LARC Cardoso Law (Yeshida Univ)
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If It Can Make It There, It Can Make It Anywhere: How New York\u27s Green Amendment Is Catalyzing Environmental Progress in Light of Federal Failures
No full textThe note examines the challenges faced by minority and low-income communities in seeking legal redress for environmental injustices, highlighting how federal legal avenues like Title VI of the Civil Rights Act of 1964 have been limited by Supreme Court rulings. It proposes that state-level Green Amendments, such as New York\u27s, offer a promising alternative for these communities to assert their right to a healthy environment and seek relief from disparate environmental impacts
Beat It: A Proposal to End Masturbation Bans in Prisons
No full textThe note argues that bans on masturbation in prisons are unconstitutional under the Fourteenth and Eighth Amendments. It contends that such bans infringe upon prisoners\u27 rights to privacy, bodily autonomy, and protection against cruel and unusual punishment. The author proposes reforms to prison policies to allow private masturbation while prohibiting assaultive behavior, advocating for a shift towards rehabilitation over punishment
Death at the Door of Relief: The Criminalization of Humanitarian Work and Asylum
No full textThe note argues that the criminalization of humanitarian aid to migrants at the U.S.-Mexico border violates international human rights law and exacerbates a growing refugee crisis. It contends that the U.S. government\u27s prevention through deterrence policy funnels migrants into dangerous conditions, leading to increased deaths and human rights violations. The analysis calls for structural reforms, including expanded humanitarian parole, temporary protected status, and refugee resettlement programs, to align U.S. policy with its international obligations and mitigate the crisis
Defining the Scope of Section 1 of the Federal Arbitration Act: Recent Judicial Interpretations and Implications for the Gig Economy
No full textSection 1 of the Federal Arbitration Act states that “nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Since the turn of the millennium, the courts have found reason to define the exact limits of the scope of this exception. Notably, Circuit City Stores v. Adams, 532 U.S. 105 (2001), held that the exception in Section 1 must be read narrowly only to include transportation workers, otherwise the enumeration of seamen and railroad employees would not make sense.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on October 28, 2024
Who Decides: Judges or Experts? Loper Bright, the End of Chevron and Its Impact on Corporate Governance
Get PDFIn Loper Bright Enterprises v. Raimondo, 603 U.S. _____ (2024), the Supreme Court overruled the doctrine of Chevron deference, which had previously required courts to defer to reasonable agency guidance instead of reviewing rules and regulations de novo. Now that Chevron deference is no more, numerous regulations, rules, and opinions produced by federal agencies could be in jeopardy as they are newly subject to judicial review. In the corporate context, this could interfere with the implementation of ESG (environmental, social, and governance) principles, potentially leading to a re-tightening of shareholder primacy.https://larc.cardozo.yu.edu/event-invitations-2024/1025/thumbnail.jp
Theistic Illiberal Constitutionalism: A Review of Adrian Vermeule’s \u3ci\u3eCommon Good Constitutionalism\u3c/i\u3e
Get PDFAdrian Vermeule’s Common Good Constitutionalism drew a remarkable amount of attention from constitutional law scholars when it was published in 2020. About eighteen months later, Vermeule published a piece complaining that the critics had missed the point, that they had ignored the natural law jurisprudence that grounds the work. He was correct. This Review addresses Vermeule’s natural law jurisprudence, emphasizing the fact that it is a religious natural law jurisprudence. His arguments are in the tradition of ScholasticismAristotelian logic incorporated into Christian theology by St. Thomas Aquinas. Scholasticism is a remarkably weak foundation for constitutional jurisprudence. It is a vast system of intuitions, essences, definitions, and deductions from “reason” instead of inferences from empirical observation. The consequences of introducing thirteenthcentury metaphysics and epistemology into twenty-first-century law and legal theory are, predictably, catastrophic. When combined with Vermeule’s earlier work on the concentration of power in the presidency and the administrative agencies, the outlines of a constitutional theocracy are visible
Mandatory Public Service Summer Stipend Meetings
Get PDFSession 1: November 18, 1pm; room 424
Session 2: November 20, 1pm; room 424
Session 3: November 22, 1:30pm; room 423https://larc.cardozo.yu.edu/flyers-2024-2025/1007/thumbnail.jp
2024 Cardozo Life (Fall)
Get PDFTable of Contents:
Cardozo’s International Advocate for Peace Award Given to Richard Haass, page 3
Justice for All, page 14
Faculty in the Media, page 20
Faculty Scholarship, page 24
Find Your FAME, page 28
Meet Miriam Lacroix, Cardozo’s New Director of Diversity and Inclusion, page 50
Student Briefs, page 52
Commencement ’24, page 56
Alumni Events, page 58
Alumni Spotlight, page 60
Class Notes, page 74
In Memoriam, page 78https://larc.cardozo.yu.edu/cardozo-life/1051/thumbnail.jp
