LARC Cardoso Law (Yeshida Univ)
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How Summary Eviction Proceedings Fail Individuals Facing Housing Discrimination
Get PDFEvery year, over three million American households are threatened with eviction from their homes. The consequences of eviction are “dire” and affect “every facet of life” that go beyond someone’s physical safety and livelihood. For instance, evictions may leave people unhoused, “[fracture] the integrity of their families, [crush] their livelihoods, [damage] their mental and physical health and their safety, [deprive] them of their place in community and, ultimately, [tear] apart the fabric of their communities.” While Americans of all backgrounds face evictions, there are often large racial, ethnic, and gender disparities among those who face eviction with Black Americans, women, and those with children being the most vulnerable. Specifically, “[n]early a quarter of Black tenants live in a county where the eviction rate for Black tenants is double the rate for white tenants.” Additionally, Black women with children were threatened with eviction at a rate of 28% while those without children faced a rate of 16%.
This post was originally published on the Cardozo Journal of Equal Rights and Social Justice website on February 2, 2024. The original post can be accessed via the Archived Link button above
Cardozo Law News Brief: November 1, 2024
Get PDFFeatured Faculty: Matthew Wansley Luis C. Calderon Gomez Jessica Roth Emmanuel H. Arnaud Rebekah Diller Young Ran (Christine) Kim Alexander Reinert Gabor Rona Michel Rosenfeld Anthony Sebok Edward Zelinsky
Campus News: Associate Dean of Graduate, International & Online Programs Val Myteberi Speaks to LLM Guide About How LL.M. Programs Are Focusing on Experiential Learnin
Cardozo’s IJC Files Immigration Bond National Class Action Lawsuit
Get PDFIn October, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) filed a lawsuit against Immigration and Customs Enforcement (ICE), alleging that the agency illegally kept more than $300 million in bond payments from tens of thousands of low-income immigrant families and U.S. citizens.https://larc.cardozo.yu.edu/cardozo-news-2024/1044/thumbnail.jp
Black Excellence In The Spotlight: Legal Insights In The Entertainment Industry
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1025/thumbnail.jp
Clarifying the Conflict in the FAA’s Conflict of Interest Requirements: What and When Must Arbitrators Disclose?
No full textIn honor of the 100th anniversary of the Federal Arbitration Act, this volume brings together a diverse group of leading scholars and practitioners to celebrate its successes and propose specific reforms. Readers will gain insight into how the Federal Arbitration Act impacts the modern practice of arbitration and how the Supreme Court’s interpretation of the Act undermines its fairness. Focusing on domestic, commercial and consumer, as well as securities and labor and employment arbitration, this book provides a roadmap to enhance the fairness and coherence of the Act. The volume is unique in that it serves as the impetus for a law reform project, with over thirty scholars speaking collectively for improvements to the law. More effective than scattershot arguments, this coordinated effort delivers a consistent message to a national audience: that arbitration has become ubiquitous and the law should ensure it is fair and equitable.https://larc.cardozo.yu.edu/faculty-chapters/1108/thumbnail.jp
Outlining and Exam Tips Workshop
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What I Wish I Knew As A 1L Panel
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A Government of the People: Popular Engagement in U.S. Constitutional Democracy
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Expanding Homicide Liability for a Parent’s Omission
Get PDFEarlier this year, Jennifer and James Crumbley were convicted of manslaughter and sentenced to 10-15 years for not stopping their teenage son, Ethan, from killing four students at his high school. This is the first known occurrence of an American prosecutor obtaining a homicide conviction relying on a parental omission—or failure to act—where the victim was not the parent’s own child. Parental omissions historically have only triggered homicide charges if the parent fails to protect their child, not others, from harm. Unlike the general population, parents owe a special duty to their child because they are the ones tasked to oversee the child’s care. The Crumbley verdict has dislodged this longstanding criminal precedent. It has expanded a parent’s common law duty to include protection of the would-be victims of their child’s criminal acts. Recently, Georgia has brought manslaughter charges against the parent of a school shooter under similar circumstances. This Essay provides the first legal assessment of this prosecutorial theory and analyzes the various doctrinal, constitutional, and policy considerations surrounding its use
Early Neutral Evaluation in Baseball Arbitration
Get PDFIn recent years, the contracts awarded to Major League Baseball ( MLB ) players in free agency have been astronomical. In the 2023 offseason, Shohei Ohtani signed the largest contract in American sports history, a ten-year 3.5 billion on free agents. However, before a player is eligible for free agency, he can undergo a process called final offer arbitration ( FOA ). In this system, if a player and his professional baseball team are unable to reach an agreement for the player\u27s salary for the upcoming season, the case will be sent to a group of independent arbitrators. Both sides will present an offer concerning the player\u27s value and the arbitrators will select one of the offers. A player is usually eligible for arbitration after three years of MLB service time and barring a contract extension with his team, will be eligible for FOA until his sixth year in the league. However, while FOA arbitration has been utilized by MLB to solve labor disputes since 1974, it has been called by MLB players an incredibly flawed process, one that isn\u27t very good for the game and an off-putting process.
This Note will provide an overview of MLB arbitration including under what circumstances a player is eligible for arbitration, who are the arbitrators, what criteria are used to determine a player\u27s salary, and any eligibility exceptions. Additionally, the Note will proffer a detailed history of the relationship between MLB players and their teams and how the FOA became the mode of arbitration in the MLB. Finally, the Note will also elucidate numerous issues concerning the use of FOA in baseball and propose the use of a different system to solve these problems using an alternative dispute resolution method called Early Neutral Evaluation ( ENE )