LARC Cardoso Law (Yeshida Univ)
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Bribery Law: Is Anything Left?
No full textPart I of this Article discusses the traditional understanding of bribery that existed at common law at the time of the Founding and presumably is embodied in the reference to bribery in the Impeachment Clause of the Constitution. Part I additionally discusses the Emoluments Clause of the Constitution, which prohibits holders of federal office from receiving gifts, offices, and emoluments from foreign governments without consent of Congress. Part II discusses recent judicial developments weakening the traditional notion of bribery. Specifically, Section II.A discusses how the Supreme Court has narrowed the definition of bribery in the federal criminal code. Section II.B discusses how the Supreme Court has immunized the President from prosecution for official capacity crimes and made prosecution of a President even for some personal capacity crimes, such as bribery, difficult. Section II.C discusses how the Supreme Court has made bribery via campaign finance almost impossible for Congress and the states to regulate. Section II.D discusses how the Supreme Court has made itself immune from anticorruption regulation such as an enforceable ethics code. Part III discusses more current developments under the second Trump Administration, including scaling back of enforcement of the Foreign Corrupt Practices Act and Foreign Agents Registration Act, as well as the Justice Department seeking dismissal of New York City Mayor Eric Adams bribery indictment on political grounds and the rise and potential threat of cryptocurrency in the context of bribery. Part IV discusses the implications of a weakened notion of bribery on representative democracy. This Article concludes that bribery and other forms of corruption are a serious risk to representative democracy in the United States and that voters and officeholders in all three branches of our government must prioritize reform
The Supreme Court\u27s Specious Code of Conduct
Get PDFCongressionally imposed ethics enforcement would enhance the Supreme Court\u27s exercise of constitutional powers by reducing the interference of improper personal motives during its factual and legal determinations. The Court has long recognized the self-evident truth that no man can be a judge in his own case. The Framers recognized the limits inherent in human nature: humans are not angels. Accordingly, the Constitutional scheme of separated powers, as elucidated by Madison, [does] not mean that these departments ought to have no partial agency in, or no control over, the acts of each other. Congress rightly has the constitutional means and motive to promote due process by bolstering impartiality and the appearance thereof It can do so while also strengthening the Court\u27s proper constitutional role. Congress can and should enact an ethics enforcement mechanism that brings the Justices within a system that checks their individual interests. The Supreme Court\u27s ersatz Code, in its present form, is manifestly insufficient. With permissive language and no meaningful enforcement mechanism, the Code serves onlyas a clever loophole, designed to suppress public scrutiny ofthe Court, without enactingreal change
Scientist Zafra M. Lerman Accepts International Advocate for Peace Award at Cardozo
Get PDFOn March 6, 2025, scientist and humanitarian Zafra M. Lerman received the 24th Annual International Advocate for Peace Award from the Cardozo Journal of Conflict Resolution for her groundbreaking work in science diplomacy and human rights advocacy
Cardozo Law News Brief: September 5, 2025
Get PDFThis Cardozo Law News Brief highlights the arrival of Cardozo’s newest J.D. and LL.M. students, welcomed by Dean Melanie Leslie with words of encouragement to embrace their journey with joy and purpose. It also features the return of former professor Michelle Adams for a Floersheimer Center book talk on her new work The Containment. In the media, Professor Peter Markowitz spoke to amNewYork about Cardozo’s new Center for Immigration Innovation, Professor Jessica Roth appeared on PBS NewsHour to discuss the $500 million civil fraud penalty against Donald Trump, Professor Sam Weinstein commented to The Washington Post on the Google search monopoly ruling, and Professor Alex Reinert was quoted in Gothamist on Trump’s cashless bail executive order. Additional faculty scholarship and news include the Cardozo Law Institute in Holocaust and Human Rights’ contribution to a UN Special Rapporteur report, Professor Markowitz’s NPR podcast appearance, Professor Lindsay Nash’s article presentation at Fordham Law, Professor Reinert’s scholarship cited in federal courts, and Professor Gabor Rona’s blog post for the American Branch of the International Law Association
Dean Melanie Leslie’s Office Hors on the Trump Administration\u27s immigration Enforcement Tactics
No full textJoin Dean Leslie and Professor Lindsay Nash to discuss the immigration enforcement tactics of President Trump’s second term. Topics will include the intersection between immigration enforcement and political speech, the administration’s expansion of summary removal processes, the administration’s use of the Alien Enemies Act, and the administration’s recission of longstanding rules placing important constraints on immigration enforcement. The two will also answer questions raised by the student attendees.https://larc.cardozo.yu.edu/event-invitations-2025/1009/thumbnail.jp
A Conversation with Danielle Sassoon
No full textDanielle Sassoon is currently a senior fellow at the Manhattan Institute. Prior to her appointment as Interim U.S. Attorney in January 2025 by President Trump, Ms. Sassoon served as an Assistant United States Attorney in the Southern District of New York for over eight years. Among her notable cases as an Assistant U.S. Attorney were the prosecution of Lawrence Ray for racketeering conspiracy, extortion, forced labor, and sex trafficking, related to his abuse and exploitation of his daughter’s college roommates and others. She also investigated and prosecuted Samuel Bankman-Fried and others for the multi-billion-dollar fraud on customers of FTX.com. In 2024, Ms. Sassoon was awarded the FBI Director’s Award for Outstanding Criminal Investigation. In 2023, she was awarded the Women in Federal Law Enforcement Top Prosecutor Award.https://larc.cardozo.yu.edu/event-invitations-2025/1020/thumbnail.jp
Be Thankful I Don\u27t Take It All (\u27Cause I\u27m the Taxman) : Music Transactions, Catalog Sales, and Tax Treatment
No full textThis Note examines music catalog transactions from a tax perspective to determine the key considerations, benefits, and consequences of such a transaction, and then addresses why these characteristics are inconsistent with the purpose of copyright law. First, this Note addresses the copyright concepts that govern the music industry in Part I.B. In Part II, royalties are discussed as one method that musicians can rely on to earn revenue from their music, including a summary of how those earnings are taxed. In Part III, these findings will be weighed against similar considerations for the sale of an artist\u27s music catalog, including the benefits, consequences, and tax treatment of these transactions, from the perspective of both the buyer and the seller. Part IV proposes that songs should be reclassified as capital assets even before sale to reconcile the taxation of music assets with the goal of copyright law, which is to incentivize the creation of new works.
The purpose of this analysis is to understand the relative benefits and downsides of either method of earning income, to determine whether the financial and tax treatments of these two methods of earning revenue are equitable, and to determine what type of policy may improve musicians\u27 abilities to earn sufficient income
Antitrust And Console Gaming: Preventing Macrocompanies with Microtransactions
No full textThe note examines antitrust concerns in the console gaming industry, focusing on corporate consolidation and the impact of microtransactions. It argues that traditional antitrust strategies, such as foreclosure arguments, have proven ineffective in addressing these issues. The analysis suggests that microtransactions, particularly their role in exploiting consumers and consolidating market power, should be a focal point for new antitrust enforcement strategies. Regulators are urged to consider the broader implications of microtransactions on market structure and consumer welfare to develop innovative approaches to antitrust law