Our professors are renowned scholars and practitioners—experts who shape the study and practice of law. I'm proud to share a sampling of their recent scholarship with you. The energy and engagement exhibited by our faculty continue to make Cardozo a leader in legal education.
Two of the most important drivers of innovation for accessible design have been social welfare laws and antidiscrimination laws. Both were responsible, in part, for the revolution in accessibility that occurred in the second half of the twentieth century.View paper
The slave trade’s prohibition remains a stalwart legal means to eradicate human bondage as envisioned by the 1926 Slavery Convention and the 1956 Supplementary Slavery Convention. The legal neglect of the slave trade exacted upon the ‘Comfort Women,’ and the potential denial of redress for enslaved Yazidis are compounded by the failure to refurbish this peremptory norm.view paper
As litigants have been denied a right to proceed collectively, defendants have escaped liability for even the most apparent wrongdoing. The legal system cannot long sustain such imbalance without corrective measures. In our view, the issue class provides just such a palliative.VIEW PAPER
Rebecca Ingber, Professor of Law; Ramya Kudekallu, Telford Teaching Fellow/Visiting Instructor of Clinical Law; Ngozi Okidegbe, Assitant Professor; and Mark Sidel, Visiting Professor of Law joined Cardozo Law this semester.
If legal agents of all kinds - students, lawyers, scholars, and judges - were to abjure the subjective stop, this would open the way for the recovery of majestic law. This path will have to be trod carefully, but to insist that it is a dead end unjustifiably empties the law of a wide range of moral commitments: not only integrity, dignity, decency, autonomy, freedom of conscience, freedom from cruelty, and moral proportionality in punishment, but ultimately justice and fairness.view paper
The existence of an executive branch anticanon demonstrates the importance of reading presidential practice – whether for purposes of constitutional interpretation or otherwise – not as a fixed reality constitutional life, but as a barometer of the present status of constitutional meaning and norms.VIEW PAPER
The law-enforcement-issued arrest warrants that play such an important role in the current immigration enforcement regime do not just sound anomalous to the modern ear. The above account shows that they were anomalous in important and widely used removal laws at the historical moment seen as critical when attempting to ascertain the scope of constitutional seizure protections.View Paper
Reorienting our thinking about state courts around their more complicated reality means paying far more careful attention to which hat a state court is wearing in a particular context. It means shaping the architecture of decisionmaking one function at a time, taking concerted steps to guide, review, or limit the court in the ways that will best reflect the most desirable decisionmaking processes in each arena and that will best respect the values and rights at stake.view paper
As important as prosecutors’ decisions to bring criminal charges are prosecutors’ decisions not to charge. But historically prosecutors have not talked much about this critical part of their role.View Paper
The rise over the last century of the 'rhetorical presidency,' in which presidents are expected to take their messages directly to the American people—a trend that has accelerated dramatically in the age of Trump—may mean thinking in new ways about the relationship between speech and impeachment.view paper
Unlike the FCC, which generally has employed a steady hand in guiding competition policy for the Internet, the SEC and CFTC historically have been indifferent stewards of competition. This indifference may prove problematic as blockchain restructures financial-services markets.VIEW PAPER
Cuomo is right to mandate telecommuting. He should reinforce his own message by announcing that, retroactive to the beginning of this year, New York will cease taxing income earned at home by out-of-state telecommuters.view paper