LARC Cardoso Law (Yeshida Univ)
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Equitable Incorporation: How History and Tradition Can Progressively Redefine the Fourteenth Amendment
No full textThe Fourteenth Amendment, designed to ensure equality before the law, has been misinterpreted by the Supreme Court through its incorporation doctrine, leading to rulings that harm marginalized communities. The article advocates for Equitable Incorporation, a doctrine requiring courts to consider the impact of their decisions on historically discriminated groups, ensuring the Amendment\u27s purpose of equity and justice is upheld. This approach would necessitate the incorporation of unincorporated rights and reinterpret existing ones to reflect the Amendment\u27s equitable intent
Kenneth Chesebro and the Ethics of Election Subversion
No full textThis Article examines the role of attorney Kenneth Chesebro in orchestrating the fake electors plot following the 2020 US presidential election. It traces Chesebro\u27s transformation from a Harvard-educated lawyer with Democratic ties to a key architect of Donald Trump\u27s post-election strategy to derail the transfer of power to Joseph Biden. Part I provides a detailed chronology of Chesebro\u27s activities between November 2020 and January 2021, revealing how his legal advice evolved from preserving legal rights in Wisconsin to a coordinated plan to impanel alternate electors across multiple battleground states as a pretext for the Vice President to intervene unilaterally in the Congressional certification of the national election on January 6 Part II analyzes the professional discipline case against Chesebro under Model Rule 8.4(c). It examines the principal elements of Chesebro\u27s strategy and argues that his conduct appears to have involved dishonesty, fraud, deceit, or misrepresentation, warranting professional discipline. Part III interrogates Chesebro\u27s moral culpability, contending that his actions represent not merely a violation of professional conduct rules but a profound betrayal of public trust and democratic principles. This Article concludes that Chesebro\u27s moral culpability transcends his violations of the professional conduct rules. By pursuing increasingly aggressive strategies to overturn Biden\u27s legitimate victory without evidence of outcome-changing fraud, by offering a would-be autocrat with a blueprint for how to subvert the collective will ofthe voters in contravention of the U.S. Constitution, federal and state laws, and by using his legal expertise to peddle implausible theories designed to exploit procedural leverage to advance a naked power grab, he demonstrated a mind-blowing willingness to undermine democracy itself Chesebro betrayed the public trust in ways that existing professional conduct rules, which lack explicit duties to preserve democracy, cannot adequately capture or address
2024-2025 Annual Report
Get PDFThe Heyman Center FY25 Report highlights the Samuel & Ronnie Heyman Center on Corporate Governance at Cardozo School of Law, detailing its 2024–2025 programs in business and corporate law. It showcases events with leading scholars and practitioners, a wide curriculum with clinics and specialized programs, the selective Heyman Scholars Program, and the leadership of Executive Director Fabian Eichentopf alongside faculty directors and affiliated professors, emphasizing the Center’s role in shaping ethical business attorneys and future leaders.https://larc.cardozo.yu.edu/heyman-center-reports/1003/thumbnail.jp
Labor, Leisure, and Law
Get PDFAmericans work harder than their counterparts in many other advanced economies. While many predicted that technological progress would eventually make work obsolete, Americans continue to pull long hours. Although stories of worker burnout and “quiet quitting” suggest that this situation is not a good fit for everyone, any problems are largely invisible to the conceptual frameworks that dominate the analysis of law. These frameworks normally assume the goal of maximizing production and often treat the human preference for leisure as a problem to be solved. This Article analyzes the problem of overwork. In doing so, it surfaces legal and policy mechanisms that may be leading workers to choose—or to be forced into— hours that are personally or socially suboptimal. Law and policy can construct market conditions and norms in ways that distort workers’ choices between labor and leisure. Law also often directly encourages a one-size-fits-all approach to work that is not appropriate for all workers. Beyond sharpening an analytical toolkit for understanding problems outside the normal framework of maximizing production, the discussion identifies a range of policy mechanisms that could help address the problem of overwork
Cardozo Law News Brief: June 27, 2025
No full textThis Cardozo Law News Brief highlights the election of 33 members of the Class of 2025 to the Order of the Coif, recognizing their academic excellence. Faculty in the media include Professor Alexander Reinert in Bloomberg Law on the Supreme Court’s decision upholding Tennessee’s ban on gender-affirming care for minors, Professor Anthony Sebok in Law360 on the Senate’s proposed litigation finance tax, Professor Sam Weinstein in the Wall Street Journal and NPR on antitrust issues involving X and Google, Professor Lindsay Nash on NPR discussing ICE’s unprecedented subpoenas to states, and Professor Matthew Wansley in The New York Times on Tesla’s robotaxi rollout. Additional faculty scholarship and news include Professor Rebecca Ingber’s podcast appearance on Strict Scrutiny, University Professor Michel Rosenfeld’s participation in a French radio panel on justice in modern societies, and coverage of Professor Edward Zelinsky’s ongoing remote tax case in Tax Notes Today State
Write What You Know
Get PDFWriting a fact pattern is more challenging than it looks. This is something I learned when I created my first fact pattern for Advanced Legal Research. To accomplish this, I relied on the maxim, “Write what you know.
P*LAW 2025: Access to Housing Justice: Eviction Diversion Programs
Get PDFA panel discussion on eviction diversion programs and access to housing justice, held on January 28 in Room 1008. The event featured speakers from the National Center for State Courts, Center for Justice Innovation, Urban Justice Center, and Mobilization for Justice. Moderated by Nathenial Newman and Julia Leibman, both Cardozo Law Class of 2027.https://larc.cardozo.yu.edu/flyers-2024-2025/1057/thumbnail.jp
P*LAW 2025: International Law and Human Rights in Israel and Palestine
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1054/thumbnail.jp
Motion for Leave to File Brief of Law Professors Sarah Fackrell, Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat as Amici Curiae in Support of Defendant-Appellee and Affirmance
Get PDFAmici professors Sarah Fackrell (who previously published under the name Sarah Burstein), Eric Goldman, Elizabeth Rosenblatt, and Saurabh Vishnubhakat, respectfully move for leave to file a brief in support of Appellee in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3). The brief is being tendered herewith. All parties have received notice of the filing of this brief. Counsel for Appellee AccEncyc US consents to the filing; counsel for Appellants Jacki Easlick LLC, JE Corporate LLC, indicated, after multiple requests over a seven-day period, that they are unable to state a position on the filing of the brief