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Message From
Dean Melanie Leslie

Cardozo's reputation for academic excellence is rooted in the scholarship of our faculty, whose work shapes law and policy. I'm proud to share with you some of the recent works of my colleagues that have appeared in major media outlets. I hope you find them thought-provoking.

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MelanieBooks Cropped

Jessica Roth
Federal Prosecutors Say The NYC Subway Shooting Was Premeditated 

I imagine what they'll do next is go through voluminous evidence that's already been seized from the apartment he rented, from his social media accounts, items from the train-sifting through that, processing it, and presenting it to a grand jury to seek an indictment.

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Ekow Yankah
Ketanji Brown Jackson Showed Grace Under Pressure

Ketanji Brown Jackson will be the first Black woman on the Supreme Court after navigating a contentious and sometimes dishonest confirmation process. She kept not just cool, but real graciousness and grace under the wilting fire.

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Kate Shaw
Some Republicans Continue To Push For 'Decertification' Of 2020 Election

The Constitution contains no mechanism for decertifying an election. Article II and the 12th Amendment, together with the Electoral Count Act, set forth the steps for counting state electoral votes and naming the president," said Shaw. "That happened in January 2021, and that bell cannot be unrung, whatever transpires in the states afterward.

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Chris Buccafusco
The Wall Street Journal
Katy Perry Wins Appeal Over ‘Dark Horse’ Copyright Lawsuit

Lawsuits between little-known artists and big-name stars are becoming more common, in part because music is easier to find, and fans can alert artists to similarities. There’s little to lose for lesser-known performers, even if they don’t earn any money. Publicity around a lawsuit can generate streams for their songs.

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Deborah Pearlstein
Efforts To Trump-Proof Presidential Certification Crash Into Congressional Realities

Deborah Pearlstein, a constitutional law professor at Yeshiva University’s Cardozo Law School, suggested some “low-hanging fruit” changes to lawmakers that include raising the bar for substantive challenges to electoral votes and establishing a remedy if the House and Senate disagree on how to resolve a disputed set of electors.

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Myriam Gilles
#MeToo Bill Poised To Shake Silicon Valley

Many startups continue to force arbitration in situations of alleged sexual misconduct. We’re going to see a ton of emails go out in the next week indicating that this is now the law. I’m concerned that the bill leaves out the people who are most deserving of judicial adjudication in the tech industry and beyond. 

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Dean Melanie Leslie
The Activision Blizzard Lawsuit Could Be A Watershed Moment For the Business World. Here's Why

"Most important, internal investigations do little to get at the real problem -- the need to change a particular corporate culture. What's really needed is effective ethical leadership." 

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Pamela Foohey
Bloomberg Law
J&J Competing Cancer Victim Groups Complicate Unit’s Bankruptcy

Tort victims in general want their own committee apart from unsecured creditors because they’re often looking to get different information from the debtor. The problem is that every committee that is appointed is a financial drain on the business, so there’s less money for everyone to go around.” 

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Kate Levine
The Washington Post
When Police Kill People, They Are Rarely Prosecuted And Hard To Convict 

It’ll be much harder for Mr. Chauvin to claim the usual justification of self-defense than it is when there are shooting deaths. It’s very hard for him to say, ‘I was in fear for my life when I knelt on this man’s neck.’

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Sam Weinstein
Yahoo! Finance
Apple CEO Tim Cook Is Right — A More Open iPhone Could Carry A Hidden Cost For Consumers

Antitrust courts don't care so much about safety — they care about competition. So I'm wondering if that's ever been a persuasive argument.

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Alexander Reinert
The New York Times
Cracks In A Legal Shield For Officers’ Misconduct

The Supreme Court remains very committed to qualified immunity being a forceful defense in civil rights cases and certainly in police excessive force cases.

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Rebekah Diller and Leslie Salzman
Business Insider Op-Ed
It's Not Just Britney Spears — Over A Million Adults In The U.S. Are Under Legal Conservatorships, And They Often Fail To Protect Those They Are Meant To Help

Today, in most states, courts are supposed to consider less restrictive alternatives and narrowly tailor any guardianship order to preserve maximum autonomy. Yet these reforms, which are often ignored in practice, have not gone far enough.

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Anthony Sebok
N.J. Federal Court May Require 3rd-Party Funding Disclosures

I don't think it's going to directly affect anyone's decision whether to seek funding. What I do think it is going to do is indirectly affect whether or not they are offered funding.

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Laura Cunningham
NY Attorney General Has Been Looking Into The Taxes Of Trump Organization CFO For Months, Sources Say

Direct payments for someone else's tuition from a person to a school would not raise red flags for tax law violations. But it's a different story if the tuition or medical payments are coming from someone's employer.

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Lela Love
Business Insider

VC Tim Draper Just Gave Seed Funding To A Startup That Wants to Disrupt The Multi-Billion Dollar Business Of Settling Disputes

Fairness is based on mutual, contractual agreement in arbitration. It also needs to be a truly neutral mechanism that isn't swayed by gender, geography, or race, like in jury selection.

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Kathryn Miller 
Supreme Court Rejects Restrictions On Life Without Parole For Juveniles

A lot of times these judges really want to still focus on the facts of the crime even though it is years or decades later. They're not interested in the rehabilitation narrative.

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Edward Stein
The New Yorker
How Polyamorists And Polygamists Are Challenging Family Norms

Many polyamorists claim to have been drawn to nonmonogamy for as long as they have experienced sexual desire, and that many nominal monogamists have intractable difficulty remaining that way, suggesting that a polyamorous orientation may be both innate and immutable.

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David Rudenstine
The New York Times
The Pentagon Papers Decision, Hailed As A Flat-Out Free-Speech Victory, In Reality, Had A More Complicated Effect

What would be the law today if the case had come out differently? It’s very possible that there could have been a prosecution of The Times. That would have changed American law quite a lot.

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