LARC Cardoso Law (Yeshida Univ)
Not a member yet
9951 research outputs found
Sort by
Cardozo Law News Brief: February 14, 2025
No full textHighlights from the February 14, 2025 Cardozo Law News Brief include:
Associate Judge Caitlin J. Halligan was announced as the keynote speaker for Cardozo’s 47th Commencement.
Professor Jessica Roth appeared on CBS Mornings, The Washington Post, and PBS NewsHour discussing the Luigi Mangione case and corruption charges involving Mayor Eric Adams.
Professor Lindsay Nash spoke to City Limits about the impact of the Laken Riley Act on immigrant communities.
Faculty updates include:
Ellen Drucker-Albert edited the latest issue of Association of Jewish Libraries’ News and Reviews.
Professor Andrea Schneider co-authored International Conflict Resolution Processes with Carrie Menkel-Meadow.https://larc.cardozo.yu.edu/news-brief-2025/1008/thumbnail.jp
NYC’s Sanctuary Law Helps Defeat Crime
No full textNew York City’s immigration sanctuary laws are under attack. President Trump, and more recently Mayor Adams, claim that the city’s refusal to participate in federal deportations undermines public safety. Lost in the public debate, however, is the reality of how these laws were specifically crafted to help the NYPD fight crime
The Immigration Subpoena Power
Full text linkFor over a century, the federal government has wielded the immigration subpoena power in darkness, forcing private individuals, subfederal governments, and others to help it detain and deport. This vast administrative power has remained opaque even to those who receive these subpoenas and invisible to those it affects most. Indeed, the very people targeted by these subpoenas often don’t know they exist, much less how they facilitate arrest and deportation. For these reasons—and more—this power has escaped the legal battles raging over other immigration enforcement tactics and the scrutiny of journalists, scholars, and courts. Thus, as state- and locality-held information has become central to immigration enforcement, this power raises urgent questions about when, how, and with what constraints the federal government uses it more broadly.
This Article provides the first comprehensive account of the immigration subpoena power. Drawing upon previously undisclosed agency records and an original dataset reflecting thousands of subpoenas issued nationwide, this Article shows how Immigration and Customs Enforcement (ICE) deploys a power created to facilitate racial exclusion at the border to reach deep into our communities and people’s lives. It demonstrates how ICE uses subpoenas to pierce state and local sanctuary laws and force subfederal governments—and others—to become unwilling partners in arrests, detention, and removal. And it exposes a range of other unlawful practices.
These findings shed vital light on the immigration subpoena regime. They help resolve important constitutional questions, illuminate new constraints, and offer lessons that transcend the immigration realm
In Congress, a Welcome, But Flawed, Step to Stop Trump’s Transfers to Torture
Full text linkSenate Democrats are demanding the Trump administration provide information on its transfers to torture in El Salvador, including actions it has taken in response to court orders. On May 1, U.S. Senators Tim Kaine (D-VA), Chris Van Hollen (D-MD), Chuck Schumer (D-NY), and Alex Padilla (D-CA), introduced legislation outlining the questions they want answers to. Representative Joaquin Castro (D-TX) is leading companion legislation in the House
International Holocaust Remembrance Day: Commemorating The 80th Anniversary of The Liberation of Auschwitz
Full text linkhttps://larc.cardozo.yu.edu/flyers-2024-2025/1050/thumbnail.jp
Madeleine Albright: The Original Madam Secretary
No full textMadeleine Albright, the first woman to serve as US Secretary of State, redefined American diplomacy with her sharp intellect, perseverance, and strategic negotiation skills. From escaping totalitarian regimes as a child to shaping global policy, Albright’s career was marked by a commitment to democracy, multilateralism, and human rights. Her diplomatic legacy includes crucial negotiations on North Atlantic Treaty Organization (NATO) expansion, the Kosovo intervention, US–Cuba relations, and the Middle East peace process, where she demonstrated resilience, preparation, credibility, and charm. This chapter examines Albright’s impact on international relations, her ability to navigate complex negotiations with world leaders, and the negotiation strategies she employed, including coalition building, personal diplomacy, and strategic messaging. Her legacy serves as a guide for leaders and diplomats, proving that toughness and empathy can coexist in high-stakes diplomacy.https://larc.cardozo.yu.edu/faculty-chapters/1112/thumbnail.jp
Placing Constitutionally Conforming Interpretation in its Larger Theoretical and Political Contexts
No full textConstitutionally conforming (judicial) interpretation (CCI), which roughly corresponds to constitutional avoidance in the US, or its functional equivalents prevail in a very large number of jurisdictions. This is the case in the context of nation-state constitutions as well as in transnational legal pluralism such as that prevalent in the European Union (EU). Logically, CCI seems legitimate and desirable whenever only one of several plausible interpretations of a statute makes the latter consistent with the relevant constitution or hierarchically superior legal norm. CCI appears particularly well suited to foster legal harmony and to bolster the rule of law. Yet, somewhat paradoxically, CCI is highly contested in certain settings where it is characterized as amounting to judicial overreach. What is even more surprising is that CCI has been more criticized in certain settings where parliamentary supremacy prevails, such as the UK, than in others, such as the US, where constitutional adjudication cannot be for all practical purposes superseded.The purpose of the present chapter is to place CCI in its national and transnational dimensions in the proper theoretical and political context. First, the potential and limitations of CCI are considered in terms of the canons of judicial interpretation. Next, focus bears on the impact on CCI fostered by the concurrent internationalization of constitutional law and constitutionalization of international law. Finally, CCI is evaluated in terms of questions concerning democracy and politics.https://larc.cardozo.yu.edu/faculty-chapters/1110/thumbnail.jp
Taxing Litigation Finance
Full text linkThe emerging litigation finance industry has the capacity to expand access to justice but also raises important legal and ethical questions. Although much has been said about the industry’s potential to increase frivolous lawsuits and permit improper control over a claim by the funders, scholarly discussion on the proper tax treatment of the parties involved has fallen by the wayside. The problem arises in classifying litigation finance contracts as either a nonrecourse loan, immediate sale, or variable prepaid forward contract, all of which discretely impact the timing and character of income. Unfortunately, courts have traditionally found it difficult to draw clear distinctions between these three categories for tax purposes, and the opaque industry combined with the complexity of the transaction enhances the confusion. The consequences are tax uncertainty and an opportunity for taxpayers to engage in aggressive tax planning by structuring transactions to obtain favorable tax treatment without altering their economic position. This Article proposes a customized, multifactor analysis to identify the true nature of litigation finance transactions and impose proper tax treatment. The bedrock of the proposal is the concept of tax ownership, which in the litigation finance context can be streamlined into two key factors: economic risk and legal control of the claim. Emphasizing the legal control factor may address the agency problems inherent in litigation finance. As the industry develops, this Article calls on tax policymakers and regulators to reduce the current tax uncertainty by integrating this multifactor analysis when issuing future guidance and imposing disclosure obligations
P*LAW 2025 Celebrates Public Service
Full text linkAnnual Public Interest Law Advocacy Week (P*LAW) 2025, hosted by the Center for Public Service Law, featured 12 panels on social justice topics, planned and moderated by over 30 students, with contributions from alumni, faculty, and legal experts
Entrepreneurship and Community Business Clinic Making an Impact in California
Full text linkIn February 2025, Cardozo Law’s Entrepreneurship and Community Business Clinic visited California, where students led workshops, met with Judge Ana de Alba, and provided legal support to local entrepreneurs