Law Commons^™

Museums And The Acquisition Of Antiquities, James Cuno

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Finding Cultural Property Online, Kenneth Hamma

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Cloning And Copyright, Stephen E. Weil

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Napster Through The Scope Of Property And Personhood: Leaving Artists Incomplete People, Zachary Garsek

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital Killed The Radio Star: The Future Of The Sound Recording Performance Right, Gary M. Mclaughlin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Time To Say Good-Bye To Madonna's American Pie: Why Mechanical Compulsory Licensing Should Be Put To Rest, Theresa M. Bevilacqua

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards

Cardozo Arts & Entertainment Law Journal

No abstract provided.

E-Commerce, Business Method Patents, And The Uspto: An Old Debate For A New Economy, Q. Todd Dickinson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Does Ethics Make Good Law? A Case Study, Jeff Storey

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Preserving The Collaborative Spirit Of American Theater: The Need For A "Joint Authorship Default Rule" In Light Of The Rent Decision's Unanswered Question, Paulette S. Fox

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Crimes Against -Humanity- Women: The Uncomfortable Stories Of ‘Comfort Women.’ A Book Review Essay Of Comfort Women Speak: Testimony By Sex Slaves Of The Japanese Military, Edited By Sangmie Choi Schellstede., Carlin Meyer

Other Publications

No abstract provided.

Was Genocide Committed In Bosnia And Herzegovina? First Judgments Of The International Criminal Tribunal For The Former Yugoslavia, William A. Schabas

Fordham International Law Journal

There are to date some six significant judicial pronouncements dealing with the interpretation and application of article 4--genocide - of the ICTY Statute: two Rule 61 hearings; the Trial Chamber rulings in Jelisic, Krstic, and Sikirica; and the Appeals Chamber decision in Jelisic. In the course of these judgments, the ICTY has made important pronouncements about the actus reus of genocide, the nature of the protected groups, the quantitative dimension of the crime, and the concept of intent.

It is now nearly a decade since international justice began examining whether genocide was committed in Bosnia. Astonishingly, the really big question-and …

Homogenized Law: Can The United States Learn From African Mistakes?, Beverly I. Moran

Fordham International Law Journal

This Essay is an attempt to make sense of the author's experiences working with legal reform in Eritrea. Specifically, what might drive people who are intelligent and informed to create statutes that: (a) probably will not work (the problem of "legal absorption" or "legal transplants"); or (b) if applied will have adverse consequences. In this Essay, the author: Gives a brief introduction on Eritrea; uses an Eritrean intellectual property example to illustrate why countries adopt laws that seem opposed to their interests; gives a brief history of Africa and the transplantation of Western law; gives a brief history of Tax …

Promise Unfulfilled: Law, Culture, And Women's Inheritance Rights In Ghana, Jeanmarie Fenrich, Tracy E. Higgins

Fordham International Law Journal

This Report presents the findings of a Fordham delegation. It consists of three parts. Part I sets out Ghana's obligations under international law as they relate to issues of women's equality generally and inheritance rights specifically. Part II describes the sources of Ghanaian law relevant to the issue. Part II begins with a very general description of the Ghanaian family. It then proceeds to analyze in some detail customary law governing marriage and property, including the customary law of intestate succession, which governed estates prior to 1985. Part II then describes both constitutional and statutory law relevant to intestate succession, …

The Prosecution Of Persons Who Sexually Exploit Children In Countries Other Than Their Own: A Model For Amending Existing Legislation, Daniel Edelson

Fordham International Law Journal

Part I of this Note describes child sex tourism, focusing on both the tourists and their victims. Additionally, Part I discusses extraterritorial legislation as a means to combat child sex tourism. Part II presents country specific examples of extraterritorial legislation against the sexual exploitation of children. Part III sets forth a model of extraterritorial legislation against child sex tourism as well as non-legislative steps that countries should take in response to child sex tourism. Finally, Part III recommends changes that the United States should adopt to more effectively address child sex tourism.

The Working Group On Aggression At The Preparatory Commission For The International Criminal Court, Silvia A. Fernandez De Gurmendi

Fordham International Law Journal

The Working Group on aggression has tackled both main issues referred to in article 5 of the Rome Statute and Resolution F, namely the definition of the crime and the conditions of exercise of jurisdiction by the Court. For some participants these two issues are closely interrelated to the point that one cannot be considered without the other. Without prejudice to the substance of this view, in practice, a separate debate has taken place to allow an orderly discussion of each aspect of the problem.

Discussions during and after Rome demonstrate that there is no easy solution to any of …

The Draft Budget For The First Financial Period Of The Court , Rolf Einar Fife

Fordham International Law Journal

The preparatory work before the entry into force of the Rome Statute of the International Criminal Court (“Rome Statute” or “Statute”) is nearing completion. Basic normative structures governing the establishment and work of the future International Criminal Court (“Court”) have been negotiated. With the discussions on the first draft Budget (“Budget”) and other issues related to the administrative and financial operation of the Court, preparations have taken a significant “practical turn.” The fundamental aim of the Budget is to translate the objectives of the Court in monetary terms and to provide the resources needed by the Court's organs and the …

Financial Regulations And Rules Of The Court , Georg Witcschel

Fordham International Law Journal

The PrepCom established a working group on financial regulations and rules, which held three sessions in November 2000, February 2001, and September 2001. While in part the models of the U.N. and draft ITLOS financial regulations could simply be followed, the PrepCom also had to tackle a number of unprecedented and difficult issues. This Essay describes how the PrepCom addressed the main novel questions.

International Criminal Justice From Paper To Practice - A Contribution From The International Criminal Tribunal For Rwanda To The Establishment Of The International Criminal Court, Adama Dieng

Fordham International Law Journal

The international society's pursuit of international criminal justice entails the creation of a stateless jurisdiction with international scope that holds individuals, rather than States, responsible. As the institutions mandated to exercise international criminal jurisdiction begin to develop their operations, it becomes clear that the execution of justice entails a wide range of policy decisions normally undertaken by the State, in terms of legal aid, policing, education, and information, to mention but a few areas. The International Criminal Court may draw upon the wealth of operational experience of the Tribunals in these areas, but will nonetheless continue to develop its own …

An Assessment Of The Icc Statute, Roy S. Lee

Fordham International Law Journal

The large number of signature States together with the current speed of ratification from various regions of the world seems to indicate the general acceptance of the treaty; many of the problems first identified have since been clarified and resolved. It seems reasonable to expect the Rome Statute to come into operation as early as next summer. While it is necessary to ensure effective criminal investigation and prosecution to counter serious human rights violations, we need also to develop additional ways and means for addressing the root causes that led to violations and impunity. Justice is important but justice alone …

Unbundling Ge/Honeywell: The Assessment Of Conglomerate Mergers Under Ec Competition Law, Götz Drauz

Fordham International Law Journal

A careful approach needs to be taken by antitrust authorities in the assessment of the possible exclusionary effects of conglomerate mergers on competitive conditions. In general, conglomerate mergers will raise concerns when they make the leverage of market power possible, thus having as their effect or object a foreclosure of the market to effective competition. The resulting competitive harm stems from the accumulation of substantial market power across complementary products or product ranges that, not being based on normal business performance or competition on the merits, may substantially reduce consumers' choice and ultimately lead to higher prices and a loss …

Energy Liberalization And Ec Competition Law , Michael Albers

Fordham International Law Journal

Community competition policy utilizes four main instruments in order to contribute to the realization of these prerequisites: classical antitrust (prohibition of cartels and abuses of dominant positions), merger control, supervision of enterprises entrusted with special or exclusive rights, and State aid control. Energy liberalization requires the comprehensive use of all four instruments in order to bring about and ensure genuine competition on the European electricity and gas markets. It seems that energy liberalization is also unique in this regard. The close link between internal market and competition policy in the liberalization process means that both have to be seen together. …

'Consent' In Relation To Curbs Of Parallel Trade In Europe, Valentine Korah

Fordham International Law Journal

The most important development of 2000 in competition law for Intellectual Property (“IP”) advisors is, probably, the judgment in the Court of First Instance (“CFI”) in Bayer v. Commission. Preventing traders buying medicines in countries where the government permits them to be sold only at prices well below world levels has long created problems. Parallel traders then sell them in countries where the maximum price is higher.

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Fordham International Law Journal

The Article examines a group of approximately three hundred foreign layer LL.M. graduates working in New York between 1999 and 2000, and presents information about their nationality, education, and employment. This information is supplemented with stories of individual foreign lawyers, as well as with the large law firm perspective as articulated by hiring partners at a number of U.S.-based elite international firms. The Article considers the experiences of foreign lawyers in U.S. law schools and law firms, and explores the ways in which these organizations and the foreign lawyers come together to further their respective ends.

The Right Of A Minor In Israel To Participate In The Decision-Making Process Concerning His Or Her Medical Treatment, Yehiel S. Kaplan

Fordham International Law Journal

The Article raises questions concerning the validity of the age of eighteen years as the youngest age allowing independent consent of a minor in Israel to his or her medical treatment. One of the primary suggestions in the Article is that there is a need to apply the informed consent doctrine to the medical treatment of Israeli and other minors who possess the appropriate capacities deemed necessary for comprehending the full implication of their consent. The authors believe that the doctrine of “developing capacities,” as formulated in Article 12 of the U.N. Convention on the Rights of the Child, to …

Introduction, Thane Rosenbaum

Fordham International Law Journal

The purpose of this special issue of the Fordham International Law Journal and the underlying Symposium that was held on November 1, 2001 at Fordham Law School is to examine the moral dimensions of the question of restitution in the aftermath of atrocity. This special edition will specifically explore questions regarding restitution for victims of the Holocaust nearly sixty years after the liberation of the concentration camps of Europe.

Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran

Fordham International Law Journal

Suppression and erasure have played a significant role in the context of the Holocaust. The massive number of deaths yielded a terrible weight of silence, and the erasure of memory occurred in a multiplicity of ways, including: (1) viciously and cynically on the part of many who sought to hide all traces of their crimes; (2) protectively on the part of some who sought to save the lives of the prosecuted; and (3) inevitably as the result of the disappearance of a world and culture destroyed beyond any possibility of resuscitation by the few individuals who survived in displacement and …

The Evolution And Objectives Of The Holocaust Restitution Initiatives, Transcripts

Fordham International Law Journal

Contains the records of remarks from a panel discussion on the evolution and objectives of the Holocaust restitution initiatives. Covers discussion of the moral dimension to restitution, legal questions, and complexity of the situation with regard to third party purchasers of stolen property. Panel included a social psychologist and psychotherapist, a professor of law, and the Special Representative of the German, Chancellor for the Foundation: “Remembrance, Responsibility and the Future,” Germany.

The Strategies Used To Achieve Non-Monetary Goals, Transcripts

Fordham International Law Journal

Record of remarks from a panel titled, “The Strategies used to Achieve Non-monetary Goals.” Panelists included law professors, Director of the Office of Special Investigations, United States Department of Justice, and a Holocaust survivor and Treasurer of the American Gathering of Jewish Holocaust Survivors.

Keynote Address, Stuart Eizenstat

Fordham International Law Journal

Keynote address given by the Clinton Administration's leader on Holocaust-era issues as Special Representative of the President and Secretary of State. The address covered the details of major agreements with the Swiss, Germans, Austrians, and French concerning monetary restitution. The adddress provides an overview of the development of a push in the U.S. to take on the Swiss banks on behalf of Holocaust survivors and their heirs.