LARC Cardoso Law (Yeshida Univ)
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Three-Stripe Life: How Adidas Can Act as a Model in Trademark Disputes by Promoting Internal Alternative Dispute Resolutions
No full textThis Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses at large could benefit from preemptive mediation and negotiation, as most lawsuits are expensive and time-consuming
Harmonizing Copyright: Navigating Pop Music\u27s Creative Landscape in the Era of \u3ci\u3eArnstein\u3c/i\u3e and \u3ci\u3eKrofft\u3c/i\u3e
No full textThis Note explores how the Arnstein and Krofft tests negatively impact pop music in an age where pop music is constantly evolving. It discusses the specific ways in which the tests can discourage creativity, innovation, and fair competition in the pop music industry. It also argues for reform of copyright law to address the shortcomings of the Arnstein and Krofft tests. Part I defines and provides a brief overview of the history of pop music and copyright infringement, while also discussing the importance and economic value of pop music in society. This Part also explains the gravity behind these claims, and why they are a serious problem for the music industry. Part II discusses the basics of copyright law, including the exclusive rights of copyright holders, as well as the fair use doctrine. This Part also provides an in-depth analysis of key case law relating to copyright infringement and the importance of these precedents going forward.
Part III begins by analyzing this case law, highlighting the main deficiencies of the Arnstein and Krofft assessments. Part III then concludes by stressing the need for a new system, one that puts an emphasis on objectivity, fairness, and the defendant\u27s intent rather than just the similarity behind the two pieces of work
Self-Determination and the Climate Crisis
No full textPeople in U.S. territories are on the front lines of climate change, with global environmental changes representing an existential threat to their well-being and way of life. In December 2024, the International Court of Justice considered a landmark case brought by Indigenous communities in the Pacific to consider what obligations United Nations members states have under international law to protect the planet from greenhouse gas emissions for future generations. One key argument was that global pollutors and the climate change they create infringe on the right to self-determination for Indigenous communities throughout the Pacific. How should the right to self-determination be understood in an era of unprecedented external threats to the environment of Pacific Islands communities
The New NIL Deals in College Sports
No full textThe world of college sports is undergoing a major transformation with the introduction of new rules governing Name, Image, and Likeness (“NIL”) deals. NIL refers to a college athlete’s right to profit from the commercial use of their name, image, and likeness as part of their personal brand. Prior to 2021, student-athletes were prohibited from entering into agreements that allowed them to profit from their fame. That changed in 2021, when athletes were granted NIL rights and permitted to monetize their athletic ability. Today, athletes sign major contracts not only with traditional sports brands such as Nike and Adidas, but also with non-athletic companies, including fast-food chains like Popeyes. For example, former Colorado quarterback Shedeur Sanders reportedly held a 3.8 million in 2023.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on October 22, 2025
Rights of Immigration Detainees to Acute Medical Care
No full textThe US Immigration and Customs Enforcement (ICE) detention system currently exceeds stated capacity, holding more than 60 000 people in detention centers across the nation. Noncitizens are more likely to be uninsured and report fair to poor health and may present for acute medical treatment from detention facilities or the community immediately following arrest or be taken into custody on hospital premises—a location no longer protected from ICE visitation.
In this context, what rights do immigration detainees have to medical care, what bars must we meet as their clinicians to uphold our obligations to treatment under difficult circumstances, and what can health systems do to codify interactions with law enforcement? This is an evolving environment, and clinicians may need to deliver care under circumstances where the law may be unclear or unenforced. Herein, we describe current policy and legal principles guiding care of undocumented immigrants who require acute medical care while detained so that clinicians and institutions can understand baseline protections, recognize when practices deviate from declared standards, and deliver effective, confidential, and equitable care in our rapidly changing landscape
Cardozo Entertainment Law Conference
No full texthttps://larc.cardozo.yu.edu/flyers-2025-2026/1041/thumbnail.jp
Join The Cardozo Real Estate Association In Hosting Gibson Dunn
No full textCome learn about the firm and the real estate law field !https://larc.cardozo.yu.edu/flyers-2025-2026/1037/thumbnail.jp
DExit Averted ? Corporate (Re-)Domestication After SB 21
No full texthttps://larc.cardozo.yu.edu/flyers-2025-2026/1049/thumbnail.jp
Resolving the Class Action Paradox
No full textA paradox exists at the core of class actions. They were designed to perform a valuable function, protecting and compensating individuals who would not otherwise have legal recourse, yet in practice they have effectively silenced and disenfranchised class members, leaving them unaware and uninformed of litigation commenced on their behalf, the nature of their potential claims, and the damages they may seek. In this Article, we take three significant steps toward resolving the class action paradox. First, we unpack recent scholarship that led to the introduction of “representational notice,” a mechanism that leverages advances in technology and the social sciences to gather and parse class members’ preferences regarding class counsel and litigation outcomes at the outset of the litigation. Second, the Article provides inside details on how, a few months after representational notice was introduced to the legal academy, it was effectively implemented in the 23andMe data breach litigation. For a class of an estimated seven million persons, class action attorneys teamed up with legal scholars to afford prospective class members a voice. While the 23andMe litigation represents unprecedented progress—for the first time in large-scale commercial litigation, class members could share their preferences—the journey toward fully actualizing class member participation is far from complete. This brings us to the final step taken in this Article. We analyze representational notice’s debut in practice and identify challenges: how can a class speak fairly (without disregarding subsets of class members), efficiently (without hindering the efficiency gains of current class action procedures), and accurately (yielding information that truly represents what it purports to represent, as well as being digestible and actionable)? We then provide an essential blueprint for representational notice surveys across four key areas: administration, design, dissemination, and analysis, including the specific substance that representational notice should contain. By adhering to this blueprint, the class action paradox can be resolved, the momentum toward robust class member representation sustained, and a more inclusive, responsive, and just class action system fostered
Cardozo Law News Brief: March 21, 2025
Full text linkHighlights from the March 21, 2025 Cardozo Law News Brief include:
Daniel J. Dominguez ’05 honored at the 15th Annual BALLSA Celebration, where three students also received awards.
Professor Matthew Wansley quoted in The New York Times on Tesla’s permit for robotaxi services in California.
Professor Zalman Rothschild published an opinion piece in The Washington Post about Hasidic education and the right to secular learning.
Professor Haiyun Damon-Feng discussed immigration authority and birthright citizenship in Bloomberg Law and the Miami Herald.
Professor Saurabh Vishnubhakat published in Nature Biotechnology and presented at major conferences on trade secrets and IP law.https://larc.cardozo.yu.edu/news-brief-2025/1004/thumbnail.jp