LARC Cardoso Law (Yeshida Univ)
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Unprincipled All the Way Down
Get PDFIn 2006, the Supreme Court issued an emergency stay order in Purcell v. Gonzalez. Sparing in words and inattentive to the realities on the ground, the opinion nevertheless made a reasonable and understandable assertion: prior to issuing relief, courts presiding over elections should take into account any harms that judicial orders might cause, particularly in the lead-up to voting, alongside other considerations unique to elections. The statement was general enough to mollify the masses in the short-term. But over the long haul, it has proven to be a vehicle through which important election decisions might be made in less than principled ways.
This Paper examines two important dimensions of what Purcell omitted: how the guidance relates to principles of federalism and equity. In the years since the opinion\u27s issuance, the Supreme Court has elaborated on the Purcell principle, suggesting that it binds federal courts alone. Yet state courts have drawn on Purcell to justify their own decisions to rule or abstain from ruling in election disputes. In those decisions, furthermore, they have attempted to fit Purcell into their states\u27 equitable regimes. There is no uniformity among the states, as one might expect, but one also observes the absence of doctrinal clarity, coherence, and consistency in its application. Based on a survey of state election cases, this Paper, which is part of a larger project devoted to examining the Purcell principle, contends that the problem of Purcell is far more diffuse and potent than one could have predicted
Fear of Motion
Get PDF“A young man on the grip of his probation, attending a therapy session to navigate his survivor guilt after getting his best friend incarcerated. The film explores familiar themes in black politics, regarding the struggles and circumstances of people under maximum sentences. It includes the stigmatization and ineffective rehabilitation that contributes to the corruption of the probation system.”https://larc.cardozo.yu.edu/event-invitations-2024/1026/thumbnail.jp
Empowering Ukraine’s First Legal Responders: Ukrainian-US Collaboration and Clinics
Get PDFAt the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to support the teaching and skills training for Ukrainian students as they pivoted their work to grapple with accessing an entirely new set of skills to navigate lawyering during the war
A Conversation with The Travel Agency
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1013/thumbnail.jp
Sync Licenses, Soundtracking, and Infringement Claims: Oh My!
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1021/thumbnail.jp
Professor Matthew Wansley Quoted in The Washington Post About Tesla Self-Driving Car Federal Investigation
Get PDF“Matthew Wansley, a professor at Yeshiva University’s Cardozo School of Law in New York who specializes in emerging automotive technologies, said the new investigation could be linked to Tesla’s decision to prioritize cameras in its automated systems. Other kinds of sensors like radar and the laser-based lidar can help detect obstacles even when visibility is poor. Musk has previously said that lidar was unnecessary and that automakers who relied on it were ‘doomed.’https://larc.cardozo.yu.edu/cardozo-news-2024/1035/thumbnail.jp
Robyn Weinstein Appointed to Statewide Advisory Committee on ADR
Get PDFRobyn Weinstein, director of the Cardozo Mediation Clinic and Associate Director of the Kukin Program for Conflict Resolution, was appointed to the Statewide Advisory Committee on Alternative Dispute Resolution on October 29.https://larc.cardozo.yu.edu/cardozo-news-2024/1043/thumbnail.jp
Technology and Victims\u27 Compensation Systems: The Brumadinho Experience
Get PDFThe rupture of the B-I dam of the C6rrego do Feijio Mine, in Brumadinho, Minas Gerais, Brazil, owned by the company VALE S/A, which occurred on January 25, 2019, gave rise, from the point of view of civil liability, to a series of extrajudicial measures of socioeconomic reparation. These measures include the payment of emergency compensation to more than 100,000 people, and the implementation of an individual, optional, and voluntary compensation program for civil and labor claims, for the victims and their families. The compensation program was designed according to the principles and techniques of the evolving field of study and practice known as Dispute Systems Design ( DSD ).
The first part of this Article will briefly address the foundations and operation of the victims\u27 compensation program. The second part will address the challenges and lessons learned from using technology as a tool for not interrupting the program, by the means of the use of virtual meetings, in the context of the COVID-19 pandemic
