Law Commons^™

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 20 (2011-2012)

Cardozo Journal of International and Comparative Law

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 20, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims, Shelley Mcgill, Ann Marie Tracey

Cardozo Journal of International and Comparative Law

The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or …

Stateless, Jay Milbrandt

Cardozo Journal of International and Comparative Law

The article argues that statelessness, affecting 12 million people globally, is a critical issue that international law inadequately addresses. It highlights the limitations of current legal frameworks and proposes a modern, technology-driven identification system to mitigate this crisis, drawing inspiration from historical solutions like the Nansen Passport.

Have Truth And Reconciliation Commissions Helped Remediate Human Rights Violations Against Women? A Feminist Analysis Of The Past And Formula For The Future, Margaret (Peggy) Maisel

Cardozo Journal of International and Comparative Law

The article argues that Truth and Reconciliation Commissions (TRCs) have largely failed to adequately address human rights violations against women due to their male-centered frameworks, which prioritize public sphere violations over private sphere abuses. While some TRCs, such as those in Sierra Leone and Peru, have made strides in incorporating gender considerations, others, like the South African TRC, have excluded women's experiences, perpetuating gender inequality. The article advocates for a gender-inclusive approach to ensure women's voices and violations are integral to reconciliation processes, emphasizing the need to address both civil-political and economic-social rights.

"Reputations... A Lifetime To Build, Seconds To Destroy": Maximizing The Mutually Protective Value Of Morals Clauses In Talent Agreements, Sarah D. Katz

Cardozo Journal of International and Comparative Law

The note examines the effectiveness of morals clauses in contracts, emphasizing their value lies in the protection they offer to both talent and nontalent parties. However, their efficacy is contingent upon being tailored to the specific industry and parties involved. Generic clauses fail to account for these differences, leading to reduced predictability and, consequently, diminished value.

Battling Clearance Culture Shock: Comparing U.S. Fair Use And Canadian Fair Dealing In Advancing Freedom Of Expression In Non-Fiction Film, Sarah Sklar-Heyn

Cardozo Journal of International and Comparative Law

The note explores the tension between intellectual property rights and freedom of expression, particularly focusing on the challenges faced by nonfiction filmmakers in navigating copyright laws. It highlights how fair use and fair dealing doctrines in the U.S. and Canada serve as critical tools for balancing these competing interests. The analysis emphasizes the importance of flexible legal frameworks to accommodate the unique needs of documentary filmmaking, which often relies heavily on the use of preexisting works. The note also examines the potential for international harmonization of these doctrines to facilitate global distribution of audiovisual works.

The Manual Scavenging Problem: A Case For The Supreme Court Of India, Samuel D. Permutt

Cardozo Journal of International and Comparative Law

The note addresses the persistent issue of manual scavenging in India, a practice where predominantly Dalit women and girls clean human waste under deplorable conditions. Despite legal prohibitions, the practice continues due to caste-based discrimination and inadequate sanitation infrastructure. The author argues that the Supreme Court of India, through Public Interest Litigation (PIL), can effectively tackle this issue by implementing a three-step solution to eradicate manual scavenging.

Free Will Paradigms, Kent Greenfield

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

Rights And Remedies Under The Constitution: Extraterritorial Application Of The Writ Of Habeas Corpus, Christopher S. Ford

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The Failing Faith In Class Actions: Wal-Mart V. Dukes And At&T Mobility V. Concepcion, Catherine Fisk, Erwin Chemerinsky

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

F11rs Sgb No. 10 (Rules Of Court), Swinburn

Student Senate Enrolled Legislation

A BILL

To amend the Rules of Court

F11rs Sgb No. 1 (Election Code), Loga, Beadle, Frias, Sullivan

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Election Code

F11rs Sgb No. 4 (Cc Budget), Caffarel, Beadle, Loga, Sullivan

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Budget

F11rs Sgb No. 3 (Cc Bylaws), Caffarel, Beadle, Loga, Sullivan

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws

F11rs Sgb No. 7 (Psif Bylaws), Simon

Student Senate Enrolled Legislation

A Bill

To amend the programing, Support, and Initiatives Fund Bylaws

F11rs Sgb No. 6 (Caucus Leadership), Beadle

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Bylaws

F11rs Sgb No. 8 (Adjournment Rules), Glorioso

Student Senate Enrolled Legislation

A BILL

To amend the Senate Rules of Order

F11rs Sgb No. 1 (Clicker Rules), Loga

Student Senate Enrolled Legislation

A BILL

To amend the Senate Rules of Order

F11rs Sgb No. 9 (Budget), Beadle

Student Senate Enrolled Legislation

A Bill

to budget the funds of the Student Government of Louisiana State University and Agricultural and Mechanical College for the fiscal year 2011-2012; to appropriate funds for activities, projects, and programs of the Student Government; and to appropriate grants to certain student groups and organizations according to the Constitution and Bylaws of the Student Government.

F11rs Sgb No. 5 (Rules Of Court), Frias

Student Senate Enrolled Legislation

A Bill

To amend the Rules of Court

F11rs Sgb No. 11 (Amend Budget), Beadle

Student Senate Enrolled Legislation

A BILL

To amend the 2011-2012 Student Government Budget

F11rs Sgb No. 13 (Regalia), Loga

Student Senate Enrolled Legislation

A BILL

To Amend The student Government Bylaws

F11rs Sgb No. 14 (Part-Time Student Exclusion), Beadle, Ball, Buffington, Carrizales, Alex Grashoff, Hebert, Swinburn, Trout, Wyatt

Student Senate Enrolled Legislation

A BILL

To amend the Student Government Bylaws

F11rs Sgr No. 9 (Composting), Wyatt, Trout, O'Pry

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request the establishment of a campus-wide composting program at Louisiana State University

F11rs Sgfb No. 1 (Clickers), Caffarel

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate two thousand two hundred seventh eight dollars and forty five cents ($2,278.45) from the Student Government Surplus Account to fund the acquisition of ‘clickers’ for the Student Senate

F11rs Sgfb No. 2 (Clickers For Library), Sullivan, Glorioso

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate fourteen thousand eighty-four dollars and thirty-five cents ($14,084.35) from the Student Government Initiatives Account to fund the purchase of Turning Technologies clickers for the LSU Middleton Library

F11rs Sgfb No. 3 (Going Global), Westbrook

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of seventeen hundred dollars ($1,700) from the Senate Contingency Account to fund the Going Global Program at LSU

F11rs Sgfb No. 4 (Architecture), Zeringue

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate a maximum of $2,672.65 (two thousand six hundred seventy two dollars and sixty five cents) of the Student Government Initiatives Account to provide funding for a Design Build Tool Lending Library in the Office of Community Design and Development.

F11rs Sgfb No. 9 (Philosophy), Neal

Student Senate Enrolled Legislation

A FINANCE BILL

To appropriate the amount of $380.00 (three hundred and eighty dollars)of the Student Senate Contingency fund to help with costs associated with Philosophy colloquium, in order to have mark lance speak to students on campus in mid-November