Supreme Court « The Cardozo Jurist The Cardozo Jurist

Defining the Contours of the Copyright Clause in Golan v. Holder

In early October, the Supreme Court heard oral arguments in a case challenging the constitutionality of the Uruguay Round Agreements Act, or URAA. Plaintiffs in Golan v. Holder—orchestra conductors, teachers and film archivists—have challenged the URAA’s removal of works from

Legal Review

Prof Hamilton Discusses Middle East Constitutions

August 2, 2011 #Constitution #Middle East #politics #religion #Supreme Court

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How do we know when a Constitution has failed? Is it the actual revolt of the people that alerts us to a constitutional failure, or is it a lower threshold than that, i.e. the lack of certain aspects of the

Legal Review

On Behalf of Class Action: SCOTUS Preempts Key Mechanism of Consumer Protection

#government #politics #Supreme Court

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Hopefully, you’ve managed to take a look at the Supreme Court Review over the last few issues. If so, you may recall an article covering AT&T v. Concepcion, a somewhat complicated case involving the Federal Arbitration Act (FAA), federal pre-emption

Legal Review

Healthcare Harmful, Unconstitutional

April 14, 2011 #government #healthcare #politics #Supreme Court

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While our current healthcare system is in dire need of reform, the Patient Protection and Affordable Care Act (PPACA) is a disastrous regime for at least three reasons:
1) Increased cost. The President’s claim that the PPACA will bring down

Legal Review

Healthcare Saves Lives, Mine

#healthcare #politics #Supreme Court

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Obamacare, as it is pejoratively termed, may very well have saved my life. I was born with a congenital heart defect that required open-heart surgery. My parents did not have health insurance when my heart failed and getting insured with

Front Page

Tax Clinic on the Cusp of a Supreme Court Appearance

#Clinics #featured #Supreme Court #tax

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If the courts play out in Professor Carlton Smith’s favor, Cardozo may house the first tax clinic to ever appear before the Supreme Court. Next month, the supervising attorney of the Cardozo Tax Clinic will appear before the Second Circuit

Legal Review

Assessing the Constitutionality of Chapter 8 Bankruptcy Proceedings

March 1, 2011 #government #law #politics #Supreme Court

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When it comes to the current state debt crises, some might say federalism means that states like California or Illinois, one way or another, need to pay for their own mess. Others might say just the opposite, arguing that a

Culture & Entertainment

Arbitration on my Mind: Lessons learned from Altmann v. Austria

#arbitration #Art #Culture & Entertainment #holocaust #Supreme Court

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Maria Altmann, a Jewish refugee from Vienna, who at the age of 83 challenged Austria’s ownership of five Gustav Klimt paintings and won them in arbitration, died on February 7, 2011 at the age of 94. She was a niece

Opinion, The News

Cardozo Professor Cited in SCOTUS Decision

#Cardozo #featured #politics #Supreme Court

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I was a bit bemused by the Supreme Court Review article you ran in your February 2011 issue on the Costco v. Omega case—a case argued on November 8, 2010. On December 13, 2010, the Supreme Court issued an opinion

Legal Review

Costco v. Omega: SCOTUS Feigns Decision on First-Sale Doctrine

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Last month, the Supreme Court found itself divided over the scope of copyright protection as applied to goods manufactured abroad and imported into the domestic U.S. market. Implicated in Costco v. Omega was the first-sale doctrine, which amounts to a