Cardozo Law Review
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Latest posts
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Opting Out of Subordination: Minors’ Right to Control Their Bodies and Futures
The U.S. legal system, structured around parental authority, consistently mediates and contains minors’ constitutional claims, particularly in areas involving bodily autonomy, identity, and education. In doing so, the law treats minors in a property-like manner and leaves them…
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The Insular Cases “Are Not a Life Preserver”: The Covenant and Self-Determination in the Northern Mariana Islands at Fifty
The Insular Cases—Supreme Court rulings from the early 1900s addressing the constitutional status of U.S. Territories—are facing what Justice Neil Gorsuch has called “a long overdue reckoning.” In 2022, Gorsuch declared that the Insular Cases “deserve no place in our law”…
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Empire by Gaslight
This Article argues that the constitutional law of U.S. colonialism as it applies to Puerto Rico should be understood as a form of collective gaslighting. The United States has been gaslighting Puerto Ricans for a century-and-a-quarter. By defining their constitutional status as…
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Chevron USA Inc. v. Plaquemines Parish: Did the Removal Clarification Act of 2011 Abrogate the “Causal Nexus” Requirement for Removal Pursuant to 28 U.S.C. § 1442—The Federal Officers Removal Statute?
On June 16, 2025, the Supreme Court granted certiorari in Chevron USA, Inc. v. Plaquemines Parish to address whether the causal-nexus requirement survived the Removal Clarification Act of 2011’s amendment to 28 U.S.C. § 1442, the federal officer removal statute (FORS). The…
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Territorial Inequality in a Warming World: The ICJ’s Climate Opinion and the Future of Self-Determination for Puerto Rico
This Article examines how climate change and Puerto Rico’s territorial status operate as mutually reinforcing constraints on the archipelago’s right to self-determination. While Puerto Rico is highly exposed to intensifying climate impacts, its status as an unincorporated U.S.…
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The New Investment Horizon for the National Football League
In August 2024, the National Football League became one of the last major North American sports leagues to permit private equity investment in its member teams. The league’s new bylaws, however, impose significant restrictions on this investment: only six pre-approved private…
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Lord of All I Survey: United States as Imperial Trustee of the Insular Territories
This Article examines the language of colonization established in the seminal Supreme Court case of Downes v. Bidwell, which has resulted in America’s five existing overseas territories becoming long-term colonies of the United States. Downes was decided in 1901, and it set up…
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The Seductive Doctrine of Chances
With increasing frequency, courts invoke the doctrine of chances to evade evidence law’s ban on character evidence. When, for example, an arson defendant claims he did not torch his house, a court will allow the prosecution to prove that this is the fifth time the defendant’s…
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Rewriting Downes v. Bidwell
This Essay engages in a thought experiment. Employing the “rewriting” approach to Supreme Court cases recently used by legal scholars, this Essay provides an alternative version of the case considered most important among the Insular Cases—Downes v. Bidwell—where the Supreme…
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Doctrinal Interregnum in the Law of United States Territories
The past decade witnessed an unprecedented renaissance in interest in the constitutional treatment of U.S. territories. Once derided as “a marginal debate about marginal places” or “‘a footnote within a footnote’ of an already niche field,” law journals published a staggering…