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.
An appropriate response to elder financial crises and exploitation requires action in multiple spheres. These include improving preventive measures, increasing the availability of trained legal, financial, and social services professionals to address the problem through other mechanisms, relying on existing and developing alternatives to guardianship, and providing essential housing, health, or income support benefits to meet the older adult’s needs.
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Our analysis finds the normative case for regulating streaming payola lacking: contrary to conventional wisdom, we show that streaming pay-for-play, whether disclosed or not, likely causes little to no harm to consumers, and it may even help independent artists gain access to a broader audience.
View paperThis name change contradicts the judicial movement to transform fraudulent transfer from an in rem property right to a tort. According to the UVTA, fraudulent transfers are not wrongs.
The Eleventh Circuit and the "Tort" of Making a Fraudulent Transfer 41, Bankruptcy Law Letter, 2021
Given that international human rights law applies in times of peace and conflict, the framework offers additional, complementary state responsibility accountability mechanisms to individual criminal liability for more comprehensive redress for slavery and the slave trade as well as human trafficking harms.
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Another reason pretrial algorithms produce biased results is that they are exclusively built and trained with data from carceral knowledge sources – the police, pretrial services agencies, and the court system.
The Democratizing Potential of Algorithms?- 53 Connecticut Law Review
As scholars and policymakers alike grapple with the apparent fragility of many of the legal rules thought essential to guarding against an authoritarian executive, the post-Trump era is poised to join past periods in U.S. history as a time of sweeping structural reforms aimed at better checking the exercise of presidential power.
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In contrast to most other areas of the common law, property law has long taken its subject to be things first, with people entering the conversation mostly by way of their relationships with things— relationships that are assumed to fit an impersonal, transactional, one-size-fits-all model.
Reallocating Redevelopment Risk, 73 Cardozo Legal Studies Research Paper (Forthcoming)
Our analysis of the people who file now shows not only that they continue to come to bankruptcy with a variety of problems, but also, more importantly, that there are patterns in how these differences manifest in bankruptcy cases.
view paperThe body of law and practice that already imposes on government officials, in particular career officials, direct obligations to the incoming administration—obligations to facilitate the transition—simply needs to be strengthened, formalized, and in a few key places modified.
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Rather than waiting on federal actors to implement such reforms, and thereby effectively acquiescing in the gridlock of a divided government, officials at the state and local level should take responsibility for improving the institutions they manage.
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Given life without parole’s severity and permanency, one is left to wonder if arbitrary outcomes might have constitutional significance.
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Revising our collective understanding of these historical considerations dramatically reframes the relevant arguments in this epic dispute. No longer is the British Museum able to assert as its essential contention that Elgin’s Acropolis activities were authorized by proper Ottoman authorities.
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These state law claims that protect the individual private rights of owners of information are inadequate as the basis of a federal securities law concerned with such public policies as market integrity, efficiency and protection of investors.
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Tax policy remains an underutilized tool for combatting exclusion. Because economic motives lie behind much exclusionary zoning – and particularly fiscal zoning –economic incentives and disincentives have the potential to alter the calculus facing municipal decision-makers.
Title Insurance: Protecting Property at What Price? 99 Washington University Law Review (Forthcoming)
Regulation should adapt now that unicorns are multiplying, and we know they are not harmless. Unicorns do not need to be killed, but they should be tamed.
The End of Accidents, University of California Davis Law Review (Forthcoming)
Because courts and enforcers have relatively little experience with enforcement in social media markets, more research and learning about the welfare impact of increased consumption of these kinds of addictive and exploitative products is needed.
The Merger Review Paradox, Georgia Law Review (Forthcoming)
