Cardozo Faculty In the Media- Cardozo Life Magazine Fall 2022

Cardozo Faculty in the Media Cardozo’s professors are highly sought after as thought leaders in their respective fields. Here is a selection of recent media appearances, op-eds and quotes from the Cardozo faculty. k

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PAMELA FOOHEY

BETSY GINSBERG

KATHRYN MILLER

J&J Competing Cancer Victim Groups Complicate Unit’s Bankruptcy Bloomberg Law

Arizona’s Privatized Prison Health Care Has Been Failing For Years.

A New Court Case Could Change That PBS NewsHour

Ghislaine Maxwell Lawyers Defend ‘Villainized’ Client By Attacking Victims Bloomberg

“Tort victims in general want their own committee apart from unsecured creditors because they’re often looking to get different information from the debtor. The problem is that every committee that is appointed is a financial drain on the business, so there’s less money for everyone to go around.”

“It’s a huge case and it covers an entire system. And it’s a system that has resisted reform of its medical practices for so many years. I don’t think Arizona is so unusual. I have never encountered a system that I thought did a good job.”

“The confrontational process of crossexamination can be seen by the jury as retraumatizing or blaming the victim, particularly when defense counsel is male and the victim is female. Defense teams will often elect to have a female member crossexamine alleged sexual abuse victims to diminish these concerns. Seeing a female team member express doubt about the witness’s story gives the jury permission to do the same.”

BARBARA KOLSUN MYRIAM GILLES

#MeToo Bill Poised To Shake Silicon Valley Politico “Many startups continue to force arbitration in situations of alleged sexual misconduct. We’re going to see a ton of emails go out in the next week indicating that this is now the law. I’m concerned that the bill leaves out the people who are most deserving of judicial adjudication in the tech industry and beyond.”

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What A Company Says About Responsible Fashion Must Be More Than Messaging The Global Legal Post “One of the biggest legal challenges for the luxury sector is dealing with the sustainability factor or, as Vanessa Friedman from The New York Times puts it, ‘responsible fashion.’ We must deal with waste and climate change and undertake responsible manufacturing, working with factories that play by these rules.”

DEBORAH PEARLSTEIN

Biden Refuses To Assert Privilege Over Trump Documents Sought

By January 6 Committee CNN “If the sitting president has said he’s not going to assert privilege, then there’s a certain amount of time (before) the documents then have to be released unless the former President succeeds in getting a court order, an injunction, for example, prohibiting their release. That would require a pretty significant ruling by a federal court.”

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FACULTY IMPACT

in the media

GABOR RONA

MICHAEL POLLACK

Breyer’s Befuddling Hypotheticals Reverberate Through The Halls Of SCOTUS ABA Journal

LESLIE SALZMAN

Russia, The Int’l Criminal Court, and The Malign Legacy Of The U.S. “War on Terror” Just Security Op-Ed

What Can Britney Spears Do Now? Buy A House. Get Married. Sue Those Who Controlled Her Life Los Angeles Times

“The risk: An erroneous ruling by the Court would do severe damage to the Georgia and Ukraine investigations and international humanitarian law more generally. The opportunity: a proper ruling by the Court could help guide the United States and others away from the flawed alternative interpretation of the law.”

“It remains to be seen whether Britney’s case makes long-term change to conservatorship. But this case raised the consciousness of the fundamental problems with this approach.”

“Every justice has their own approach to hypotheticals. Some justices go in the opposite direction of Justice Breyer and go for things that are in the public eye at the moment. I think that can be very effective.”

ANTHONY SEBOK

JESSICA ROTH

Was It Surprising That The Judge Favored Unsealing Portions Of The Affidavit?

NPR ALEXANDER REINERT

To Reform Policing Accountability, States Need Not Wait On Supreme Court And Congress USA Today Op-Ed “With so little progress made at the federal level, state leaders should step up, demonstrate that their words have meaning, and support local legislation that will bring some justice and accountability to their own backyards.”

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“I think it is very telling that Trump’s lawyers are not taking a position in court when they clearly could do so.

It is hard to imagine that there’s anything in this affidavit that is beneficial for Trump to be released.

So I think that they may be trying to benefit strategically from sort of publicly calling for its release.”

We Must Fight The Phantom Threat Of Texas’ Abortion Law Law360 Op-Ed “There is nothing new about elected officials sincerely disagreeing with the Supreme Court about whether the Constitution provides a right to abortion in the first trimester. What is new and troubling about S.B. 8 is not that it expresses an opinion about Roe, but that it makes conduct in reliance on the Supreme Court’s authority a statutory tort.”

CARDOZO LIFE

KATE SHAW

SAMUEL WEINSTEIN

EDWARD ZELINSKY

Some Republicans Continue To Push For ‘Decertification’ Of 2020 Election ABC

Frontier, Spirit Announce Merger To Create Fifth-Largest U.S. Airline The Washington Post

Expand The Taxation of Educational and Other Charitable Endowments Tax Notes

“The Constitution contains no mechanism for decertifying an election. Article II and the 12th Amendment, together with the Electoral Count Act, set forth the steps for counting state electoral votes and naming the president. That happened in January 2021, and that bell cannot be unrung, whatever transpires in the states afterwards.”

“The government could take the view that ‘these are the two most important of the ultra low-cost carriers and we don’t want to see them merged,’ but I doubt that would happen.”

“However well-meaning the advocates of the BBBA’s section 137702 may be, they have picked the wrong vehicle for regulating college and university scholarship practices. Section 4968 should remain intact as the initial extension beyond private foundations of the revenue taxation imposed by section 4940.”

AARON WRIGHT

DAOs Aren’t A Fad—They’re A Platform Forbes MATTHEW WANSLEY

Founders Get Blamed For Start-Up Scandals, But Where Were The Investors?

CNBC “If you’re a company that everyone wants to invest in, one of many ways that you can get leverage over investors is by saying, ‘Let’s make the due diligence requests a little more modest here.’ If you are working at a private company and you know that fewer people are investigating you, it’s a lot easier to conceal misconduct, and conceal it for a longer period of time.”

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Wright points out that the U.S. legal system is more DAO-hospitable than those in Europe, since in the U.S. you can create member-managed companies that don’t designate a single manager or CEO. He helped write a new Wyoming law that allows for LLC DAOs but says the Delaware law is just as flexible.

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