LARC Cardoso Law (Yeshida Univ)
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Airlines, Sick Time, & Interstate Commerce: The Dormant Commerce Clause and Its Impact on State and Municipal Paid Sick Leave Laws
Get PDFThe United Statesis the only industrialized nation lacking a universal paid sick leave law that guarantees employees the right to time off from work to attend to their own or their family\u27s medical needs. Nonetheless, many states and municipalities have created their own paid sickleave laws to fillin the gap left open by the federal government. Following the passage of three state referendums on paid sick leave laws in the 2024 general election, there are now eighteen states, plus the District of Columbia, which mandate that employers provide employees with paid sick leave. Although there continues to be a growing trend in subfederal paid sick leave laws, especially since the COVID-19 pandemic, there remain questions about the constitutionality of these laws when applied to interstate transportation employers-like airlines-whose employees operate across multiple state boundaries daily. While some courts have partially addressed the possible preemption of state and municipal paid sick leave laws under the Airline Deregulation Act, courts have not addressed whether the dormant Commerce Clause preempts subfederal paid sick leave laws. This Note attempts to address these lingering questions of federalism by looking at the application of the dormant Commerce Clause to state and municipal paid sick leave laws. By examining paid sick leave laws generally, recent jurisprudence in constitutional preemption, and the evolution of the dormant Commerce Clause doctrine, this Note identifies the major issues, and solutions, to vertical federalism posed by state andmunicipalpaid sick leave laws
Professor Jessica Roth Quoted in The New York Times About Justice Dept. Targeting SDNY
Get PDFProfessor Jessica Roth spoke to The New York Times about Emil Bove III, the acting deputy attorney general, targeting the U.S. attorney\u27s office for the Southern District of New York over the Trump administration\u27s plans to seek the dismissal of corruption charges against Mayor Eric Adams
The Puzzle of Biologics Manufacturing Platform Patents
Get PDFThe predominance of manufacturing process patents asserted in litigation by originator biologics companies against would-be biosimilar entrants has resulted in a number of Congressional and administrative agency proposals that could increase scrutiny and limit enforceability
The Voting Rights, Race, Redistricting, & The Future of U.S Democracy
No full texthttps://larc.cardozo.yu.edu/flyers-2025-2026/1030/thumbnail.jp
Public Defender Discretion
No full textA focus of criminal legal system reform efforts has been the curtailment of police, prosecutorial, and judicial discretion, which has been criticized for its arbitrariness and its contribution to racial, class, and gender disparities. However, one system actor has largely escaped similar scrutiny: public defenders, who, by grant of authority from ethical rules of practice and Supreme Court jurisprudence, have significant decision-making authority in the cases of indigent persons charged with crimes.
This Article will, for the first time, explore the historical rationale for giving public defenders the power to make life-altering decisions for their clients. Specifically, it dissects the work of the American Bar Association Advisory Committee that, in the 1960s, created the original professional guidelines regarding public defender discretion. This dissection reveals that the committee was preoccupied with attorney control and systemic efficiency, resulting in a highly skewed balance of decision-making authority that favors public defenders and disadvantages indigent persons charged with crimes. It further reveals that the committee viewed indigent people as unsophisticated and unintelligent, which further propelled the committee to dismiss the knowledge and judgment of poor and marginalized people. These preoccupations and prejudicial views led to the current broad grant of discretion to public defenders.
The committee failed to explore or even mention the potential harm that public defender decision-making authority can cause their indigent clients. Specifically, these harms compound the restriction of liberty and autonomy that indigent persons already experience within the criminal legal system. This failure makes it impossible to believe the current distribution of decision-making authority is optimal or warranted. Accordingly, I argue that this distribution must be reassessed and recalibrated. This involves revisiting antiquated rationales for distributing decision-making authority between public defenders and indigent persons charged with crimes and properly considering the interests of the latter to inform professional norms regarding indigent defense. Any revisions should also consider the dangers of discretion. This Article argues both that the bulk of the decision-making authority should lie with the person charged with the crime and that the public defender should be decentralized
The International Tax Revolution
No full textThe International Tax Revolution offers the first comprehensive analysis of the profound changes in international taxation over the past decade, culminating in the landmark October 2021 agreement by over 140 countries to implement a global corporate minimum tax and modify profit allocation and nexus rules for the digital economy. The book provides a historical narrative of how the original International Tax Regime (ITR) crumbled under the pressures of globalization and tax competition between 1980 and 2008, and how the financial crisis of 2008-2010 and subsequent cuts to social welfare programs spurred governments to adopt new approaches to taxing multinational corporations. Chapters explore the impact of globalization and tax competition on countries\u27 ability to provide a social safety net for their citizens, and outline how the world has come together to limit such competition, modify the outdated rules, and promote greater equity in the global tax system. Outlines the decline and fall of the original International Tax Regime from 1980 to 2009 and the emergence of the new regime from 2010 onwards Provides a historical perspective to contextualize recent changes to the International Tax Regime Analyzes how globalization, tax competition, and digitalization impact the emergence of the new International Tax Regimehttps://larc.cardozo.yu.edu/faculty-books/1130/thumbnail.jp
The Legal Vacuum in Cognitive Privacy and Brain Data
No full textThere is an entire world emerging—technology capable of interpreting our brainwaves to predict which ads we’ll respond to, lift our moods, or queue the perfect playlist. U.S. patent filings in neurotechnology are soaring, mirroring the surge seen in gene-editing innovations.
Yet while gene-editing tools have sparked fierce public and ethical debate, neurotechnology companies are quietly amassing vast troves of brainwave data with far less scrutiny. What legal or ethical constraints are in place to govern the collection, use, or commercialization of this deeply personal data? Positioned at the intersection of data privacy, intellectual property, and scientific innovation, these questions demand careful and urgent attention
Digital Danger for People with Visual Disabilities: Online Adhesion Contracts and the Lack of Web Accessibility Standards
No full textSince Title III of the American with Disabilities Act was enacted, the landscape of where people with disabilities may experience discrimination has grown even larger. With the digital world expanding rapidly, people with visual disabilities face unique dangers presented by inaccessible websites and the lack of federal web accessibility standards. While courts across the nation scatter to find balance in protecting the rights of people with disabilities without overburdening businesses, Congress’s failure to legislate web accessibility standards, and the Department of Justice’s ineffective enforcement mechanisms propel misunderstanding and confusion among those affected by this legal gap. Specifically, the growing presence of online contracts, with boilerplate provisions, presented to blind and visually impaired consumers browsing websites of such businesses jeopardizes the opportunity for these consumers to know what rights they may be waiving. This Note criticizes Congress’s inaction to legislate web accessibility standards that require private, online businesses to conform with Web Content Accessibility Guidelines, particularly widely used Level A and AA standards, as evidenced in the European Union’s 2019 Directive. This Note continues to urge state legislatures to enact statutes that encompass the need for compliance with such standards to help create a safer digital world for individuals with visual disabilities who want to purchase or use online goods and services that are conditioned on assenting to an online contract first
Dean Melanie Leslie’s Office Hours on Retribution Against Law Firms by the Trump Administration
No full textJoin Dean Leslie and Professors Jessica Roth and Haiyun Damon-Feng to discuss President Trump’s recent attacks on lawyers, law firms and federal judges. Topics will include Trump’s executive orders issued against DEI programs at law firms, as well as orders seeking to punish specific lawyers and firms that represented his political enemies. In addition, the professors will discuss the president’s recent call for the impeachment of a federal judge who ruled against the administration, which drew a rebuke from Chief Justice John Roberts. The three will also answer questions raised by the student attendees.https://larc.cardozo.yu.edu/event-invitations-2025/1013/thumbnail.jp