LARC Cardoso Law (Yeshida Univ)
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Cardozo Law News Brief: May 9, 2025
Full text linkHighlights from the May 9, 2025 Cardozo Law News Brief include:
Professor Britta Redwood was selected for the 2025 Harvard/Stanford/Yale Junior Faculty Forum.
Alumnus Jaime Leggett ’10 appeared on the SPARKS podcast to discuss his legal career.
Professor Peter Markowitz was quoted in The New York Times on immigration enforcement.
Professor Jessica Roth appeared on CNN to discuss jury selection in the Diddy trial.
Other faculty news includes speaking events and editorial work by Professors Codrington, Zelinsky, and Drucker-Albert.https://larc.cardozo.yu.edu/news-brief-2025/1000/thumbnail.jp
Doubting Thomas and Questioning Stare Decisis Under the Roberts Court
Full text linkThe article critically examines the erosion of stare decisis under the Roberts Court, highlighting concerns about the Supreme Court\u27s increasing willingness to overturn established precedents. While acknowledging the importance of stare decisis in maintaining stability and equality, the author argues that its practical value is being undermined by ideological polarization and a departure from traditional legal reasoning. The article questions the Court\u27s recent approach to precedent, particularly in cases like Dobbs v. Jackson Women\u27s Health Organization and Students for Fair Admissions v. Harvard, and critiques the conservative majority\u27s aggressive use of judicial power
When Money Isn\u27t Money: The Second Circuit\u27s Gutting of the Discharge-For-Value Defense for Erroneous Payments
No full textClass of 2025 Graduates Elected to Order of the Coif
No full textCardozo School of Law proudly announced that 33 members of the Class of 2025 were elected to the Order of the Coif, the national honorary society that recognizes outstanding academic achievement in legal education. Membership is awarded to students who attain a high level of scholarship and to legal professionals who achieve distinction as lawyers, judges, or teachers. This honor reflects the graduates’ exceptional academic accomplishments and commitment to excellence in the law
Brief of Law Professors as Amici Curiae in Support of Respondent
No full textAmici are professors of law who have studied, taught, and written about prisoner litigation and about rights to jury trials. They submit this brief to share their views, based on that experience, on the proper interpretation of the Prison Litigation Reform Act) in light of the important jury trial rights at stake and the practical realities of prisoner litigation
Deepfakes Deconstructed
No full textWith the rapid advancement of photorealistic generative Al technology, the problem of sexually explicit deepfakes has grown more urgent than ever. Thanks to widely available Al systems, users can now easily create images that appear to depict real people engaging in sexual acts. Not only have Taylor Swift and other celebrities been targeted, but deepfakes are also now alarmingly prevalent in American schools
Immigration Justice Clinic Students Secure Major Court Victory in ICE Transparency Case
No full textStudents in the Kathryn O. Greenberg Immigration Justice Clinic secured a major legal victory in federal court, advancing transparency around the treatment of Black immigrants in detention. In a Freedom of Information Act (FOIA) case filed in the Eastern District of New York, the court granted the clinic’s motion for partial summary judgment, compelling ICE to release key demographic data linked to records of abuse and misconduct. The successful motion was drafted by recent graduates Rob Cook ’25, Keisy Germosen ’25, and Stacy Moses ’25, under the supervision of Teaching Fellow Ellie Norton, marking an important step in government accountability
The Jewish High Holidays Teach This Lost Democratic Virtue
No full textThese days demand humility, which includes acknowledging that we do not have a monopoly on truth
The Trump Administration’s Recent Removals to El Salvador Violate the Prohibition on Transfer to Torture
Full text linkSeveral of our colleagues have already provided excellent analyses of the fast-evolving legal and factual questions presented by President Donald Trump’s pretextual and abusive invocation of the Alien Enemies Act to transfer to El Salvador 238 Venezuelan men who it alleges are members of the Tren de Aragua gang. We are writing to flag a separate issue that this case has created, one that applies to anyone removed from the United States under any authority: the administration is sending people to a country where there is a quite significant risk they will be abused. Whatever the authority the administration might claim over their removal, the United States is nevertheless bound by the principle of non-refoulement, which prohibits the removal or transfer of human beings under such conditions. In sending the men at issue in this case to detention in El Salvador, a country and prison system with a known history of torture and other serious human rights violations, in addition to the facts that are already emerging about their treatment, the Trump administration has plainly violated the prohibition on refoulement
Leveling the Playing Field: Aligning Title IX and Title VII Sexual Harassment Standards to Ensure Equity for Female Hazing Victims
Full text linkAs hazing has become more common among student-athletes at colleges and universities throughout the country, litigants have used Title IX as a legal remedy to hold these educational institutions accountable for hazing practices on their campuses. However, while various male plaintiffs have brought successful Title IX cases alleging that their hazing experiences constitute actionable discrimination under Title IX, fewer women have had success in bringing such cases. This disparity looms especially large as the number of hazing incidents among women has grown and as intercollegiate athletics has transformed into a massive, lucrative industry. Since 2021, student-athletes have been able to profit from their name, image, and likeness and can be likened to “employees” due to their significant role in generating revenue and esteem for their colleges and universities. This Note attempts to reconcile the changing role of student-athletes with the stagnant legal standard that courts use to adjudicate hazing claims under Title IX. This Note argues that the Title IX peer-on-peer sexual harassment standard should be amended for hazing claims to be more aligned with the sexual harassment standard under Title VII, which addresses sexual harassment practices in the workplace