LARC Cardoso Law (Yeshida Univ)
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Challenging the Block: Analyzing the Bar Against California’s Enforcement of AB 51
No full textAs of 2024, the U.S. District Court for the Eastern District of California issued a permanent injunction, barring the enforcement of California’s Assembly Bill 51 (“AB 51”). California’s AB 51 was a state law aimed at prohibiting California employers from requiring arbitration agreements as a condition of employment, protecting workers from being forced into arbitration. The law was set to take effect in 2020 but was delayed by immediate legal challenges. After four years of litigation, the state law was permanently enjoined.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on October 13, 2024
When to Back Down: Balancing Public Relations with Arbitration
No full textIn 2023, Kanokporn Tansgsuan died of an allergic reaction while dining at the Raglan Road Irish Pub. According to a lawsuit filed by Jeffrey Piccolo, Kanokporn’s husband, after informing a waiter of Tangsuan’s severe allergies, they received assurances that the food would be allergy free. Forty-five minutes later, Tangsuan had a severe allergic reaction and died in the hospital. While the restaurant is located in the Disney Springs shopping, dining, and entertainment complex, it is “neither owned nor operated by Disney” according to a statement released by Disney.
Subsequently, Mr. Piccolo filed suit against Disney and the restaurant for wrongful death of his wife. However, before the court could actually consider the plaintiff’s claims, Disney moved to dismiss the lawsuit in its entirety and to require the claims to be brought in arbitration. Disney’s reasoning was that the plaintiff agreed to resolve all disputes against Disney through arbitration when he signed up for Disney+, the company’s streaming service, in 2019.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on October 9, 2024
The Supreme Court and the Federalist Society Network: The Conversation that Determined Whose Vote Counts
No full textThe article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court\u27s decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN\u27s legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court\u27s expansion of the equal sovereignty doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights
Civil Appeals Mediation Program 2023 Mediation Colloquy \u3ci\u3e Thinking 101 and Mediation\u3c/i\u3e
Get PDFUse of Collaborative Governance in Passing Effective Abortion Laws in Texas to Decrease Rates of Injury, Criminal Penalties, and Civil Litigation
Get PDFThe Impact of the “Misclassification” of Employees as Independent Contractors on New York City’s Performing Arts Institutions and Gig-Based Performers
Get PDFDuring the height of the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made it possible for independent contractors to access unemployment benefits, or “Pandemic Unemployment Assistance” (“PUA”), for the first time. This created a new awareness for how many gig-based performing artists were considered independent contractors. In the wake of the PUA program expiration in 2021, the DOL identified 425,000 fraudulent unemployment benefit claims filed, totaling $5.5 billion, during the COVID-19 pandemic. The fraudulent claims were filed using the real identities of individuals who were not employed, which were likely stolen during previous data breaches of banks, insurance companies, and employers. The extension of unemployment benefits and the following fraud claims ignited a renewed interest in independent contractor misclassification at the New York State Insurance Fund (“NYSIF”) and the New York State Department of Labor (“DOL”) in independent contractor misclassification.
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
Cardozo Law News Brief: July 26, 2024
Get PDFFeatured Faculty: Nargis Baran Val Myteberi Gary Galperin Michael Pollack Ellen Drucker-Albert Michel Rosenfel
Cardozo Marks New School Year by Welcoming Newest Class of JD, LL.M. Students
Get PDFCardozo welcomed its newest members of the JD and LL.M. community during orientation this week.
Approximately 260 students in the fall JD class began their law school journey. Many are native New Yorkers, while others traveled from other countries to study at Cardozo. About half have already worked in the legal field with various law firms or in different professional careers.https://larc.cardozo.yu.edu/cardozo-news-2024/1029/thumbnail.jp
Spring 2024 Symposium: Stop Cop City And The Criminalization Of Social Movements
Get PDFhttps://larc.cardozo.yu.edu/flyers-2023-2024/1097/thumbnail.jp