LARC Cardoso Law (Yeshida Univ)
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The Birth of the Civil Death Penalty and the Expansion of Forced Adoptions: Reassessing the Concept of Termination of Parental Rights in Light of Its History, Purposes, and Current Efficacy
Get PDFThe legal construct of termination of parental rights—the act of permanently severing the legal relationship between parent and child—is deeply embedded in contemporary American child welfare law. Indeed, since the passage of the Adoption and Safe Families Act of 1997 (ASFA), it can fairly be said that our entire foster care system is structured around the threat of terminating parental rights. From the day a child is taken into state-supervised care, the clock begins ticking toward the possible permanent destruction of the parent-child relationship. In response to the financial incentives in ASFA that reward states for terminating parents’ rights, states have ended over 2 million parent-child relationships. The United States now permanently severs the parental relationships of over seventy thousand children a year. As a result, over one in every hundred children in the United States are legally cut off from their parents. Black children are more than twice as likely as white children to have their legal ties to their parents severed, and the rate is even higher for Native American children
A Missed Opportunity: Clarifying Presidential Power Under the Procurement Act
Get PDFIn late 2021, President Biden relied on the Procurement Act to sign an Executive Order effectively requiring every employee of any private company that contracts with the federal government to be fully vaccinated for COVID-19. While the mandate was ultimately rescinded less than two years later, it produced four inconsistent federal circuit court opinions that together expose the problems with existing judicial frameworks for analyzing executive authority under the Procurement Act.
This Note explores the growth of the federal procurement industry, the evolution of executive orders under the Procurement Act, and the existing jurisprudence for executive power under the Act. The dominant judicial test, the Kahn framework, contains no inherent limiting principle to the President’s authority and is outdated given the ever-increasing size of the federal procurement industry and the evolving nature of executive orders under the Act. Meanwhile, the circuits enjoining the contractor vaccine mandate reached the correct outcome given the text and legislative history of the statute, but erred in applying the major questions doctrine to a presidential delegation. This Note proposes that courts should first inquire into what extent an order imposes affirmative obligations on contractor employees beyond what is necessary for performance on the government contract. This inquiry will recenter Procurement Act jurisprudence back to the text and legislative history of the statute, offer a limiting principle to the Kahn framework, and avoid the interpretive pitfalls of applying the major questions doctrine to a presidential delegation. Furthermore, it will help to clarify public and private accountability by placing limits on the executive’s role in altering private employment relationships through government contracts
Bluebook vs. ALWD
Get PDFDuring law school and afterwards, the one citation guide I relied on was The Bluebook. Its rules, explanations, and organization defined how I cited legal resources. Any limitations or gaps in The Bluebook caused me frustration and forced me to get creative, as I figured out solutions that seemed consistent with the rules
Stephen Bright\u27s Demand For Equal Justice: Book Talk with Professors Robert Tsai and Betsy Ginsberg
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1027/thumbnail.jp
Who Decides: Judges or Experts? Loper Bright, the End of Chevron, and It\u27s Impact on Corporate Governance
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1028/thumbnail.jp
Against Gap-Filling
Get PDFLegal scholars delight in gap-filling. They frequently claim that their works have identified a gap in the literature and to have filled (or begun filling) that gap. However, all too often, these same papers fail to explain why the gap needed to be filled at all. Indeed, despite a robust tradition of meta-scholarship, the legal literature is largely devoid of a theory of academic gap-filling. This essay fills that gap, arguing that gap-filling for the sake of gap-filling is an error for three interconnected reasons. First, gaps might exist for a good reason. Second, concern with gap-filling is often a misguided attempt to address other issues that are tangential to legal scholarship. Finally, focusing on gaps is incredibly limiting. Instead, this essay suggests that legal scholars should focus on exploring questions that interest them, regardless of whether that exploration leads them to a “gap.
Harnessing Hypocrisy: A Crack in The Supreme Court’s Colorblindness Mask
Get PDFThis Essay contends that the Supreme Court’s denial of certiorari in Harness v. Watson stands as a testament to its hypocrisy. The day after the Court professed an allegiance to promoting racial equality in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, it refused to even consider invalidating a clear barrier to racial equality. The day after the Court struck down a remedy designed to address a long, sad, and painful history of racism, the Court left undisturbed an obvious symbol of this long, sad, and painful history of racism. When juxtaposed against both the denial of certiorari in Harness and Justice Ketanji Brown Jackson’s searing dissent for denial of certiorari, the Students for Fair Admissions majority’s lofty pronouncements about opposing racism amount to pure smoke and mirrors. The consistent through line that connects Students for Fair Admissions and Harness is the Roberts Court’s commitment to preserving anti-Black racism
Dean Melanie Leslie’s Office Hours
Get PDFJoin Dean Leslie, Dean Grand and Professor Ginsberg to discuss clinical opportunities and changes to the clinical program.https://larc.cardozo.yu.edu/event-invitations-2024/1028/thumbnail.jp