Law Commons^™

Your Revolution: The Federal Communications Commission, Obscenity And The Chilling Of Artistic Expression On Radio Airwaves, Nasoan Sheftel-Gomes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "News" From The Feed Looks Like News Indeed: On Video News Releases, The Fcc, And The Shortage Of Truth In The Truth In Broadcasting Act Of 2005, Janel Alania

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Constitutional Validity Of Circuit Court Opinions Limiting The American Right To Sexual Privacy, Shelly Elimelekh

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Off With Their Printheads! An End To The Per Se Presumption Of Illegality For Patent Ties In Illinois Tool Works V. Independent Ink, Aliza Reicher

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Progress On The Wipo Broadcasting And Webcasting Treaty, Matthew D. Asbell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 24, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Leakers, Bloggers, And Fourth Estate Inmates: The Misguided Pursuit Of A Reporter's Privilege, Randall D. Eliason

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Global Copyright, Local Speech, Michael D. Birnhack

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Duty To Protect The Rights Of Performers? Constitutional Foundations Of An Intellectual Property Right, Michael Gruenberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Judicial Participation In Plea Negotiations: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

Current rules in most U.S. jurisdictions prohibit judges from becoming involved in plea negotiations and limit the judges' role to reviewing a plea bargain once it is presented by the parties. The enclosed article surveys three systems that provide for more significant judicial involvement - Germany, Florida, and Connecticut - and suggests that a judge's early input into plea negotiations can render the final disposition more accurate and procedurally just. Based on interviews with practitioners and a review of the case law, the article outlines a model for greater judicial involvement in plea negotiations.

Introduction: Insider Trading (Pli 2d Ed. 2006), Marc I. Steinberg, William K.S. Wang

Faculty Journal Articles and Book Chapters

This paper is the Introductory chapter to Insider Trading (PLI 2d ed. 2006). Insider Trading is a two-volume treatise that analyzes the application of various laws to stock market insider trading and tipping. Among the federal laws are Exchange Act section 10(b), SEC rule 10b-5, mail/wire fraud, SEC rule 14e-3, Exchange Act section 16, and Securities Act section 17(a). The state laws discussed are the common law, the Uniform Securities Act, and the California and New York securities statutes.

Another chapter addresses government enforcement of the insider trading/tipping prohibitions. A chapter on compliance programs deals with how firms can try …

Public Humiliation As A Mitigator In Criminal Sentencing, Barbara Benoliel

Walden Dissertations and Doctoral Studies

This study examined the relationship between the public humiliation and shaming of offenders in the sentencing portion of a criminal trial and the subsequent severity of the sentence the offender receives. Judicial moral shaming of offenders is returning to popularity in the courts, influencing the final sentence outcome as an under-identified mitigator, that substitutes for judges’ other punitive sanctions. Support for this shaming is found in Heider’s attribution theory and in Homans’ theory of social exchange; however Braithwaite found this form of shaming is overly punitive and ineffective. This four phase study used a sequential, mixed method, exploratory research design. …

Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana

Other Publications

No abstract provided.

Book Review Of Anthony Kronman’S “A History Of The Yale Law School”, William P. Lapiana

Other Publications

No abstract provided.

Commentary: Mental Health Legislation, Michael L. Perlin

Other Publications

No abstract provided.

No Toronto Nups For Irish, Arthur S. Leonard

Other Publications

No abstract provided.

Alaska Dp Benefits Must Begin, Arthur S. Leonard

Other Publications

No abstract provided.

The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott

Faculty Articles

It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).

It is necessary to first define the terms "torture" and …

Valuation In Cost-Benefit Analysis: Choosing Between Offer Prices And Asking Prices As The Appropriate Measure Of Willingness To Pay, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Cost-benefit analysis is a well-known technique for evaluating the merits of a policy by attempting to quantify in financial terms all of the costs and benefits that will result from its implementation. In this article, the author focuses on the important question of whether offer prices or asking prices are the theoretically appropriate measure in determining "willingness to pay" and overall efficiency consequences when conducting a cost-benefit analysis. The author surveys the existing literature on this valuation question and offers personal conclusions and recommendations.

Addressing The Incentive For Expropriation Within Business Groups: The Case Of The Korean Chaebol, Christopher Hale

Fordham International Law Journal

This Article builds upon prior empirical findings on the prevalence of pyramids and focuses on the financing subsidies derived through the internal capital markets of pyramids--particularly through affiliations with financial institutions. Part I of this Article provides a brief overview of the relevant literature and the role that pyramids can play in separating ownership and voting rights. Part II describes the phenomenon by which the financing advantages derived by firms with financial affiliates, often non-bank financial institutions (“NBFIs”), results in a distortion of the market that contributes to pyramid expansion, thereby exacerbating the risk of minority shareholder expropriation. Part III …

Why The Private Sector Is Likely To Lead The Next Stage In The Global Fight Against Corruption, Ethan S. Burger, Mary S. Holland

Fordham International Law Journal

This Article focuses on the role of the private sector in fighting corruption. It argues that it is necessary for the private sector to take a more active role in creating meaningful deterrents to international bribery. Part I of the Article offers background on the concept and extent of corruption in general, and bribery in particular. Part II examines the existing U.S. and international legal framework for combating the payment of bribes abroad. Part III looks at non-State actors who may lead implementation efforts in the future.

Irregular Maritime Migration: Refugee Protection Issues In Rescue And Interception, Barbara Miltner

Fordham International Law Journal

This Article undertakes a review of maritime interception and rescue-at-sea practices by evaluating the nature and scope of legal protection that each mechanism affords to refugees encountered at sea. For both interception and rescue, the underlying legal framework and State practice will be discussed, and longstanding protection gaps inherent in each will be examined. Attention is then turned to recent protection improvements in both rescue and interception. These recent changes will be analyzed for their strengths and weaknesses, and some suggestions for improving maritime interception safeguards are offered.

Unresolved Questions In The Bill Of Rights Of The New Iraqi Constitution: How Will The Clash Between "Human Rights" And "Islamic Law" Be Reconciled In Future Legislative Enactments And Judicial Interpretations?, Mohamed Y. Mattar

Fordham International Law Journal

This Article endeavors to answer the question, are the provisions on “human rights” and “Islamic Law” in the new Iraqi constitution compatible? The new Iraqi Constitution recognizes the concept of “human rights” in accordance with Iraq's international obligations, establishes an independent “Supreme Commission for Human Rights,” limits the work of governmental intelligence agencies in accordance with human rights, and prohibits tribal customs that contradict human rights. At the same time, the Constitution makes some references to Islamic Shari'ah: it establishes Islam as the official religion of the State, recognizes Islam as a source of legislation, recognizes Iraq as a part …

Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson

Fordham International Law Journal

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.

John W. Head, The Future Of The Global Economic Organizations: An Evaluation Of The Criticisms Leveled At The Imf, The Multilateral Development Banks, And The Wto, Stephen Zamora

Fordham International Law Journal

This Article reviews Professor John W. Head’s book, The Future of Global Economic Organizations: An Evaluation of Criticisms Leveled at the IMF, the Multilateral Development Banks, and the WTO. Developing country advocates argue that international economic regimes reinforce unequal allocations of wealth both internally, within national economies, as well as among nations. Economic conservatives argue that the World Bank and other multilateral development banks are superfluous in an age of international capital mobility. Professor John W. Head analyzes these and other criticisms in his timely and insightful study.

A Force For Globalization: Emerging Markets Debt Trading From 1994 To 1999, Ross P. Buckley

Fordham International Law Journal

This Article analyzes the history from 1994-1999 of the secondary market in emerging markets debt, identifying the lessons learned from that period of market development. It pays particular attention to the increasing integration of the secondary market for emerging markets debt with traditional financial markets, and to the force for globalization that this secondary market therefore exerted in the period.

The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam

Fordham International Law Journal

This Article seeks to elaborate on various responses to challenges to the rule of law. The authors consider certain of the greatest of these challenges to center around illegitimate control of State organs by groups capable of infringing presumptive rights granted under treaty to States that in a systematic and continuous way resort to abuse of process. This Article, dealing with the equality of arms, is therefore only the first of a series exploring both this problem and the manner in which it may be addressed. This Article assesses whether and to what extent State cooperation, both before international tribunals …

Re-Imagining International Law: An Examination Of Recent Trends In The Reception Of International Law Into National Legal Systems In Africa, Richard Frimpong Oppong

Fordham International Law Journal

This article suggests that the trend of accepting the supremacy and direct application of international law represents a rethinking of the relationship between international and national law, and that its full implications are yet to be explored. The Article seeks to build on current writings on the subject by analyzing certain regional arrangements and judicial approaches relevant to, but often ignored in the discussion. It attempts not to situate these arrangements or approaches within or outside of the monist/dualist paradigm, but to assess the practical significance of these arrangements for international law, national law, and their respective subjects.