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Articles 11491 - 11520 of 13107
Full-Text Articles in Law
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian
The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian
Cardozo International & Comparative Law Review
The acquittal of Soghomon Tehlirian for assassinating Talaat Pasha, a key architect of the Armenian Genocide, represents a significant instance of symbolic jury nullification. This verdict symbolically addressed the moral and legal failure to hold Talaat Pasha accountable, influencing the development of international human rights law and figures like Raphael Lemkin.
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Cardozo International & Comparative Law Review
The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan
Cardozo International & Comparative Law Review
The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …
The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari
Cardozo International & Comparative Law Review
Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …
The Constitutional Incongruity Of "May-Issue" Concealed Carry Permit Laws, Noah C. Chauvin
The Constitutional Incongruity Of "May-Issue" Concealed Carry Permit Laws, Noah C. Chauvin
University of Florida Journal of Law & Public Policy
No abstract provided.
Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd
Let The Sunshine In: Floridian Felons And The Franchise, Joshua H. Winograd
University of Florida Journal of Law & Public Policy
No abstract provided.
Prisoners As "Quasi-Employees", Ethan Heben
Prisoners As "Quasi-Employees", Ethan Heben
University of Florida Journal of Law & Public Policy
No abstract provided.
Learning While Black: How "Zero Tolerance" Policies Disproportionately Affect Black Students, Sydney Ford
Learning While Black: How "Zero Tolerance" Policies Disproportionately Affect Black Students, Sydney Ford
University of Florida Journal of Law & Public Policy
No abstract provided.
An Unnatural Reading: The Revisionist History Of Abortion In Hodes V. Schmidt, Skylar Reese Croy, Alexander Lemke
An Unnatural Reading: The Revisionist History Of Abortion In Hodes V. Schmidt, Skylar Reese Croy, Alexander Lemke
University of Florida Journal of Law & Public Policy
No abstract provided.
Place Your Finger On The Home Button: The Legality Of Compelling Biometrics, Casey Coffey
Place Your Finger On The Home Button: The Legality Of Compelling Biometrics, Casey Coffey
University of Florida Journal of Law & Public Policy
No abstract provided.
Money Talks: Why The First Amendment Should Protect The Ability Of Student Athletes To Profit Off Their Name, Image Or Likenesses, Luc Hardy Adeclat
Money Talks: Why The First Amendment Should Protect The Ability Of Student Athletes To Profit Off Their Name, Image Or Likenesses, Luc Hardy Adeclat
University of Florida Journal of Law & Public Policy
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Special Issue
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Special Issue
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 39 (2020-21)
Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 39 (2020-21)
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 1
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 1
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Faster Fashion: The Piracy Paradox And Its Perils, Kal Raustiala, Christopher Jon Sprigman
Faster Fashion: The Piracy Paradox And Its Perils, Kal Raustiala, Christopher Jon Sprigman
Cardozo Arts & Entertainment Law Journal
The article introduces the "piracy paradox," arguing that the fashion industry's ability to thrive despite widespread copying is due to the freedom to copy, which accelerates the fashion cycle and drives creativity. It challenges the conventional view that intellectual property rights are essential for innovation. The authors also address critiques of fast fashion's environmental, labor, and social impacts, suggesting these issues are not unique to fashion and should be resolved through broader policies rather than intellectual property law.
The Piracy Paradox And Indigenous Fashion, Aman K. Gebru
The Piracy Paradox And Indigenous Fashion, Aman K. Gebru
Cardozo Arts & Entertainment Law Journal
The conventional justification of intellectual property laws is that recognizing exclusive rights is indispensable for encouraging creativity. The Piracy Paradox challenged this assumption by providing strong evidence of the fashion industry's robust creativity in the face of widespread copying of designs, thereby suggesting that some types of creativity may not need exclusive rights. This Article examines the applicability of the piracy paradox in the context of non-Western cultures. It categorizes indigenous fashion as those open to commercialization and those closed to it. With some important caveats, this Article suggests the piracy paradox may apply to indigenous fashion that is open …
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 3
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 39, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Opening Remarks, Anna Antonova, Michael Burstein
Opening Remarks, Anna Antonova, Michael Burstein
Cardozo Arts & Entertainment Law Journal
The article celebrates the 75th anniversary of the Lanham Act, reflecting on its enduring influence on trademark law while addressing its evolution in response to new legal and technological challenges. It highlights the symposium's exploration of the Act's history, its adaptation to modern issues such as internet-related disputes and First Amendment concerns, and its continued relevance in shaping intellectual property law. The piece also underscores the role of the Cardozo Arts & Entertainment Law Journal as a leading platform for scholarly discourse in intellectual property and related fields.
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao
Fulfilling The Right To Follow: Using Blockchain To Enforce The Artist's Resale Right, Zhao Zhao
Cardozo Arts & Entertainment Law Journal
Visual artists in countries that do not recognize the artist's resale right are at an economic disadvantage, while some countries that recognize the right experience practical difficulties in identifying and tracking resales that are subject to royalty payments for artists. As blockchain technology becomes increasingly applied to the creative industries, the full extent of its potential in enforcing droit de suite by improving the traceability of physical artwork has yet to be realized. Blockchain can be an effective mechanism for enforcing the artist's resale right as an alternative to collective management organizations. Through an analysis of the ability of blockchain …
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
We're All Pirates Now: Making Do In A Precarious Ip Ecosystem, Jessica Silbey
Cardozo Arts & Entertainment Law Journal
Fifteen years after The Piracy Paradox explained how most anticopying protection is unnecessary for a thriving fashion industry, we face another piracy paradox: with broader and stronger IP laws and a digital economy in which IP enforcement is more draconian than ever, what explains the ubiquity of everyday copying, sharing, re-making, and re-mixing practices that are the lifeblood of the Internet's expressive and innovative ecosystems? Drawing on empirical data from a decade of research, this short essay provides two examples ofthis "new piracy paradox ": a legal regime that ostensibly punishes piracy in a culture in which it is unavoidable. …
Panel 1: The Scope And Strength Of Trademark Law, Megan K. Bannigan, Leah Chan Grinvald, Theodore H. Davis Jr., Mark P. Mckenna, Felix Wu
Panel 1: The Scope And Strength Of Trademark Law, Megan K. Bannigan, Leah Chan Grinvald, Theodore H. Davis Jr., Mark P. Mckenna, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article examines the evolution and effectiveness of the Lanham Act, focusing on its impact on trademark law. It discusses how the Act's original goals, such as providing notice of trademark rights and ensuring uniformity in a national commerce context, have been partially met due to the lack of mandatory registration and judicial interpretations that have expanded trademark protections beyond initial intentions. The panelists highlight the tension between the procedural nature of the Act and the substantive changes introduced by courts, leading to both underenforcement and overenforcement issues.
Beyond Lipstick And High Heels: Three Tell-Tale Narratives Of Female Leadership In The United States, Italy, And Japan, Lécia Vicente
Beyond Lipstick And High Heels: Three Tell-Tale Narratives Of Female Leadership In The United States, Italy, And Japan, Lécia Vicente
Journal Articles
No abstract provided.
Even The Slightest: Causation In Fela And Jones Act Cases, Thomas C. Galligan Jr.
Even The Slightest: Causation In Fela And Jones Act Cases, Thomas C. Galligan Jr.
Journal Articles
No abstract provided.
Ending The War On People With Substance Use Disorders In Health Care, Kelly K. Dineen, Elizabeth Pendo
Ending The War On People With Substance Use Disorders In Health Care, Kelly K. Dineen, Elizabeth Pendo
All Faculty Scholarship
Earp et al. (2021) provide a robust justification for the decriminalization of drugs based on the systemic racism that fuels the “war on drugs” and the ongoing harms of drug policies to individuals. The authors’ call for decriminalization is a necessary but insufficient step in addressing the entrenched structural, institutional, and individual discrimination that leads to the inequitable and unjust treatment of people with substance use disorder (PWSUD). Nothing short of robust enforcement of existing legal protections and sweeping legal reforms in the regulation of addiction treatment, controlled substances, health care finance, and civil rights law will be adequate to …
Human Rights Realism, Natalie R. Davidson
Human Rights Realism, Natalie R. Davidson
Vanderbilt Journal of Transnational Law
In the aftermath of gross human rights abuses, when, if at all, should we forego legal accountability? Human rights scholars debated this question in the 1980s and 1990s, in what was referred to as the "peace versus justice" debate. The "justice" side won the day among human rights advocates, among whom the dominant position is that legal accountability is a necessary response to atrocity and cannot be limited by political considerations (a position this Article terms "human rights absolutism'). However, this question has resurfaced in the twenty-first century, in intense debates with interlocutors outside the field of human rights. Faced …
China's Comparative Constitution, Bui Ngoc Son
China's Comparative Constitution, Bui Ngoc Son
Vanderbilt Journal of Transnational Law
The academic field of comparative constitutional law has recently had greater engagements with China's constitution. This Article explains the modes, conditions, and factors of these engagements. The country-studies of China's constitution echo and complicate recent comparative debates on transnational constitution making and the varieties of constitutionalism. Comparative constitutional scholarship formulates new concepts, such as constitutional entrepreneurship and constitutional dissonance, to understand China's constitution. Additionally, it explains China's constitutional divergence from the most similar case, namely Vietnam, and its unexpected constitutional similarities with the most different cases, such as the United States and the United Kingdom. Finally, this scholarship discusses China's …
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Intellectual Property As A Determinant Of Health, Ana S. Rutschman
Vanderbilt Journal of Transnational Law
Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette
Preventing Foreign-Judgment Country Hopping With A New Transnational Recognition And Enforcement Standard, Ryan Everette
Vanderbilt Journal of Transnational Law
Since the 1990s, a group of plaintiffs from Ecuador has been involved in litigation with what is presently the Chevron Corporation. During the lawsuit in Ecuador’s courts, the plaintiffs’ lawyers took part in deceptive activities that led to an unreliable judgment against Chevron and has resulted in civil liability for the lawyers and an inability to enforce the judgment against Chevron in the United States for the plaintiff class. Over the better part of the last decade, the plaintiffs’ lawyers have sought and failed to enforce the judgment in several countries outside of the United States, leading to a prolonging …
How The Fourth Amendment Frustrates The Regulation Of Police Violence, Seth W. Stoughton
How The Fourth Amendment Frustrates The Regulation Of Police Violence, Seth W. Stoughton
Emory Law Journal
Within policing, few legal principles are more widely known or highly esteemed than the “objective reasonableness” standard that regulates police uses of force. The Fourth Amendment, it is argued, is not only the facet of constitutional law that governs police violence, it sets out the only standard that state lawmakers, police commanders, and officers should recognize. Any other regulation of police violence is inappropriate and unnecessary. Ironically, though, the Constitution does not actually regulate the use of force. It regulates seizures. Some uses of force are seizures. This Article explains that a surprising number of others—including some police shootings—are not. …