Law Commons^™

South Camden And Environmental Justice: Substance, Procedure, And Politics, Jeffrey M. Gaba

Faculty Journal Articles and Book Chapters

No abstract provided.

“The University Works Because We Do”: The Status Of Graduate Teaching And Research Assistants For The Purpose Of Collective Bargaining, Grant M. Hayden

Faculty Journal Articles and Book Chapters

No abstract provided.

Introduction, Schulyer G. Chapin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Have Moral Rights Come Of Age, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Keynote: Cultural Property, International Trade And Human Rights, John Henry Merryman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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.

Sovereignty On Our Terms, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

What Is The New Russian Federalism?, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

With the sudden rise of Vladimir Putin, Russian federalism made another volte-face. The ambiguous enforceability of Yeltsin's bilateral treaties with the Russian Federation’s non-Russian ethnic republics (formerly ASSRs) - never ratified by legislatures - was made clear by Putin's disregard for executive promises that no longer suited his interests. One of Putin's first presidential decrees, signed days after his inauguration, divided Russia into seven federal districts, each encompassing several republics, oblasts, and okrugs, and each headed by a presidential enforcer tasked to maintain the supremacy of federal law. Lists were rumoured to circulate in the Kremlin of regional leaders to …

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.

The Enforcibility Of Fixed-Term Employment Contracts That Conflict With Corporate Bylaws, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

Selling Structured Settlements: The Uncertain Effect Of Anti-Assignment Clauses, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

No abstract provided.

The Yugoslav Truth And Reconciliation Commission: A Shaky Start, Jelena Pejic

Fordham International Law Journal

The purpose of this Essay is to examine the establishment of the Yugoslav Truth and Reconciliation Commission and to draw some early conclusions on whether it will be capable of rendering the facts that I would so desperately like my uncle to face. The first part will deal with the need for a Truth and Reconciliation Commission, while the second part will outline and then comment on its basic documents. The assumption is that the reader is basically familiar with the work of similar commissions around the world and the text will therefore not attempt to repeat the literature on …

Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan

Fordham International Law Journal

This Note addresses international trafficking of women for the sex trade. Part I describes the existing laws that prohibit trafficking of women for the sex trade internationally, within the European Union ("EU"), and in the United States. Part I also explains how these laws can be used to combat global trafficking of women. Part II analyzes existing anti-trafficking laws in the relevant international treaties, the EU, and in the Unites States. Part II explores experts' opinions on the shortcomings of the existing laws for effective prevention of trafficking. Part III advocates that a comprehensive approach is necessary to eradicate international …

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …

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 …

The Global Schoolyard Bully: The Organisation For Economic Co-Operation And Development's Coercive Efforts To Control Tax Competition, Alexander Townsend, Jr.

Fordham International Law Journal

This Comment seeks to analyze the OECD's effort to curb tax competition. Section I of this Comment provides background information of the emergence of international taxation and the remedial measures historically enacted to address global fiscal issues, notably double taxation. This section will also outline the OECD's emergence and role in international taxation issues. Furthermore, this section will discuss globalization and its contribution to the growth of preferential tax regimes, thus facilitating the OECD's remedial effort. Section II analyzes the OECD's reports, "Harmful Tax Competition: An Emerging Global Issue" ("1998 Report") and "Towards Global Tax Co-operation: Progress in Identifying 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, …

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith

Fordham International Law Journal

Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone's conflict. Part III subjects particular features …

Issues On Ethnicity And Governance In Nigeria: A Universal Human Rights Perspective, Ema I. Orji

Fordham International Law Journal

This Article focuses on the plight of the Igbo ethnic group of southeast Nigeria. It traces the historical and political evolution of Nigeria with emphasis on ethnic relations. In arguing that the Igbo are victims of fundamental human rights violations, references are made to relevant international human rights instruments, as well as to the various constitutional guarantees entrenched in various Nigerian constitutions. The marginalization of the Igbo is discussed, particularly with regard to disparities in national education programs. This Article also discusses the Igbo right to self-determination and the failure of the international community to intervene on behalf of the …