Compulsory Voting and Black Citizenship

Protesting Black votes is part of our history of rejecting Black Americans as legitimate wielders of political power and contesting the fullness of Black citizenship. Obviously, hostility toward viewing Black Americans as deserving of the rights owed to other Americans is present in nearly every aspect of American life. But, among the oldest and most contentious hostilities—from the Civil War to Reconstruction to the Civil Rights Movement to contemporary voter suppression efforts—has been the resistance against Black votes. Any opportunity to quell this locus of racial animus calls for urgent address. Particularly, at this moment, when long-standing prophylactic measures such as the Voting Rights Act of 1965 (VRA) are being dismantled, a permanent solution to Black disenfranchisement, its material costs, and its symbolic harm, should be pressing. One simple, if not (politically) easy, solution beckons. Notwithstanding sporadic academic attention, compulsory voting and its connection to Black citizenship has not, to my knowledge, been explored in legal literature. The possible effects of compulsory voting on political inequality, particularly across wealth and class, have been intermittently examined. Scholars who have argued for compulsory voting have also noted the potential material effects of compulsory voting on minority communities, in passing. But, the important symbolic antidote that compulsory voting offers to the history of racist attacks on Black voting remains unexplored

Inside the Professor\u27s Studio

https://larc.cardozo.yu.edu/event-invitations-2017/1069/thumbnail.jp

Letter from NY Law Faculty in Support of Diploma Privilege

For more information, please refer to Karen Sloan\u27s article, Hundreds of New York Law Professors Endorse Emergency Diploma Privilege, published by the New York Law Journal and appearing on Law.com on July 22, 2020. Additional Signatories: Susan Abraham (New York Law School), Michelle Adams (Benjamin N. Cardozo School of Law), Miriam Albert (Maurice A. Deane School of Law at Hofstra University), Jose E. Alvarez (New York University School of Law), Claudia Angelos (New York University Law School), Deborah Archer (New York University Law School), Jennifer Arlen (New York University Law School), Anna Arons (New York University Law School), Jonathan Askin (Brooklyn Law School), Barbara L. Atwell (Elisabeth Haub School of Law at Pace University), Aditi Bagchi (Fordham University School of Law), Rachel Barkow (New York University Law School), Melynda Barnhart (New York Law School), John Q. Barrett (St. John’s University School of Law), Christine P. Bartholomew (University at Buffalo School of Law), Mark Bartholomew (University at Buffalo School of Law), Jennifer Baum (St. John’s University School of Law), Christopher Beauchamp (Brooklyn Law School), Debra Bechtel (Brooklyn Law School), Edith Beerdsen (New York University School of Law), Peter A. Bell (Syracuse University College of Law), Lenni Benson (New York Law School), Paula Berg (City University of New York School of Law), Anya Bernstein (University at Buffalo School of Law), Beryl Blaustone (City University of New York School of Law) Susan Block-Lieb Cooper (Fordham University School of Law), Pamela Bookman (Fordham University School of Law), Rebecca M. Bratspies (City University of New York School of Law), Ray Brescia (Albany Law School), Richard Briffault (Columbia Law School), William Brooks (Touro College Jacob D. Fuchsberg Law Center), Emily Brown (Syracuse University College of Law), James J. Brudney (Fordham University School of Law), Christopher Buccafusco (Benjamin N. Cardozo School of Law), Jessica Bulman-Pozen Betts (Columbia Law School), Keith Bybee (Syracuse University College of Law), Gina M. Calabrese (St. John’s University School of Law), Janet M. Calvo (City University of New York School of Law), Ann Cammett (City University of New York School of Law) Juli Campagna (Maurice A. Deane School of Law at Hofstra University), Bennett Capers (Fordham University School of Law), Stacy Caplow (Brooklyn Law School), Rosa Castello (St. John’s University School of Law), Oscar G. Chase (New York University School of Law), Asima Chaudhary (City University of New York School of Law), Nina Chernoff (City University of New York School of Law), Elaine Chiu (St. John’s University School of Law), Wilfred U. Codrington III (Brooklyn Law School), Jim Cohen (Fordham University School of Law), Jeffrey M. Colon (Fordham University School of Law), Jordana Confino (Fordham University School of Law), George W. Conk (Fordham University School of Law), Elizabeth B. Cooper (Fordham University School of Law), Briane Cornish (Brooklyn Law School), Bridget J. Crawford (Elisabeth Haub School of Law at Pace University), Laura E. Cunningham (Benjamin N. Cardozo School of Law), Noel B. Cunningham (New York University School of Law), Jason J. Czarnezki (Elisabeth Haub School of Law at Pace University), Matthew D\u27Amore (Cornell Law School), Alina Das (New York University School of Law), Lisa Davis (City University of New York School of Law), Christian C. Day (Syracuse University College of Law), Brett M. Dignam (Columbia Law School), Rebekah Diller (Benjamin N. Cardozo School of Law), Shane Dizon (Brooklyn Law School), Laura Dooley (Touro College Jacob D. Fuchsberg Law Center), Ryan Dooley (City University of New York School of Law), David Dorfman (Elisabeth Haub Law School at Pace University), Doron Dorfman (Syracuse University College of Law), Helen Agnes Drew (University at Buffalo School of Law), Catharine Du Bois (Brooklyn Law School), Catherine Baylin Duryea (St John\u27s University School of Law), Robin Effron (Brooklyn Law School), Elizabeth F. Emens (Columbia Law School), Richard A. Epstein (New York University School of Law), Howard Erichson (Fordham University School of Law), Jeffrey Fagan (Columbia Law School), Golnaz Fakhimi (City University of New York School of Law), John D. Feerick (Fordham University School of Law), Dave Fields (City University of New York School of Law), Martin Flaherty (Fordham University School of Law), Katherine Franke (Columbia Law School), Eric M. Freedman (Maurice A. Deane School of Law at Hofstra University), Barry Friedman (New York University School of Law), Jeanne Fromer (New York University School of Law), Kellen Funk (Columbia Law School), Raquel Gabriel (City University of New York School of Law), Paolo Galizzi (Fordham University School of Law), James A. Gardner (University at Buffalo School of Law), David Garland (New York University School of Law), Mark A. Geistfeld (New York University School of Law), Philip M. Genty (Columbia Law School), Doni Gewirtzman (New York Law School), Shubha Ghosh (Syracuse University College of Law), Maeve Glass (Columbia Law School), Cynthia Godsoe (Brooklyn Law School), Rachel T. Goldberg (Cornell Law School), Elizabeth Goldman (Benjamin N. Cardozo School of Law), Julie Goldscheid (City University of New York School of Law), Ann Goldweber (St. John\u27s University School of Law), Natalie Gomez-Velez (City University of New York School of Law), Jennifer Gordon (Fordham University School of Law), Lauryn Gouldin (Syracuse University College of Law), Elayne E. Greenberg (St. John’s University School of Law), Michelle Greenberg-Kobrin (Benjamin N. Cardozo School of Law), Abner Greene (Fordham University School of Law), Jamal Greene (Columbia Law School), Lissa Griffin (Elisabeth Haub School of Law at Pace University), Jill Gross (Elisabeth Haub School of Law at Pace University), Lisa Grumet (New York Law School), Martin Guggenheim (New York University School of Law), Jennifer A. Gundlach (Maurice A. Deane School of Law at Hofstra University), Hugh C. Hansen (Fordham University School of Law), Bernard E. Harcourt (Columbia Law School), Jonathan Harris (New York University School of Law), Melina Healey (Touro College Jacob D. Fuchsberg Law Center), Julia Hernandez (City University of New York School of Law), Tanya Hernandez (Fordham University School of Law), Helen Hershkoff (New York University School of Law), Randy Hertz (New York University School of Law), Robert A. Heverly (Albany Law School), Michael F. Higgins (University at Buffalo School of Law), Tracy Higgins (Fordham University School of Law), Alexis Hoag (Columbia Law School), Martha R. Hochberger (New York Law School), Babe Howell (City University of New York School of Law), Rob Howse (New York University School of Law), Bert I. Huang (Columbia Law School), Carmen Huertas (City University of New York School of Law), Kyron Huigens (Benjamin N. Cardozo School of Law), Tarek Z. Ismail (City University of New York School of Law), Conrad Johnson (Columbia Law School), Paula C. Johnson (Syracuse University College of Law), Kathryn Judge (Columbia Law School), Mitchell Kane (New York University School of Law), Arlene S. Kanter (Syracuse University College of Law), Ramzi Kassem (City University of New York School of Law), Constantine N. Katsoris (Fordham University School of Law), Avery Katz (Columbia Law School), Eileen Kaufman (Touro College Jacob D. Fuchsberg Law Center), Florence Kerner (City University of New York School of Law), Jocelyn Getgen Kestenbaum (Benjamin N. Cardozo School of Law), Richard Klein (Touro College Jacob D. Fuchsberg Law Center), Kate Klonick (St. John’s University School of Law), Lewis Kornhauser (New York University School of Law), Minna Kotkin (Brooklyn Law School), Anita S. Krishnakumar (St. John’s University School of Law), Rebecca M. Kysar (Fordham University School of Law), Sarah Lamdan (City University of New York School of Law), Christine Lazaro (St. John’s University School of Law), Donna Lee (City University of New York School of Law), Nicole Lefton (Maurice A. Deane School of Law at Hofstra University), Arthur S. Leonard (New York Law School), Michael Lewyn (Touro College Jacob D. Fuchsberg Law Center), Theo Liebmann (Maurice A. Deane School of Law at Hofstra University), Edward Lloyd (Columbia Law School), Stephen Loffredo (City University of New York School of Law), Grace M. Lozito (Fordham University School of Law), Shirley Lung (City University of New York School of Law), Mary Lynch (Albany Law School), James Macleod (Brooklyn Law School), Kevin Maillard (Syracuse), Matthew Main (City University of New York School of Law), Deborah C. Malamud (New York University School of Law), Michael W. Martin (Fordham University School of Law), Princess Masilungan (City University of New York School of Law), Camille Massey (City University of New York School of Law), Nancy Maurer (Albany Law School), Andrea McArdle (City University of New York School of Law), Justin McCrary (Columbia Law School), Thomas M. McDonnell (Elisabeth Haub School of Law at Pace University), Kevin McElroy (Maurice A. Deane School of Law at Hofstra University), Peggy McGuinness (St. John’s University School of Law), Estelle M. McKee (Cornell Law School), Mary Helen McNeal (Syracuse University College of Law), Suzette M. Melendez (Syracuse University College of Law), Gillian Metzger (Columbia Law School), Chi Adanna Mgbako (Fordham University School of Law), Flora Midwood (Brooklyn Law School), Kathryn Miller (Benjamin N. Cardozo School of Law), Meredith R. Miller (Touro College Jacob D. Fuchsberg Law Center), Joshua Mitts (Columbia Law School), Kate Mogulescu (Brooklyn Law School), Laura Mott (City University of New York School of Law), Elora Mukherjee (Columbia Law School), Erin Murphy (New York University School of Law), Jessica R. Murray (Syracuse University College of Law), Justin Murray (New York Law School), Melissa Murray (New York University School of Law), Michael B. Mushlin (Elisabeth Haub School of Law at Pace University), Athena D. Mutua (University at Buffalo School of Law), Smita Narula (Elisabeth Haub School of Law at Pace University), Lindsay Nash (Benjamin N. Cardozo School of Law), Robert Nassau (Syracuse University College of Law), Burt Neuborne (New York University School of Law), Elizabeth Nevins (Maurice A. Deane School of Law at Hofstra University), Leslie Newman (Benjamin N. Cardozo School of Law), Jacqueline Nolan-Haley (Fordham University School of Law), Tracy L. Norton (Touro College Jacob D. Fuchsberg Law Center), Anthony O\u27Rourke (University at Buffalo School of Law), Jonathan Oberman (Benjamin N. Cardozo School of Law), Ngozi Okidegbe (Benjamin N. Cardozo School of Law), Judith Olin (University at Buffalo School of Law), Nancy K. Ota (Albany Law School), Jason Parkin (City University of New York School of Law), G. Michael Parsons (New York University School of Law), Frank A. Pasquale (Brooklyn Law School), Russell G. Pearce (Fordham University School of Law), Deborah Pearlstein (Benjamin N. Cardozo School of Law), Talia Peleg (City University of New York School of Law), Katharina Pistor (Columbia Law School), Margot Pollans (Elisabeth Haub School of Law at Pace University), Karen Porter (Brooklyn Law School), David Pozen (Columbia Law School), Edward A. Purcell, Jr. (New York Law School), Paul Radvany (Fordham University School of Law), Aziz Rana (Cornell Law School), Martha Rayner (Fordham University School of Law), LaVonda Reed (Syracuse University College of Law), David J. Reiss (Brooklyn Law School), Alice Ristroph (Brooklyn Law School), Allie Robbins (City University of New York School of Law), Nicholas A. Robinson (Eisabeth Haub School of Law at Pace University), Ruthann Robson (City University of New York School of Law), Sarah Rogerson (Albany Law School), Joseph A. Rosenberg (City University of New York School of Law), Merrick Rossein (City University of New York School of Law), Leif Rubinstein (Touro College Jacob D. Fuchsberg Law Center), David Rudenstine (Benjamin N. Cardozo School of Law), Laura Sager (New York University School of Law), Rosemary Salomone (St. John’s University School of Law), Leslie Salzman (Benjamin N. Cardozo School of Law), Faraz Sanei (New York University School of Law), Carol Sanger (Columbia Law School), Margaret L. Satterthwaite (New York University School of Law), John Henry Schlegel (University at Buffalo School of Law), Elizabeth Schneider (Brooklyn Law School), Jeanne Schroeder (Benjamin N. Cardozo School of Law), Jason Schultz (New York University School of Law), Beth G. Schwartz (Fordham University School of Law), Elizabeth Scott (Columbia Law School), Helen S. Scott (New York University School of Law), Robert E Scott (Columbia Law School), Anthony Sebok (Benjamin N. Cardozo School of Law), Courtney Selby (St. John’s University School of Law), Rena Seplowitz (Touro College Jacob D. Fuchsberg Law Center), John Sexton (New York University School of Law), Houman Shadab (New York Law School), Colleen Shanahan (Columbia Law School), Jeremy Sheff (St. John’s University School of Law), Theodore Silver (Touro College Jacob D. Fuchsberg Law Center), Jocelyn Simonson (Brooklyn Law School), Janet Sinder (Brooklyn Law School), Charisa Smith (City University of New York School of Law), Rachel H. Smith (St. John’s University School of Law), Jeff Sovern (St. John’s University School of Law), Jane M. Spinak (Columbia Law School), Christopher Sprigman (New York University School of Law), Edward Stein (Benjamin N. Cardozo School of Law), John Paul Steines Jr. (New York University School of Law), Jed Stiglitz (Cornell Law School), Katherine Strandburg (New York University School of Law), Susan Sturm (Columbia Law School), Daniel E Subotnik (Touro College Jacob D. Fuchsberg Law Center), Deborah Sundquist O’Malley (Syracuse University College of Law), Olivier Sylvain (Fordham University School of Law), Mary Szto (Syracuse University College of Law), Mateo Taussig-Rubbo (University at Buffalo School of Law), Nelson Tebbe (Cornell Law School), Ruti Teitel (New York Law School), Leslie Y. Garfield Tenzer (Elisabeth Haub School of Law at Pace University), Maria Termini (Brooklyn Law School), Steven Thel (Fordham University School of Law), Kendall Thomas (Columbia University), Monica Todd (Syracuse University), Erin Tomlinson (City University of New York School of Law), Cora True-Frost (Syracuse University College of Law), Jacob Victor (Albany Law School), Rachel Vorspan (Fordham University School of Law), Amy Wallace (New York Law School), Matthew Wansley (Benjamin N. Cardozo School of Law), Ettie Ward (St. John’s University School of Law), G. Ray Warner (St. John’s University School of Law), Daniel Warshawsky (New York Law School), Ian Weinstein (Fordham University School of Law), Samuel N. Weinstein (Benjamin N. Cardozo School of Law), Richard H. Weisberg (Benjamin N. Cardozo School of Law), Robert Wertheimer (Cornell Law School), John Whitlow (City University of New York School of Law), Andrew Williams (New York University School of Law), Rev. Dr. Yvette Wilson-Barnes (City University of New York School of Law), Charles M. Yablon (Benjamin N. Cardozo School of Law), Ellen Yaroshefsky (Maurice A. Deane School of Law at Hofstra University), Steven Zeidman (City University of New York School of Law), Benjamin C. Zipursky (Fordham University School of Law

Inside the Professor\u27s Studio

https://larc.cardozo.yu.edu/event-invitations-2017/1069/thumbnail.jp

Facing Terror Together: Public Agents and Civic Worth

Fearful that moments of great public emergency will create public norms that callously trade the lives of citizens as mere commodities, Harel invokes Kant to undergird the conclusion that actions taken in emergencies can only be taken as a private citizen. Doing so, however, misses the ways in which we can reason together about immense sacrifice as a polity without reducing fellow citizens to commodities and ratify actions taken in the public name. Focusing on the Aristotelian value of franchise, our full-blooded place in our civic polity, affirms that even in the worst of times, we stand together as fellow citizens

Fourth Amendment Review 2021

When it comes to policing, the U.S. Supreme Court too often plays the role of the garish sun. Scholars counsel that policing is the quintessential local activity, often repeating that the United States has up to 18,000 local police forces, and if one wants to change policing, the place to look is your police chief, sheriff, or mayor. Yet despite our own warnings, we cannot help staring towards that Washingtonian marbled temple, to divine the shape of policing to come. If the Supreme Court cannot readily modify policing in each city and hamlet, it is unique in its ability to establish binding nationwide Fourth Amendment rulings and set minimum guarantees on the limits of policing power. And though we know it to be ridiculous, we seek some magic bullet solution to cure the turmoil of contemporary debates and protests surrounding policing

Compulsory Voting and Black Citizenship

Protesting Black votes is part of our history of rejecting Black Americans as legitimate wielders of political power and contesting the fullness of Black citizenship. Obviously, hostility toward viewing Black Americans as deserving of the rights owed to other Americans is present in nearly every aspect of American life. But, among the oldest and most contentious hostilities—from the Civil War to Reconstruction to the Civil Rights Movement to contemporary voter suppression efforts—has been the resistance against Black votes. Any opportunity to quell this locus of racial animus calls for urgent address. Particularly, at this moment, when long-standing prophylactic measures such as the Voting Rights Act of 1965 (VRA) are being dismantled, a permanent solution to Black disenfranchisement, its material costs, and its symbolic harm, should be pressing. One simple, if not (politically) easy, solution beckons. Notwithstanding sporadic academic attention, compulsory voting and its connection to Black citizenship has not, to my knowledge, been explored in legal literature. The possible effects of compulsory voting on political inequality, particularly across wealth and class, have been intermittently examined. Scholars who have argued for compulsory voting have also noted the potential material effects of compulsory voting on minority communities, in passing. But, the important symbolic antidote that compulsory voting offers to the history of racist attacks on Black voting remains unexplored

Fourth Amendment Review 2021

When it comes to policing, the U.S. Supreme Court too often plays the role of the garish sun. Scholars counsel that policing is the quintessential local activity, often repeating that the United States has up to 18,000 local police forces, and if one wants to change policing, the place to look is your police chief, sheriff, or mayor. Yet despite our own warnings, we cannot help staring towards that Washingtonian marbled temple, to divine the shape of policing to come. If the Supreme Court cannot readily modify policing in each city and hamlet, it is unique in its ability to establish binding nationwide Fourth Amendment rulings and set minimum guarantees on the limits of policing power. And though we know it to be ridiculous, we seek some magic bullet solution to cure the turmoil of contemporary debates and protests surrounding policing