LARC Cardoso Law (Yeshida Univ)
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2023-2024 Annual Report
Get PDFThe 2023-2024 Annual Report of the Samuel & Ronnie Heyman Center on Corporate Governance highlights the Center\u27s activities, faculty expertise, student programs, and impact in business and corporate law. Featuring clinics like the Filmmakers Legal Clinic, renowned faculty, and the Heyman Scholars Program, the report showcases the Center\u27s commitment to preparing students for successful careers in corporate governance through academic excellence and practical experience.https://larc.cardozo.yu.edu/heyman-center-reports/1002/thumbnail.jp
Cardozo AELJ’s Spring 2024 Symposium Explores the Implications of the Warhol and Bad Spaniels Decisions on Copyright and Trademark Law
Get PDFThank you to everyone who attended and participated in the Cardozo Arts & Entertainment Law Journal’s spring symposium, “Barking Up the Wrong Tree: An Exploration of Intellectual Property Law Protections Following Bad Spaniels and Andy Warhol.” AELJ is proud to have hosted such a successful event, highlighting a range of thoughtful and engaging scholarship.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on February 25, 2024. The original post can be accessed via the Archived Link button above
From Punchlines to Pesto to Prada: Exploring Intellectual Property’s Negative Space
Get PDFIntellectual property (“IP”) law serves as the protective cornerstone for the creative industries—an especially important one at a time when unprecedented global connectivity links so many and in the process, so greatly heightens the potential for improper takings. Yet, a growing body of legal scholarship delves into a fascinating counterpoint: the “negative space” of IP. As Kal Raustiala and Christopher Sprigman posit in their Article, The Piracy Paradox, these creative endeavors “remain creative (and consequently do not require protection) precisely because they exhibit positionality sufficiently strong that it provokes a constant stream of new innovation.” This space encompasses creative fields where innovation and progress flourish in the relative absence of formal legal protection. Examining these negative spaces compels us to question the traditional narrative that IP law is universally necessary for creative output.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 28, 2024. The original post can be accessed via the Archived Link button above
Can You Smell a Lawsuit Cooking? Possible Risks with The Rock’s Trademarks
Get PDFDwayne Johnson is one of the most recognizable and successful working actors on the planet. For an entire generation, he is synonymous with smash-hit franchises such as Baywatch, Tooth Fairy, and Jungle Cruise. In fact, between 2019 and 2021, he was the highest-paid actor in Hollywood and raked in 3.5 billion, putting him on track alongside George Clooney and Ryan Reynolds as success stories in the celebrity alcohol market. His most recent endeavor, however, may put him on track towards a series of legal troubles as he seeks to protect the intellectual property rights to a laundry list of decades-old catch phrases.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 15, 2024 2024. The original post can be accessed via the Archived Link button above
Fanfiction Flicks: Dissecting the Expected Legal Ramifications of Harry Styles Homages on the Big Screen
Get PDFWhen the trailer for the highly anticipated Amazon Prime film The Idea of You debuted on YouTube in March 2024, viewers were captivated by the striking resemblance between the main character, Hayes Campbell, portrayed by Nicholas Galitzine, and the renowned former British One Direction member, Harry Styles. The film is based on the novel The Idea of You by author Robinne Lee. In a 2017 interview, Lee admitted to beginning the novel after seeing a YouTube video of the boy band One Direction and stated that she was specifically inspired by the personal life of Harry Styles.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 26, 2024. The original post can be accessed via the Archived Link button above
Kukin Program Newsletter – Fall 2024
Get PDFThe Kukin Program Newsletter – Fall 2024 captures recent achievements, events, and updates from the Kukin Program for Conflict Resolution at Cardozo School of Law. This issue highlights the prestigious Peace Gala honoring founding director Professor Lela P. Love, insights from prominent alumni in the dispute resolution field, student leadership accomplishments, and recent awards and fellowships. Readers can explore feature articles on impactful projects and innovations in conflict resolution, including new initiatives by the CPR Institute and the International Advocate for Peace Award. This newsletter offers a comprehensive view of the Kukin Program’s dedication to advancing negotiation, mediation, and advocacy skills in legal education.https://larc.cardozo.yu.edu/kukin-program-newsletters/1000/thumbnail.jp
A Government of the People: Popular Engagement in U.S. Constitutional Democracy
Get PDFPlease join us for a fascinating discussion about the place and power of the people in constitutional practice and government design, including critical areas that feature prominently in today’s public conversation in light of recent Supreme Court terms and the upcoming election.
This event will feature three panelists—Alicia Bannon (Brennan Center for Justice at NYU School of Law), Corey Brettschneider (Brown University and Fordham Law School) and Joshua Douglas (University of Kentucky J. David Rosenberg College of Law), the latter two of whom have recently published books that center the people in core matters of political decision making—in conversation with Professor Wilfred Codrington III.https://larc.cardozo.yu.edu/event-invitations-2024/1022/thumbnail.jp
Multi-Track Diplomacy & the Abraham Accords: A Blueprint for Broader Middle Eastern Peace between Israel and the Arab World Based upon Shared Economic Interests, Security, and Grassroots Peacebuilding
Get PDFVoting Under State Constitutions
No full textUnlike their federal counterpart, state constitutions confer the right to vote in plain and affirmative terms. State charters also contain unique provisions that, among other things, regulate the redistricting process and set out the terms for political participation, including direct citizen lawmaking. And critically, state constitutions interact with the federal Constitution, which limits them in meaningful respects, while also governing the local administration of elections. Indeed, every political contest has aspects that are governed by state constitutions, making them an integral, yet underappreciated, source of American election law. This chapter underscores these and other crucial points by examining several dimensions of voting under state constitutions. It first lays out a broad history of voting under state charters. Then it provides a general overview of key structural components of state constitutions that govern the right to vote, followed by a brief assessment of two particularly important doctrinal matters explained in the context of particularly contested issues. Finally, the chapter closes by raising a few topics that would benefit from additional research and exploration to advance the scholarship in this ever-developing area of election law.https://larc.cardozo.yu.edu/faculty-chapters/1111/thumbnail.jp
The Whac-A-Mole Game: An Empirical Analysis of the Regulation of Litigant Third-Party Financing
No full textUsing a unique private dataset from one of the largest consumer litigation financing firms in the U.S., we are the first to explore the impact of states’ regulatory activity (statutory or judicial) on funders’ behavior and consumers’ welfare. Our comprehensive dataset includes data on over 105,000 third-party funding agreements from 2000 throughout 2020 and data we compiled ourselves from court decisions, state legislation, and regulatory actions.
Our analysis shows that laws or court decisions that loosen restrictions on LTPF are generally associated with greater funding activity, while restrictions on the interest rate that funders can charge are generally associated with less funding activity. However, in the cases that are funded, the funder tries to circumvent restrictions on the funding agreement by altering other terms. For example, when legislation prohibits compounding or limits how long funders can charge interest, the funder responds by increasing the posted monthly interest rate. Although these interest rate increases are not enough to completely offset the impact of the other restrictions on the funder’s returns, the funder nevertheless has higher returns than it would have without the attempted circumvention.
More generally, our analysis reveals that restrictive court rulings and regulations generally induce funders to either leave the jurisdiction or to adjust other terms in the funding agreement in an effort to maintain their returns. As in the classic Whac-A-Mole game, funders try to maintain their pre-regulation per-funding-return no matter how states’ regulatory activity tries to get rid of it. Although the funder is not always successful in circumventing regulation, policymakers must be aware of funders’ responses to restrictive regulation to ensure that policies are achieving their desired result