo

Social media platforms have become the dominant public forum of the modern age but there is a big problem: they are privately owned and can moderate content however they like. This right is protected both by the First Amendment and Section 230 of the Communications Decency Act, the latter of which creates immunity from suit for platforms that exercise their right to moderate content by removing—or not removing—objectionable content. Politicians on both sides of the aisle have complained that platforms are abusing this immunity and, while they have put forward a wide variety of legislative solutions, none of them have …


The Semiconductor Industry's Need For Better Negotiation To Combat China's Rise, Joshua Becker Jan 2022

The Semiconductor Industry's Need For Better Negotiation To Combat China's Rise, Joshua Becker

Cardozo Journal of Conflict Resolution

No abstract provided.


Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel Jan 2022

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 …


The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli Jan 2022

The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli

Cardozo Journal of Conflict Resolution

American political talk has grown so fragmented and polarized that some observers say that "[w]e are no longer in any 'public conversation." Accusations of "fake news" are followed by disheartening discoveries that providing people with accurate information may only serve to further entrench their erroneous beliefs. One longtime journalism professor worries aloud that "what's at risk is the idea of a public that is even 'inform-able."' Putting the problem in terms familiar to mediation, can we get the parties back to the table? This essay will focus on journalists, whose ideal has been to maintain a neutral position from which …


Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha Jan 2022

Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha

Cardozo Journal of Conflict Resolution

No abstract provided.


Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad Jan 2022

Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad

Cardozo Journal of Conflict Resolution

By weaponizing technology, now more than ever before, cybercriminals are transforming the cyberworld into their new hunting ground. Almost daily, news headlines alert us to a new malicious cyber threat or major data breach. The evolution of cybercrime has created a malicious online environment, or "malspace," that is now inhabited by hacker groups and espionage units from all over the world. As a global concern, the use of powerful online capabilities by hacker groups has led to the "militarization" of cyberspace. Closer to home, critical infrastructure, valuable personal data, and access to medical care has been compromised at alarming rates …


Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah Jan 2022

Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah

Cardozo Arts & Entertainment Law Journal

Recognizing its clear propensity to cause serious public harm, many online platforms have restricted vaccine misinformation. This essay argues that these platforms are protected from liability when they remove such content under Section 230 of the Communications Decency Act. The essay conducts a textual and policy-based analysis of the "publisher" immunity conferred by Section 230(c) (1) and the immunity for restricting objectionable materials under Section 230(c)(2) and concludes that both protect the removal of vaccine misinformation. The essay further argues that repealing Section 230 will not encourage platforms to combat vaccine misinformation as some policymakers have suggested. That is because …


Fourth Amendment Issues And Covid-19 Tracking, Brooke A. Banks Jan 2022

Fourth Amendment Issues And Covid-19 Tracking, Brooke A. Banks

Cardozo Arts & Entertainment Law Journal

The note argues that the special needs doctrine does not justify warrantless government access to cell site location information (CSLI) for COVID-19 tracking, as individual privacy interests outweigh public health benefits. It advocates for voluntary, privacy-protective measures, such as opt-in apps, to balance privacy and pandemic response.


Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir Jan 2022

Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir

Cardozo Arts & Entertainment Law Journal

Section 230 of the Communications Decency Act, a foundational law enabling the modern internet, is under threat despite its critical role in protecting online platforms from liability for user-generated content. The article argues that Section 230 is essential for promoting free speech and innovation, as its repeal would force platforms to censor content to avoid liability, fundamentally altering the internet. Critics often misunderstand the law, and bipartisan attacks jeopardize its future, risking the unravelling of the internet as we know it.


Keynote Address, Christopher J. Buccafusco, Jeff Kosseff Jan 2022

Keynote Address, Christopher J. Buccafusco, Jeff Kosseff

Cardozo Arts & Entertainment Law Journal

The article discusses the evolution and impact of Section 230 of the Communications Decency Act, highlighting its role in shaping internet speech and liability. It traces the law's origins, key court rulings, and current debates about its future. The speaker emphasizes the need for informed discussion to address concerns about harmful content, platform moderation, and free speech.


Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop Jan 2022

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. …


Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen Jan 2022

Any Port In A Storm: What Social Media Platforms Should Do To Address The Shifting Legal Tides Governing Content Embedding, Laura Cohen

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Opening Remarks, Christopher J. Buccafusco, Matthew Vernace Jan 2022

Opening Remarks, Christopher J. Buccafusco, Matthew Vernace

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert Jan 2022

Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert

Cardozo Arts & Entertainment Law Journal

The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.


Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet Jan 2022

Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

Articles

As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …


Moonshots, Matthew Wansley Jan 2022

Moonshots, Matthew Wansley

Articles

In the last half-century, technological progress has stagnated. Rapid advances in information technology disguise the slow pace of productivity growth in other fields. Reigniting technological progress may require firms to invest in moonshots—long-term projects to commercialize innovations. Yet all but a few giant tech firms shy away from moonshots, even when the expected returns would justify the investment. The root of the problem is corporate structure. The process of developing a novel technology does not generate the kind of interim feedback that shareholders need to monitor managers and managers need to motivate employees. Managers who anticipate these agency problems invest …


A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego Oct 2021

A New Age Of Surveillance: Facial Recognition In Policing And Why It Should Be Abolished, Annslee Perego

Cardozo Journal of Equal Rights & Social Justice

The note argues that facial recognition technology in policing is fundamentally flawed due to its racial bias, erosion of privacy, and suppression of democratic participation. It advocates for the abolition of facial recognition in law enforcement, citing its inherent inaccuracies and societal risks, and proposes regulatory measures to limit its use if outright abolition is not feasible.


Racial Recognition, Eldar Haber Oct 2021

Racial Recognition, Eldar Haber

Cardozo Law Review

No abstract provided.


Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson Sep 2021

Zoning And The Cost Of Housing: Evidence From Silicon Valley, Greater New Haven, And Greater Austin, Robert C. Ellickson

Cardozo Law Review

Municipal zoning, shockingly, may be the most consequential regulatory program in the United States. This Article develops metrics for measuring the extent to which a locality’s zoning practices are exclusionary, that is, limit construction of least-cost housing. It applies the metrics to actual zoning ordinances and zoning maps, materials that legal scholars have seldom closely appraised. The municipalities chosen for study lie in three metropolitan areas, the ones listed in the Article’s title. Of the three, zoning in Greater Austin, one of the fastest growing metropolitan areas in the United States, is—to no one’s surprise—the most conducive to housing development. …


The Growth & Regulatory Challenges Of Decentralized Finance, Aaron J. Wright Jul 2021

The Growth & Regulatory Challenges Of Decentralized Finance, Aaron J. Wright

Articles

The article explores the rapid growth and regulatory challenges of decentralized finance (DeFi), a blockchain-based sector that replaces traditional financial intermediaries with automated smart contracts. DeFi platforms, such as decentralized exchanges (DEXes) and lending protocols, offer financial services like trading, lending, and asset management without centralized control. While DeFi promises lower costs, greater accessibility, and financial inclusion, it also raises significant regulatory questions, particularly around compliance, liability, and oversight. The article highlights the tension between DeFi's decentralized nature and the need for legal frameworks to address risks such as fraud, market manipulation, and systemic instability.