LARC Cardoso Law (Yeshida Univ)
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Mapping State Reactions to the ICC Arrest Warrants for Netanyahu and Gallant
Get PDFOn Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does not provide immunity for heads of state from criminal prosecution in international criminal courts, or at least not before the International Criminal Court. This position could be a source of tension for those states that support a customary international law rule providing head of state immunity before international tribunals, but are also bound by treaty to comply with the Court’s warrants and requests for arrest
The Jewish Legal Tradition
No full textThis book provides an in-depth exploration of the Jewish legal tradition, or halakhah, through the lens of modern legal philosophy. The interdisciplinary approach of the book makes complex ideas accessible, offering insights into how Jewish legal thought both parallels and diverges from modern legal theory. By examining primary sources through a contemporary legal-theoretical framework, the volume offers a pedagogical approach to halakhah. Readers will gain a nuanced understanding of the deep structure of Jewish law through the rigorous application of modern legal philosophy. The book’s structured approach, dividing chapters into conceptual discussions, primary source analyses, and synthetic reflections, provides a comprehensive guide for exploring Jewish legal thought. The collection not only enhances the study of halakhah but also contributes to broader discussions in legal theory and philosophy, making it a valuable resource for diverse audiences.
The book is intended for scholars and students of Jewish law, legal theory, and Jewish studies. It is also designed for law schools, Judaic studies programs, and lay readers interested in the philosophical dimensions of religious legal systems.https://larc.cardozo.yu.edu/faculty-edited/1043/thumbnail.jp
The Service’s Overgenerous Tax Treatment of Crowdfunding
Get PDFThe Internal Revenue Service released a fact sheet that defines crowdfunding as a method to raise money on websites by soliciting contributions from a large number of people. This article considers how crowdfunding is treated for tax purposes and argues that, contrary to the fact sheet\u27s determination, all donations collected by commercial websites should be income to the recipient
Gregory Keating’s Framework for Understanding Tort Law
No full textGregory Keating seeks to ground tort rights and obligations in a balancing of people’s objective interests in liberty and security, with security taking priority because it is a requirement of effective agency. I argue that Keating’s approach shares in the structural shortcomings of the economic theories he criticizes. Both theories appeal to monadic, free-standing values (efficiency, effective agency) that concern individual parties in isolation; neither theory gives an adequate account of tort law’s relational (transactional) structure. The common law distinction between misfeasance and nonfeasance illustrates the point. Keating’s harm-based framework fails to explain tort law’s most basic duty limitation, the principle that there is no duty to rescue others from perils one did not create. Drawing on the corrective justice tradition, I argue that an explanation of tort law requires relational rather than monadic concepts, focusing on interpersonal transactions rather than the promotion of independently valuable states of affairs. Despite its moral orientation, Keating’s framework remains fundamentally instrumentalist in ways that make it vulnerable to the criticisms that have been directed toward economic accounts
2025 Commencement Exercises
Get PDFOrder of Exercises
Processional:
Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald
Presiding:
Selma Botman, PhD, Provost and Vice President for Academic Affairs, Yeshiva University, Chief Marshal
Rabbi Dr. Ari Berman, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008
Remarks:
Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991
Commencement Address:
Hon. Caitlin Halligan, Associate Judge of the Court of Appeals
Student Remarks:
Koral Bahat and Denise Pasi, LL.M. Class Speakers, Class of 2025
Talia N. Raoufpur, J.D. Class Speaker, Class of 2025
Student Bar Association Rewards:
Maria Kayser, SBA President, Class of 2025
Awards and Honors:
Dean Leslie
Remarks:
President Berman
Conferring of Master of Laws (LL.M.) Degrees:
President Berman
Dean Leslie
Conferring of Doctor of The Science of Law (J.S.D.) Degrees:
President Berman
Dean Leslie
Conferring of Juris Doctor (J.D.) Degrees:
President Berman
Dean Leslie
Alumni Remarks:
Ira S. Dizengoff, JD, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law, Class of 1992
Hatikvah:
Cantor Heller
Recessionalhttps://larc.cardozo.yu.edu/commencement/1001/thumbnail.jp
A Shelter From Litigation: How Mediation Helped Preserve the Core of New York City’s Right to Shelter
No full textIn 1979, a class action lawsuit was brought against New York City by a coalition of homeless individuals. After almost two years of negotiations, the parties of this suit, called Callahan v. Carey, entered into a consent decree, which provided that the City and State of New York would “provide shelter and board to all homeless men who met the need standard for welfare or who were homeless ‘by reason of physical, mental, or social dysfunction.’”
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on March 2, 2025
AI Mediation — Ethically Questionable?
No full textArtificial Intelligence (“AI”) is an imperative aspect of modern society. However, in the legal field, AI must be used with the utmost discretion. Earlier this year, an attorney from Utah used ChatGPT to create a brief which produced a case that does not exist. In response, the Utah Court of Appeals sanctioned the attorney. Nevertheless, at the 2025 ABA TECHSHOW, a legal tech startup launched an artificial intelligence mediator.
Evidently, an attorney cannot ethically use AI to write a brief defending their client in litigation. Yet, the underlying question remains: why should AI be replacing human mediators?
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 3, 2025
What I Wish I Knew As A 1L
No full textJoin MLSA and BLSA for this informative panel to hear from 2Ls and 3Ls about finals, jobs and more !https://larc.cardozo.yu.edu/flyers-2025-2026/1020/thumbnail.jp