LARC Cardoso Law (Yeshida Univ)
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Closing Remarks From Congressman Jamie Raskin
No full textCongressman Jamie Raskin (D-MD) concluded the symposium with a recorded speech
Deconstructing Constitutional Identity in Light of the Turn to Populism
No full textConstitutional identity, although remaining distinct from national identity, does like the latter carve out an imagined community. It must process and reprocess material to promote a vision that integrates the ethnos and the demos in a constitutionally viable manner. In this pursuit, the elaboration of constitutional identity relies on three principal interpretive devices: negation, metaphor, and metonymy. The objective is to integrate the polity as a whole, the individuals subject to the constitution, and the plurality of groups within the nation that possess a legitimate claim to constitutional recognition. The resulting construct must draw on national identity to reinforce unity and depart from the latter where necessary to maintain constitutional integrity – e.g., to deescalate ethnic strife within the polity by banning ethnic-based political parties. The turn to populism poses a challenge that calls upon reframing constitutional identity. Indeed, as populism by its very nature casts only part of the people as the people, and labels those not included as the enemy, it calls for disaggregating and recombining existing liberal constitutional identities. We illustrate the adverse effect of populism’s recourse to ethnic cleavages and to religion in reframing constitutional identity through the salient example of Viktor Orban’s Hungary.https://larc.cardozo.yu.edu/faculty-chapters/1105/thumbnail.jp
Cardozo Law News Brief: March 1, 2024
Get PDFFeatured Faculty: Jessica Roth Andrea Schneider Rebekah Diller Pamela Foohey Peter Goodrich Young Ran (Christine) Kim Rachel Landy
Campus News: Cardozo’s Race and the Law Course Offerings Give Students a Unique Chance to Learn About How to be an Anti-Racist Future Lawyer 14th Annual BALLSA Celebration Honors Kwanza Jones ’99 Sarah Chu, Director of Policy & Reform at Perlmutter Center for Legal Justice, Speaks at American Academy of Forensic Sciences
Events: The 2024 Cardozo Colloquium on Global and Constitutional Theory Cardozo Law Review Symposium on Ethics in the Judiciary and the Legal Profession: Are We in Crisis
Bar Exam Session with Director Iannacone
Get PDFhttps://larc.cardozo.yu.edu/flyers-2023-2024/1104/thumbnail.jp
Brandeis Center Presents: Post-October 7th Litigation
Get PDFhttps://larc.cardozo.yu.edu/flyers-2023-2024/1132/thumbnail.jp
Miriam Lacroix Joins Cardozo as Director of Diversity and Inclusion
Get PDFDean Melanie Leslie and Associate Dean Jenn Kim are pleased to welcome Miriam Lacroix as the law school’s Director of Diversity and Inclusion.https://larc.cardozo.yu.edu/cardozo-news-2024/1009/thumbnail.jp
Kwanza Jones, Class of 1999, Honored at 14th Annual BALLSA Celebration
Get PDFWarmly lit trees and the Yeshiva Jazz Ensemble set the scene for the 14th annual BALLSA Celebration that honored philanthropist Kwanza Jones, Class of 1999, on February 28. The event brought in a record 5,000 Morrison Cohen Summer Award to a fifth student.https://larc.cardozo.yu.edu/cardozo-news-2024/1012/thumbnail.jp
Arbitration\u27s Unraveling
Get PDFIt has been over a decade since the Supreme Court declared that the Federal Arbitration Act preempts state-law policies that stand as an obstacle to enforcement of the class-banning arbitration clauses that companies tuck into standard-form contracts. In that time, plaintiffs’ lawyers have tried challenging class action–banning arbitration provisions on myriad legal grounds, as well as pressing for federal and state legislation to undo the Court’s ruling in AT&T Mobility LLC v. Concepcion. Neither strategy has borne much fruit—until now. In the past few years, congressional action has exempted specific categories of cases from mandatory arbitration, suggesting that an area-by-area attack on the arbitral edifice may be fruitful. More consequentially, in my view, the Supreme Court has cast substantial doubt on the “liberal federal policy favoring arbitration” upon which contemporary FAA jurisprudence rests. This is big news, suggesting that all judge-made, arbitration-specific rules created in the service of a supposed policy favoring arbitration are ripe for reexamination. One consequence, I show, is that the FAA must now be understood to exempt the contracts of all workers engaged in interstate commerce. Meanwhile, entrepreneurial plaintiffs’ firms have sought to force corporate defendants to make good on their contractual promises to bear the cost of arbitrating large numbers of nominally individual claims. By marketing broadly to would-be claimants via social media and then financing the claimants’ portion of arbitral filing fees, these firms have filed thousands of simultaneous claims, forcing defendants to either settle or spend tens of millions of dollars on arbitral fees alone. At present, companies are groping for contractual tweaks to foreclose the risk of mass arbitration. But I expect those efforts will be thwarted by state unconscionability law in many states. And I also expect that companies will increasingly drop their arbitration clauses altogether and seek to implement standalone class action–waiver clauses, removing any pretense that the defense community was ever interested in arbitration, as opposed to class-action bans. But here, too, I think state unconscionability law will bring us back full circle to the state-by-state map that existed prior to Concepcion. In short, there are reasons to believe that the hegemony of class-banning arbitration is unraveling before our very eyes
Foreclosure Sales as Fraudulent Transfers
Get PDFThe Supreme Court has declared that noncollusive, regularly conducted foreclosure sales are not “constructive” fraudulent transfers voidable by a bankruptcy trustee Uniform state legislation ratifies this instinct for private creditor enforcements. But collusive or irregular foreclosure sales or sales that are intended to hinder, delay, or defraud creditors are subject to creditor attack, even though unsecured creditors are not proper parties to the foreclosure process. In such cases, unsecured creditors can cloud the title obtained from foreclosure in the cases of collusion, irregularity or fraudulent intent. This article examines precisely when foreclosure sales can be avoided by unsecured creditors of a debtor who has granted a mortgage or security interest in real or personal property
Cardozo Homecoming & Reunion
Get PDFReconnect and reminisce with Cardozo faculty and fellow alumni to enjoy a Journals and Affinity Groups Cocktail Hour.
The classes of 1979, 1984, 1989, 1994, 1999, 2004, 2009, 2014, 2019 will celebrate milestone reunions.
Panel Discussions:
Immigration Federalism\u27s New Frontier: The Legal Battle Over Texas\u27 New Deportation Law
Seeking Justice for Sexual Violence Victims of Hamas
Feature:
Never-Before-Seen Justice Benjamin N. Cardozo\u27s Papershttps://larc.cardozo.yu.edu/flyers-2023-2024/1148/thumbnail.jp