Cardozo Law Review de•novo

Cardozo Law Review de•novo

 
As the Cardozo Law Review’s online journal, de·novo publishes shorter works of legal scholarship written by legal scholars, professors, judges, and practitioners, including articles on timely legal issues, as well as responses to articles that appear in the print journal. In addition, de·novo publishes several student notes each year. De·novo hosts “online symposia” that feature pieces of legal scholarship centered around selected legal issues in order to foster a timely and topical debate.

Cardozo Law Review’s online companion journal, de·novo, is designed to promote discourse regarding current legal topics, as well as academic matters, through the publication of shorter (10-25 pages maximum) and more targeted pieces.

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Submissions from 2023

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Digital Purgatory and the Rights of the Dead: Protecting Against Digital Disinterment in the Age of Artificial Intelligence, Greyson Cohen

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On the Lawfulness of Awards to Class Representatives, Benjamin Gould

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Remotely Relevant: Addressing Employment-Based Immigration Worksite Location Requirements in the Remote Workspace, Rachel Refkin

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Zoned In: How Residence Restrictions Lead to the Indefinite and Unconstitutional Detention of New Yorkers Convicted of Sex Crimes, Rebecca Tunis

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A Means to an End: A Way To Curb Bias-Based Policing in New York City, Garanique N. Williams

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Revisiting the Disability Integration Presumption, Chris Yarrell

Submissions from 2022

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HIPPA, Matthew T. Bodie

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Something for Nothing: Untangling a Knot of Section 230 Solutions, Nicholas Bradley

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Repairing Our System of Constitutional Accountability: Reflections on the 150th Anniversary of Section 1983, David H. Gans

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A Taxing Mistake, Jeffrey H. Kahn

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Staying in the Takings Lane: The Compensation Issue in Cedar Point Nursery, Mark Kelman

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Standardizing State Vote-by-Mail Deadlines in Federal Elections, Jason Nagel

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Innate Property: The Danger of Incongruency Between Law and the Biological and Behavioral Roots of Property and Possessiveness, Aaron Schwabach

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The Criminal Legal System Doesn’t Care About Your Mental Illness, Fredrick E. Vars

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Textualism, Dynamism, and the Meaning of "Sex", Bill Watson

Submissions from 2021

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A Tale of Two Interoperabilities; Or, How Google v. Oracle Could Become Social Media Legislation, Charles Duan

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The Unconstitutionality of State Bans on Marriage Between First Cousins, Rachel Frommer

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W(h)ither Judgment, Elias Leake Quinn

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COVID-19 and Digital Contact Tracing: Regulating the Future of Public Health Surveillance, Divya Ramjee, Pollyanna Sanderson, and Imran Malek

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Congress and Universal Injunctions, Howard M. Wasserman

Submissions from 2020

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The Trump Administration’s Social Security Rules Will Harm Innovation in the Assistive Technology Industry and People with Disabilities, Christopher Buccafusco and Mariel Talmage

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Survey Says?: U.S. Cities Double Down on Civilian Oversight of Police Despite Challenges and Controversy, Sharon R. Fairley

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Lights, Camera, State Action: Manhattan Community Access Corp. v. Halleck, Graham L. Fisher

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The Dangers to the American Rule of Law Will Outlast the Next Election, Paul Gowder

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Easy as ABC: Why the ABC Test Should Be Adopted as the Sole Test of Employee–Independent Contractor Status, Eric Markovits

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Employers Should Owe a Duty of Loyalty to Their Workers, Andrew Melzer and David Tracey

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The New York Prosecutorial Conduct Commission and the Dawn of a New Era of Reform for Prosecutors, Clyde Rastetter

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Robo-Bureaucrat and the Administrative Separation of Powers, Matthew Seipel

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Child Vehicular Heatstroke Deaths: How the Criminal Legal System Punishes Grieving Parents Over a Neurobiological Response, Amanda Washabaugh

Submissions from 2019

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Effective Assistance of Counsel? An Empirical Study of Defense Attorneys’ Decision-Making in False-Confession Cases, Sara C. Appleby and Hadley R. McCartin

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Kids Say the Darndest Things: Minors and the Internet, Emily DiRoma

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A Cashless Economy: How to Protect the Low-Income, Samuel Erlanger

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A Review of The Wrongful Convictions Reader: A Comprehensive Resource for Students, Faculty, and Practitioners, Stephanie Roberts Hartung

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First Principles for Forum Provisions, Daniel B. Listwa and Bradley J. Polivka

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Reality Check: The Need to Repair the Broken System of Delegating Legislative Power Under the National Emergencies Act, Michael J. Pastrick

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How Far Does the Rabbit Hole Go: The Interaction Between Set-Off Rights and the Voidable Preference Hypothetical in Chapter 7 Liquidation, Josh Rutstein

Submissions from 2018

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What Kind of Judge is Brett Kavanaugh?, Elliott Ash and Daniel L. Chen

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Preserving Film Preservation From The Right of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, and Ian J. Postman

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The Federal Arbitration Act and Independent Contractors, Richard Frankel

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Music Videos: The Gray Area in First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold

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Capital-Sentencing Law and the New Conservative Court, Scott W. Howe

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The Military Transgender Policy: The Realization of Madison’s Incompatible Powers Narrative, Ken Hyle

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The Constitutional Argument Against the Vice President Casting Tie-Breaking Votes on Judicial Nominees, Samuel Morse

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A Drama of Development: Gary Olson on Stanley Fish, Richard Mullender

Submissions from 2017

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Responsibly Irresponsible?: An Analysis of the Medically Noncompliant Offender’s Federal Insanity Defense, Geoffrey Andreu

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Introduction: Immigration Crackdown: Examining the Impact of “Enforcement First” Immigration Policies, Kristina Aragon

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Calculating Artists’ Royalty: An Analysis of the Courts’ Dualistic Interpretations of Recording Contracts Negotiated in a Pre-Digital Age, Nina Aragon

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The Costs of Trumped-Up Immigration Enforcement Measures, Kari Hong

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Zealous and Effective Advocacy: An Assessment of the Constitutional Right to Counsel Within a Drug Court Proceeding, Sarah Kirschenheiter

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The Institutional Case for Partisan Gerrymandering Claims, G. Michael Parsons

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Changing the System Without Changing the System: How the National Popular Vote Interstate Compact ​Would Leave Non-Compacting States Without a Leg to Stand On, Jillian Robbins

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Local Police Entanglement with Immigration Enforcement in Georgia, Azadeh Shahshahani

Submissions from 2016

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Sampling and Reliability in Class Action Litigation, Hillel J. Bavli

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Race-Based Reverse Employment Discrimination Claims: A Combination of Factors to the Prima Facie Case for Caucasian Plaintiffs, Shirley W. Bi

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Is the Uniform Faithful Presidential Electors Act Constitutional?, Robert J. Delahunty

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The Inapplicability of First Amendment Protections to BDS Movement Boycotts, Marc A. Greendorfer

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The Road to Adopting and Implementing Systemic Disclosure Changes in the Dallas County District Attorney’s Office, Susan Hawk and Patricia J. Cummings

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Race, Religion, and RFRA: The Implications of Burwell v. Hobby Lobby Stores, Inc. in Employment Discrimination, Hanna Martin

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Same-Sex Parenting Among a Patchwork of Laws: An Analysis of New York Same-Sex Parents’ Options for Gaining Legal Parental Status, Alexander Newman

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Introduction: New Models for Prosecutorial Accountability, Russell Shapiro

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Enforcing Compliance with Constitutionally-Required Disclosures: A Proposed Rule, Emmet G. Sullivan

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New Models for Prosecutorial Accountability, Ellen Yaroshefsky

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The Continuing Battle Over Economically Targeted Investments: An Analysis of the Department of Labor's Interpretative Bulletin 2015-01, Edward A. Zelinsky

Submissions from 2015

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Religious Freedom: Why States Are Unconstitutionally Burdening Their Own Citizens as They “Lower” the Burden, Jason Goldman

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The Compensation Conundrum in Partial Takings Cases and the Consequences of Borough of Harvey Cedars, Brittany Harrison

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Information Privacy and Data Security, Lauren Henry

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Online Data Breaches, Standing, and the Third-Party Doctrine, Adam Lamparello

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Are Physician-Patient Communications Protected by the First Amendment?, Martha Swartz

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Data Breach (Regulatory) Effects, David Thaw

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Trade Secret Hacking, Online Data Breaches, and China’s Cyberthreats, Peter K. Yu

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Introduction: Data Breaches: Moving Forward, Practically, Cindy E. Zuniga

Submissions from 2014

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Constitutional Implications of School Punishment for Cyber Bullying, Raul R. Calvoz, Bradley W. Davis, and Mark A. Gooden

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A New Approach to Judicial Scrutiny of Voter Registration Laws, David Feinstein

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Federally Recognized Rights of LGBTQ Students to Form Gay-Straight Alliance Organizations (GSAs), Jerry Foxhoven

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Low-Profit Limited Liability Companies: High-Risk Tax Fad or Legitimate Social Investment Planning Opportunity?, Jamie Hopkins

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Back to Basics: Special Domestic Violence Jurisdiction in the Violence Against Women Reactivation Act of 2013 and the Expansion of Inherent Tribal Sovereignty, Laura C. Sayler

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College Students’ Online Speech: Searching for the Appropriate Standards Within First Amendment Case Principles, Jeffrey C. Sun and Neal H. Hutchens

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The Limits of Christian Legal Society, William E. Thro

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NLRB v. Noel Canning Presents a Nonjusticiable Political Question, Victor Williams

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The Basic Logic of Post-Tinker Jurisprudence, R. George Wright

Submissions from 2013

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Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom of Speech: Leaving Patients’ Health, Safety, and Welfare At Risk, Michelle Foody

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Finding Reality in the Right of Publicity, Lindsay Korotkin

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Introduction: China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century, Lindsay Korotkin

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Response to Zadoff on Kwall, Roberta Rosenthal Kwall

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The Second Circuit’s En Banc Crisis, Mario Lucero

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Innovation in China: Fragmentation, Structured Uncertainty, and Technology Standards, Michael Murphree and Dan Breznitz

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Using Valuation-Based Decision Making to Increase the Efficiency of China’s Patent Subsidy Strategies, William J. Murphy and John L. Orcutt

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Zizhu Chuangxin and China’s Self-Driven Innovation: Calling for a Holistic Perspective, Ken Shao

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Collaborative Innovation and Economic Growth: A Comment on China’s Innovation Policies, Chen Wang and Jon Sallet

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Symmetry For Symmetry’s Sake: Why Bose Does Not Require Independent Review of a Trial Court’s First-Amendment-Favorable Findings of Fact, Joshua Wurtzel

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Five Oft-Repeated Questions about China’s Recent Rise as a Patent Power, Peter K. Yu

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Zadoff on Kwall: A Historian’s Critique, Ethan Zadoff