Faculty with Impact

Recent Scholarship Published by
Cardozo Law Professors and Other Work

Faculty with Impact

Recent Scholarship Published by
Cardozo Law Professors and Other Work




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.



Dispute Resolution Program

U.S. News & World Report


Intellectual Property Program

U.S. News & World Report



Heald & Sichelman

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Pamela Foohey (co-author)

Credit Scoring Duality

“Without widescale reforms of public policies, pointing to credit scoring, of any variety, as a way to help the economically disenfranchised will perpetuate the idea that merely ranking people has the potential to improve access and financial outcomes. In reality, the range of credit scoring techniques serve as another cog in wealth and economic inequality.”


Jocelyn Getgen Kestenbaum

Prohibiting Slavery & The Slave Trade

“Realist and critical legal scholars often have pointed out that overlegalization and over-judicialization are inappropriate, expensive, and possibly even counterproductive ways to address human rights violations. Little evidence exists, however, to suggest that international human rights law is over-legalized or over-judicialized.”


Betsy Ginsberg (Co-Author)

Pandemic Rules: COVID-19 And The Prison Litigation Reform Act’s Exhaustion Requirement

“The COVID-19 pandemic has placed in stark relief just how difficult it is for those in prison to get a hearing on the merits of their claims for emergency relief. The three types of solutions proposed in this article—the interpretative solution, the state or local solution, and the federal legislative solution—either alone or in combination, would alleviate some of the difficulties faced by incarcerated plaintiffs seeking emergency relief, increasing the possibility that courts would hear prisoner rights cases on the merits.”


Michael Herz

The False Allure of the Anti-Accumulation Principle

“Separation of powers may be a splendid or flawed system for allocating authority among the constitutionally established branches of government. But that the framers adopted a particular structure for the apex of government—and grounded it in the idea that the accumulation of different types of power in the same hands is to be avoided—provides no grounds to suppose that the internal structures of the component parts must also follow those same lines.”

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Young Ran (Christine) Kim (Co-Author)

State Digital Services Taxes: A Good and Permissible Idea (Despite What You Might Have Heard)

“The rise of the digital economy and the corresponding tax challenges requires new solutions. In response to the specific obstacle of untaxed consumption in the digital platform economy, policy makers in Maryland and abroad have found such a solution in the form of a DST. DSTs provide a reasonable answer to this problem (and others) and should not be dismissed easily.”


Kate Levine

The Progressive Love Affair With The Carceral State

“The criminal legal system remains an addictive “solution” for progressives engaged in work on behalf of those denied their rights, and sometimes their humanity, by our heteropatriarchal, white-dominant society. As I have argued, breaking this addiction is central to the work of radical decarceration.”


Jeanne Schroeder and David Carslon

Third Party Releases Under the Bankruptcy Code After Purdue Pharma

“Was Purdue Pharma a theft plan? We say no. The plan as written just expresses the concept of res judicata. It does not release third parties from tortious behavior they themselves committed. It gave precious little or no protection to the Sackler family, to the extent the Sacklers were tortfeasors.”


Anthony Sebok

The Rules Of Professional Responsibility And Legal Finance: A Status Update

“Too little attention has been paid to the fact that funders seek to bind lawyers with agreements intended to protect the funder’s interest in receiving their property held by the lawyer after the resolution of their clients’ matters.”

The Public Right and Wrongs: Tort Theory and
the Problem of Public Nuisance

Journal of Tort Law

The Deep Architecture of American COVID-19
Tort Reform 2020–21

DePaul Law Review


Kate Shaw

'A Mystifying And Distorting Factor:' The Electoral College And American Democracy (Reviewing Jesse Wegman, "Let the People Pick The President: The Case For Abolishing The Electoral College)"

“The presidency is a massively powerful institution. We can debate the desirability of that power and its consistency with constitutional design, but no one should want an unchecked president. It is a truism that the people represent the ultimate check on the president. As long as we have the Electoral College, that is no meaningful check at all.”


Stewart Sterk

Mitigating Catastrophe Risk for Landowners

“Not all disasters, however, are
created equal. Although advances in
modeling technology and judicious
use of modern financial instruments
expand the availability of insurance
against disasters, some risks may
remain uninsurable."


Saurabh Vishnubhakat (Co-Author)

The Coming Copyright Judge Crisis

“The strict remedial approach of Arthrex reveals that the strategy used a decade ago to cure the CRB’s similar constitutional problem in Intercollegiate is no longer valid. Because patent law has made CRJs unconstitutional (again), action is necessary, and the best fix is for Congress to make CRJs Presidential appointees subject to Senate approval."


Matthew Wansley


“If venture carveouts successfully commercialize AVs, the engineers who built the technology will rightly receive credit. But they should save some champagne for the lawyers.”


Samuel Weinstein (co-author)

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response

“We identify a more fundamental challenge posed by algorithmic pricing: in many markets it will raise prices for consumers even in the absence of collusion. The result could be a massive redistribution of wealth from buyers to sellers.”

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