LARC Cardoso Law (Yeshida Univ)
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Cardozo Law News Brief: October 31, 2025
Highlights from the October 31, 2025 Cardozo Law News Brief include:
The Perlmutter Center for Legal Justice secured the release of Ernest Taylor, who served 22 years in prison for a minor theft under outdated sentencing laws.
Professor Luís Carlos Calderón Gómez spoke to NBC News about the legal structure and valuation hurdles surrounding OpenAI’s nonprofit-to-for-profit transition.
Faculty news includes:
Professor Gabor Rona chaired and spoke on two panels at International Law Weekend, including one with Professor Rebecca Ingber, focused on the legality of U.S. lethal strikes.
Professor Edward Zelinsky’s ongoing litigation challenging New York’s remote tax rule was featured in Bloomberg Tax
Healing an Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through ADR
This Note will argue that Alternative Dispute Resolution ( ADR ) can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is an expert in the relevant areas of law-for example, probate, internet, and constitutional law-who can guide the conversation and suggest practical solutions
Don\u27t Bet on It: Sports Betting and Consequential Detrimental Impact
In 2018, the U.S. Supreme Court\u27s decision in Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA). Since 1992, this federal law had prohibited most states from allowing sports betting, with some limited exceptions. Following the landmark ruling in Murphy, 39 states and the District of Columbia have moved to permit variousforms of legalized sports betting. The industry is growing exponentially, reaching almost 14 billion in revenues.
Both states and professional sports leagues are profiting handsomely from this burgeoning new sector. Unfortunately, legalized sports gambling is not without negative consequences; studies show it can lead to addiction as well as financial and mental health distress. Betting on sports now has a similar feel to investing in the stock market, but provides instant gratification (or loss, as is more often the case). Utilizing data available from six years of legalized sports betting and numerous studies,2 this article shows that sports betting, especially for the targeted demographic (males 18-40), detracts from the capability to invest long term as well as save for retirement.
Since sports betting will continue to grow for the foreseeable future, this article provides insights on the sector, as well as potential guardrails and policies to address the associated detrimental impact
Duped: The Implications of The Proliferaiton of Superfake Luxury Goods and What Consumers May Not Have Considered
The proliferation of Superfake luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues
Indigenous Rights and U.S. Territories
While Indigenous rights have received increased attention both at the international level and in the United States in recent years, Indigenous communities in U.S. territories often find themselves excluded and alienated at both the international and domestic levels. International regimes, including those focused on decolonization and self-determination, have largely excluded a focus on Indigenous communities in Pacific territories. Domestically, these communities are generally left out of national-level conversations about Indigenous rights. There also remain important unanswered questions about whether and how Indigenous rights in U.S. territories can co-exist with U.S. constitutional requirements. How can Indigenous communities in U.S. territories build greater solidarity with other Indigenous communities to ensure their rights and ability to exercise self-determination are protected under both international and domestic law
The \u3ci\u3eInsular Cases\u3c/i\u3e and International Law
The Insular Cases relied on 1900s conceptions of international law to depart from well-established U.S. constitutional principles to develop a legal framework that embraced the undemocratic colonial rule of millions in overseas U.S. territories. However, understandings of international law have shifted dramatically since 1900, now embracing decolonization and self-determination as peremptory norms of international law. As we approach the 125th Anniversary of the Insular Cases, how should international law interact with and impact the domestic legal frameworks governing the 3.6 million people who live in U.S. territories today
Resistance: The Mura Struggle Against Canadian Potash Mining in Brazil’s Amazon
A comprehensive human rights and environmental report documenting the Mura Indigenous people’s resistance to Brazil Potash’s Autazes Potash Project in the Brazilian Amazon. The report details environmental risks, human rights violations, failures in consultation processes, litigation history, corporate accountability, and the ongoing struggle for land demarcation.https://larc.cardozo.yu.edu/clihhr-reports/1004/thumbnail.jp
The Trump Law Firm Intimidation Policy: A Look Inside the Wreckage
The Trump Administration has engaged in what the ABA has called a “Law Firm Intimidation Policy”; intended to change how America\u27s largest and most prestigious firms practice law.
Nine firms have “settled” with the Administration, while four firms have filed suit to enjoin the Administration\u27s actions, and have won some early victories. Other firms have expressed their opposition to the admiration’s policy in various ways. After more than half a year, what lessons, if any, can be drawn from the bar\u27s response to the Law Firm Intimidation Policy? Were predictions that the Administration\u27s efforts would cause significant harm to the practice of law overblown, or is it too early to draw a conclusion? Finally, we will consider what, if anything the bar—and law schools—should do now.https://larc.cardozo.yu.edu/event-invitations-2025/1032/thumbnail.jp
DExit Averted? Corporate (Re-)Domestication After SB 21
Please join us for a panel discussion on the long-term impacts of Delaware Senate Bill 21 on corporate (re-)domestication.
Corporate lawyers know Delaware as the home of most of America’s corporations, due to its relatively favorable laws, competent courts, and robust precedent. In recent years, other states have shown ambitions to compete with Delaware as new havens for corporate existence. In response, Delaware Senate Bill 21 has aimed to fend off challenges, address disadvantages of Delaware’s established system, and reassert Delaware’s dominance. In a panel discussion with prominent attorneys and scholars of corporate governance, we will explore the long-term impact of SB21 on this dynamic.
Moderator: Gustavo Bruckner (Pomerantz) Panelists: Edward Rock (NYU); Eric Talley (Columbia); Christopher Kupka (Fields Kupka & Shukurov); Phil Richter (Fried Frank)https://larc.cardozo.yu.edu/event-invitations-2025/1030/thumbnail.jp
Dispute Resolution: Why Ireland Works for International Business Law
As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.https://larc.cardozo.yu.edu/event-invitations-2025/1039/thumbnail.jp