LARC Cardoso Law (Yeshida Univ)
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Cardozo Law News Brief: July 11, 2025
Full text linkThis Cardozo Law News Brief highlights the school’s 10th annual Pride Brunch, where students and alumni gathered to celebrate Cardozo’s LGBTQ+ community while watching the NYC Pride March. It also features a major Immigration Justice Clinic court victory advancing transparency in ICE procedures, with students playing a central role in the case. In the media, Professor Jacob Noti-Victor spoke to WIRED about Meta’s win in a landmark AI copyright case, and Professor Haiyun Damon-Feng was quoted in Law360 on the Supreme Court’s decision limiting universal injunctions. Additional scholarship news includes Professors Matthew Wansley and Samuel Weinstein’s co-authored article No Exit, featured in Bloomberg’s Money Stuff newsletter
The Myth of Slavery Abolition
No full textThe successful legal abolition of slavery and the slave trade of the nineteenth and twentieth centuries is a central and dominant narrative of international human rights law, a framework that is based on fundamental ideals of liberty, equality, and human dignity. While international law did abolish de jure and de facto slavery and the slave trade, these crimes persist in practice globally. As in some of the worst slave trades of the past--namely, the Trans-Atlantic and East African Slave trades in which millions of Africans were abducted and forcibly removed to the Americas, the Middle East, and Asia global capitalist economy remains dependent upon slave trade and slavery institutions, systems, and practices in which perpetrators exercise ownership powers over human beings in order to extract labor or otherwise subjugate them
Does Third Party Litigation Funding Need Regulations on Consumer Protection
No full textTranscript of a roundtable discussion during the Third-Party Litigation Symposium at the S.J. Quinney College of Law
P*LAW 2025: The Future of the National Labor Relations Act Under Trump
Full text linkA P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.https://larc.cardozo.yu.edu/flyers-2024-2025/1060/thumbnail.jp
International Conflict Resolution Processes
No full textThis interdisciplinary text presents the major forms of conflict resolution used in international disputes in a wide-ranging variety of topics. The text covers more traditional processes, including diplomatic and private party negotiations; conciliation; fact-finding; mediation; arbitration of commercial, trade, and investment disputes; and adjudication in the many international tribunals. It also presents many of the newer forms of hybrid dispute resolution, such as online dispute resolution and new forms of technology-assisted dispute resolution across borders; transitional and restorative justice innovations including Truth and Reconciliation Commissions and direct compensation by nation states to victims of human rights violations; and the ongoing evolution of how investor-state disputes are resolved.
This book presents interesting case studies, notes and questions, and problem sets for interactive learning. Separate chapters on dispute system design, ethics in international dispute resolution, and wicked and intractable problems (e.g., hybrid warfare, art theft, climate change, and conflict in the Middle East) make this a truly innovative text that includes material not typically covered in public and private international law courses.
The text focuses on different processes, with illustrations from a wide range of current and historical substantive public and private international conflicts, investment disputes, commercial disputes, diplomacy, international environmental law, international litigation, human rights, and international criminal law, among others. The text will be useful in a stand-alone international dispute resolution course, as well as an important supplement to both public and private international law courses.https://larc.cardozo.yu.edu/faculty-books/1126/thumbnail.jp
Commentary: Strong Discovery Laws Ensure Due Process
No full textLimiting discovery won’t curb recidivism. It will only increase wrongful convictions.
A dangerous narrative is emerging around Gov. Kathy Hochul’s proposed rollbacks to discovery law. Prosecutors and law enforcement claim these changes will prevent recidivism, with NYPD Commissioner Jessica Tisch arguing the current law hinders efforts to keep violent criminals off the streets
Law, Literature, and History: A Fateful Rendezvous with the Shoah
No full textThe author claims in this book that close readings of stories, from Bernhard Schlink\u27s The Reader and Guenther Grass\u27s The Tin Drum through Bernard Malamud The Fixer and Mary Ann Shaffer and Annie Barrows\u27 The Guernsey Literary and Potato Peel Pie Society, uniquely situates us to understand the clash of religious values that led to genocide in World War II Europe (including Great Britain). Most of the stories respond directly to this enormity, but some involve writers such as Shakespeare and Herman Melville, who, avant la lettre, pointed to seismic conflicts in law and religion.
Law and Literature methods uniquely permit the author to justify this assertion. Just as his work of history, Vichy Law and the Holocaust in France, grew out of a deep interest in Albert Camus (who also plays an important role in this manuscript), and just as it proceeded to analyze as texts various authoritative statements that contradicted each other and lied about Jews, but that found their way into French law books and theological discourse during Vichy, so throughout this book series, once closely examined, open the door to fathoming the violence caused by religious differences. Inspired in particular by James Carroll\u27s Constantine\u27s Sword and Harold Bloom\u27s Jesus and Yahweh, the book provokes its reader to seek answers to millennia of atrocities disguised as Judeo-Christian affinity and at the same time to re-engage with a series of superb stories.
The author is already seen as a pioneer of the modern Law and Literature movement and is associated with connecting stories to fraught questions about history. The book continues to impart actual data from the wartime period, innovated in Vichy Law and the Holocaust in France (NYU), but it is a work of law, literary criticism, and comparative religion. Weisberg has a PhD French and comparative literature from Cornell, taught those subjects on the graduate faculty of the University of Chicago, practiced and taught law at Cardozo Law School in NYC and in many venues around the world. He was awarded the French Legion of Honor for his work on behalf of victims of the Vichy regime . His previous books have been translated and reviewed widely.https://larc.cardozo.yu.edu/faculty-books/1128/thumbnail.jp
Locating Consumer Financial Regulation
Full text linkRecent advances in data-driven technology in consumer financial markets, commonly referred to as “fintech,” have resurfaced the question of whether and to what extent data, particularly consumers’ personal data, should be a locus for regulatory intervention in these markets. While innovation in fintech and the accompanying increase in the processing of personal data offer to improve the functioning of consumer financial markets, like all advances in technology, they also come with costs and risks. In 2024, in a move that favored the regulation of personal financial data per se and many of the traditional features of personal data protection regulation, the Consumer Financial Protection Bureau (CFPB or “the Bureau”) issued a new “Personal Financial Data Rights Rule.” The Rule seeks to mitigate the costs and risks of fintech and capture its benefits, specifically due to “Open Banking,” a fast-growing digital network that enables consumers to transfer their personal financial data between financial institutions.
As fintech innovation advances and the Bureau looks to personal data protection regulation as a model for regulating consumer fintech markets, this Article sounds a note of caution. As theory predicts and empirical evidence corroborates, despite its intuitive appeal, there are clear limits to the effectiveness of personal data protection regulation. The problem is not only the limitations of the traditional, mostly procedural and contractarian approach of personal data protection regulation, but also, more conceptually, the limitations of personal data per se as a locus for balancing the costs and benefits, and opportunities and risks, of data-driven innovation. This is increasingly true in a world of “big data” and sophisticated “artificial intelligence” systems.
Coming from a position of pragmatism, and using consumer credit markets as a case study, this Article cautions against overreliance on the logic and traditional features of personal data protection regulation in consumer fintech markets. Regulators should not rely too heavily on traditional features such as categorical ex ante limits on the flow of consumer data, high-level principles such as “data minimization,” or individual data processing rights such as consent and data deletion that require consumers to self-police and prevent harm. Rather, regulators should seek to facilitate the secure flow of consumer data in consumer fintech markets, while carefully controlling, through “product,” “conduct,” and “prudential,” regulation, how firms use and apply that data in the design and sale of digital consumer financial products and services. Thus, data use, rather than data flow, becomes the more meaningful locus for mitigating the costs and risks and capturing the benefits and opportunities of fintech innovation.
In making this argument, this Article also advocates for a more consequentialist approach to consumer financial privacy, whereby the benefits to some consumers resulting from the use of their data—such as access to more affordable credit—can be balanced against, and conceivably outweigh, any intrinsic harms due to the collection and transmission of personal data per se, or consequential harms to other consumers due to harmful uses of that data—such as higher cost, less affordable credit. Relatedly, this Article advocates for the greater pursuit of substantive fairness—more favorable substantive outcomes for consumers due to the use of their data—and not only procedural fairness in digital consumer financial markets. This Article’s conclusions could have broader implications for the methods and limits of personal data regulation in other digital consumer markets not limited to consumer fintech markets
The NYC Office of Administrative Trials and Hearings: Forty-Five Years of Delivering Impartial Adjudications and Providing Access to Justice
Full text linkIt was an honor to deliver the 2024 Uri and Caroline Bauer Memorial Lecture at the Benjamin N. Cardozo School of Law, and to follow in the footsteps of the many legal luminaries who have delivered this lecture before. Given their chosen professions, it may be fair to assume that Uri Bauer was a believer in the rule of law and Caroline Bauer was a believer in government. Accordingly, I would like to talk about those two topics as they relate to the work of the New York City Office of Administrative Trials & Hearings (OATH). First, after a general refresher on administrative law in cities and a brief overview of OATH, I would like to detail OATH’s fascinating history. Many people know what city agencies do, but how many of us know how they got started? Next, I will explore how, as an agency that is part of the executive branch, OATH remains an impartial tribunal. Lastly, I will examine the various ways that OATH takes steps to level the playing field and promotes access to justice in New York City
The Impossibility of Religious Equality
Full text linkThe Supreme Court has recently adopted a new rule of religious equality: Laws unconstitutionally discriminate against religion when they deny religious exemptions but provide secular exemptions that undermine the law’s interests to the same degree as would a religious exemption. All the Justices and a cadre of scholars have agreed in principle with this approach to religious equality. This Essay argues that this new rule of religious equality is inherently unworkable, in part because it turns on treating that which is religious the same as its secular “comparators.” But religion is not comparable to anything neither in terms of its essence nor its value. The current doctrine assumes that “religion” is always at least as valuable as all that is “secular”—that is, that religion qua religion is as valuable as, and thus must always be treated as well as, all that is simply “not religion.” This assumption lacks both conceptual coherence and a normative basis. It also renders religious “equality” a contradiction in terms as it establishes not religious equality, but religious superiority