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
Full text linkThe 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
Full text linkProfessor 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
Rectifying the Rome Statute and Draft Articles on Prevention and Punishment of Crimes Against Humanity to Include the Slave Trade
Full text linkThe slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments to existing international treaty law must be adopted with haste to close an unconscionable factual and legal gap in the international legal architecture. New proposals on the table now provide an opportunity to do so. This unique moment must be seized
Trump’s Immigration Crackdown Is Specifically Targeting Children Again
No full textWhen the first Trump administration separated thousands of immigrant children from their parents, there was massive public outcry at the cruelty of family separation. Then the administration admitted something extraordinary: The cruelty was the point
Retrieving Information: An Analogy
Full text linkA major part of being an effective legal information professional is knowing where to look at the beginning of your search. In this profession, you typically have a wide range of information resources at your fingertips. Mastering those resources, and being able to make an educated guess about where something might be found, are vital in this field
The Puzzle of Biologics Manufacturing Platform Patents
Full text linkThe 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