LARC Cardoso Law (Yeshida Univ)
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Is the Future Private? A Look Into Litigation Under Illinois’s “BIPA” Law
Get PDFAt Meta’s 2019 “F8” virtual development conference, Mark Zuckerberg stood in front of a presentation screen displaying the words, “the future is private.” Zuckerberg’s talking points centered on “build[ing] a more privacy-focused social media platform.” Increasing Meta’s focus on privacy, apparently, does not include ensuring compliance with Illinois’s Biometric Information Privacy Act (“BIPA”). While not exactly the first of its kind, a recent class action lawsuit against Meta alleges the company violated Illinois’s BIPA law by capturing, retaining, and profiting from the use of plaintiff’s “voiceprint” without disclosing or creating a meaningful retention policy for doing so.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March19, 2024. The original post can be accessed via the Archived Link button above
Shades of Green: Navigating the Legality of Environmental Marketing
Get PDFA majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 15, 2024. The original post can be accessed via the Archived Link button above
Cardozo Law News Brief: August 9, 2024
Get PDFFeatured Faculty: Samuel Weinstein Alexander Reinert Rebekah Diller Jocelyn Getgen Kestenbaum Michael Pollack Michel Rosenfeld Stewart Ster
Escalating Conflict-Related Sexual and Gender Violence in the Ongoing Sudan Conflict
Get PDFSince its independence from Great Britain and Egypt in the late 1950s, Sudan has been in a state of perpetual internal conflict. When Omar al-Bashir seized power and became Sudan’s president in 1989, the state had split into northern and southern Sudan, resulting in South Sudan’s secession. Sudan’s economy began to deteriorate, mass street protests erupted, and the military-civilian government was soon created and overthrown in 2021 when General Abdel Fattah al-Burhan took over. Since this time, the country had been run by a council of generals led by two military figures from opposing groups, bringing us to Sudan’s current conflict at the expense of innocent civilians.
This post was originally published on the Cardozo International & Comparative Law Review on April 12, 2024. The original post can be accessed via the Archived Link button above
“Red Soles” and Search Engines: Louboutin Trademark Lawsuit Proves ChatGPT is Unreliable Evidence of Secondary Meaning
Get PDFAcross the globe, high fashion fans recognize “red-soled” shoes as “more than a [mere] color. It’s an attitude.” Christian Louboutin “turned his trademark [red] shade into a[n] internationally recognized symbol of luxury[,] … passion, power, sensuality, love, vitality, and a certain stylish insouciance à la française.” Christian Louboutin created his eponymous brand in 1993, and the French designer has filed trademark applications for its “RED SOLE” mark in numerous countries, including “France, Mexico, Singapore, New Zealand, Australia, the [United States], Moldova, the Philippines, Cambodia, Laos, Brunei, Indonesia, Morocco, Bahrain, Chile, Israel, Switzerland, Vietnam, Malaysia, and India.” Given Louboutin’s global presence, it is no surprise that the brand “has filed numerous [trademark infringement actions] in several jurisdictions,” often litigating its trade dress rights over the “RED SOLE” mark.
This post was originally published on the Cardozo International & Comparative Law Review on May 2, 2024. The original post can be accessed via the Archived Link button above
Taxation’s Limits
Get PDFCountless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.
This Article develops a novel normative theory that rationalizes and justifies our current tax exemption regime. Rather than conceiving of exemptions as subsidies or individual deviations from a normative base explainable by ordinary politics, this Article argues that exemptions are best understood as mapping the “limits” of tax. These limits are neither arbitrary nor merely a collection of individual subsidies to favored activities; rather, they are best seen as reflective of deeper collective sociopolitical judgments about the scope of the State and the public sphere.
This Article constructs the “Limits Theory” by explaining and justifying the three most significant exemption regimes: those exempting the nuclear family, other sovereigns, and charities. The nuclear family perhaps occupies the center of the private sphere; its location demands exemption due to its intimate and private—not public—character. Notions of comity and federalism buttress the exception for other sovereigns, cautioning against the taxation of a public sphere by other public spheres. Lastly, charities’ unique public–private hybrid character, oriented towards purposes aligned with the public sphere yet operated as private autonomous associations, justifies charities’ exclusion from the ordinary limits of taxation—limits that cover ordinary for-profit organizations that strive to both do good and do well. The collective sociopolitical judgments grounding these exemptions are neither novel nor idiosyncratic; in fact, they are traceable to the work of political theorists of all stripes seeking to define the public sphere, from Rawls’s liberalism to Nozick’s libertarianism and communitarianism à la Walzer or MacIntyre.
In developing a theoretical account, this Article does more than construct a coherent framework for thinking about tax exemptions more generally. Visualizing exemptions as limits rather than subsidies also allows us to explain and justify key common features of the exemptions—for example, the law’s insistence that the commercial character of an activity vitiates exemption across different exemption regimes, foreclosing the possibility of for-profit charities and supporting the taxation of commercial enterprises run by other states. But perhaps most importantly, the theory illuminates the direction for further examination and refinement of the law. It renders exemptions intelligible and coherent at a more granular level. It offers a common and normatively rich framework for scholars and policymakers to engage in more fruitful debates about old and new issues regarding the proper scope of current exemption regimes—for example, on whether the PGA Tour and the Saudi sovereign wealth fund deserve to lose their tax exemptions upon completion of their controversial combination
Smith\u27s New Trump Indictment Is Case Study In Superseding
No full textOn Aug. 27, special counsel Jack Smith filed a superseding indictment in the case against former President Donald Trump for his alleged efforts to overturn the 2020 election
Kukin Program Newsletter – Spring 2024
Get PDFThe Kukin Program Newsletter – Spring 2024 highlights recent achievements, events, and developments in Cardozo Law School’s Alternative Dispute Resolution (ADR) program. Key features include student accomplishments in national ADR competitions, faculty contributions to international conferences, and updates on new courses like Dispute Systems Design and International Investment Arbitration. The issue also covers the Cardozo Divorce Mediation Clinic’s 13th anniversary, faculty spotlights, and the Cardozo Dispute Resolution Society’s inaugural Arbitration Day. This newsletter reflects the Kukin Program\u27s commitment to advancing ADR education and supporting students in impactful, real-world learning experiences.https://larc.cardozo.yu.edu/kukin-program-newsletters/1001/thumbnail.jp
U.S. District Judge Ronnie Abrams To Be Keynote Speaker at Cardozo’s 46th Commencement
Get PDFThe Hon. Ronnie Abrams, U.S. District judge for the Southern District of New York, will deliver the commencement address for the Benjamin N. Cardozo School of Law\u27s 46th graduation ceremony at Lincoln Center in June.https://larc.cardozo.yu.edu/cardozo-news-2024/1001/thumbnail.jp