Comparative and Foreign Law Commons^™

Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke

Cardozo International & Comparative Law Review

The note critiques the overreach of intellectual property protections surrounding the Olympics, which have led to hyperlitigation, stifled public engagement, and disproportionately harmed smaller entities while benefiting large corporations. It proposes reforming the Ted Stevens Olympic and Amateur Sports Act by incorporating a fair use framework, modeled after the Copyright Royalty Board, to balance intellectual property enforcement with public participation and transparency. This approach aims to address the challenges posed by ambush marketing and sponsorship protection in the modern media landscape while ensuring equitable opportunities for all stakeholders.

Resolving The Circuit Split Over Consent Based Searches In Shared Living Spaces, Christopher Grimaldi

Cardozo International & Comparative Law Review

The note argues that the police, not citizens, should bear the responsibility of resolving ambiguities in consent to search cases under the Fourth Amendment. It advocates for a solution that aligns with Supreme Court precedent, particularly Rodriguez and Salinas-Cano, to ensure constitutional protections while maintaining efficient law enforcement. The proposed approach emphasizes the importance of police inquiry to clarify authority over jointly used property, balancing individual privacy rights with practical law enforcement needs.

Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado

Cardozo International & Comparative Law Review

The note explores the concept of the right to obscurity as a subset of privacy rights, distinguishing it from the right to be forgotten. It examines how this right is addressed in E.U. and U.S. law, highlighting the E.U.'s robust framework under the GDPR and the more limited, sector-specific protections in the U.S. The analysis emphasizes the importance of balancing individual privacy rights with freedom of expression and the public interest, advocating for a proactive approach to data control rather than retroactive deletion.

The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy

Cardozo International & Comparative Law Review

The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

2018-19 Executive, Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

No abstract provided.

Liability For Providing Hyperlinks To Copyright-Infringing Content: International And Comparative Law Perspectives, Jane C. Ginsburg, Luke Ali Budiardjo

Faculty Scholarship

Hyperlinking, at once an essential means of navigating the Internet, but also a frequent means to enable infringement of copyright, challenges courts to articulate the legal norms that underpin domestic and international copyright law, in order to ensure effective enforcement of exclusive rights on the one hand, while preserving open communication on the Internet on the other. Several recent cases, primarily in the European Union, demonstrate the difficulties of enforcing the right of communication to the public (or, in U.S. copyright parlance, the right of public performance by transmission) against those who provide hyperlinks that effectively deliver infringing content to …

In Defense Of Territorial Jurisdiction, Cody Jacobs

Faculty Scholarship

As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.

This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …

Urbanization, Land Rights And Development: A Case Study Of Waterfront Communities In Lagos, Nigeria., Gideon Olaniyi Omoniyi

Master's Theses

The aim of this study is to examine the root causes of forced evictions and displacement through the current urbanization process in Lagos, Nigeria. My particular attention is devoted to the legal complexities and how ethnolinguistic identities shape land laws, influence land tenure, and construct urban citizenship. Through this process, competing claims to land ownership provide fertile ground for forced evictions and displacement. Existing scholars suggest that poor urban residents lack rights to stay in their neighborhoods, while a powerful capitalist class has emerged and dispossessed the poor from their lands. Yet these existing approaches derived from the neoclassical and …

The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Brooklyn Journal of International Law

Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …

Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis

Brooklyn Journal of International Law

At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …

The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz

Brooklyn Journal of International Law

As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …

Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz

Brooklyn Journal of Corporate, Financial & Commercial Law

The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …

What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister

Brooklyn Journal of Corporate, Financial & Commercial Law

Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

Biennial Conference: The Social Practice of Human Rights

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning …

International Investment Law Through The Lens Of Global Justice, Steven Ratner

Law & Economics Working Papers

The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …

Oliari And The European Court Of Human Rights: Where The Court Failed, Vito John Marzano

Pace International Law Review

The European Court of Human Rights revisited the issue of legal recognition for same-sex partnerships on July 21, 2015 when it decided Oliari and Others v. Italy. This Note explores the implications of that decision and what it may mean for same-sex couples within Italy and throughout the Council of Europe. Through a careful analysis of the decision, this Note concludes that Oliari provides slight yet important movement on the issue of a Contracting State’s obligation to afford legal recognition for same-sex partnerships, but a practical implementation of the Court’s holding likely will yield little additional movement in more conservative …

Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji

Seattle University Law Review

This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …

The Published Works Of Sir Nigel Rodley, James W. Hart

Law Librarian Articles and Other Publications

This work is a comprehensive bibliography of the writings of Sir Nigel Rodley that was compiled for the Urban Morgan Human Rights Conference Honoring Sir Nigel Rodley that was held at the University of Cincinnati College of Law on October 28 and 29, 2017. It lists the books that he was the sole author of, books that he edited either solely or with others, chapters in books edited by others, journal articles, conference papers, book reviews, reports issued as part of his UN work, two manuscripts, introductions, forwards, comments, tributes, and obituaries. It does not list decisions of the UN …

Is There A Place For Islam In The West? Adjudicating The Muslim Headscarf In Europe And The United States, Andrea Pin

Notre Dame Law Review Reflection

Part I of this short Article explains the relevance of the Micropole and Achbita decisions; Part II explores the common line of reasoning behind them; and, finally, the conclusion analyzes their impact within the European scenario of religious freedom—especially for Muslims—and contrasts them with the United States’ approach to the topic.

Do We Need A Global Commercial Code?, Michael Joachim Bonell

Dickinson Law Review (2017-Present)

The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …

Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18)

Cardozo International & Comparative Law Review

No abstract provided.

Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff

Cardozo International & Comparative Law Review

The article argues that the European Union (EU) faces significant challenges to its cohesion and values, including rising populism, corruption, and economic inequality. It posits that the EU’s future depends on leaders embracing the founding principles of unity, solidarity, and human rights, as envisioned by figures like Robert Schuman. The analysis emphasizes the need for commitment to these values to counteract forces of disintegration and ensure prosperity, peace, and justice for all members.

The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao

Cardozo International & Comparative Law Review

This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz

Cardozo International & Comparative Law Review

The note examines the systemic discrimination faced by transgender individuals, particularly in access to bathrooms and prison housing, arguing that such treatment reflects broader societal and legal failures to recognize and protect gender identity. It critiques binary policies that perpetuate harm and advocates for inclusive measures to ensure equal rights and safety. The analysis underscores the legal system's evolving understanding of gender identity and the urgent need for enforceable protections.

A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz

Cardozo International & Comparative Law Review

The note argues that counterfeiting has become a critical funding mechanism for terrorist organizations, particularly radical Islamic jihadist groups, due to its profitability and relative anonymity. Current legal frameworks, such as the Anti-Counterfeiting Trade Agreement (ACTA) and material support laws like section 2339B of the USA PATRIOT Act, are insufficient to address this threat effectively. The analysis highlights the need for stricter penalties, increased consumer awareness, and international cooperation to disrupt the financial networks supporting terrorism through counterfeiting.

Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder

Cardozo International & Comparative Law Review

The note argues that the use of Collective Bargaining Agreements (CBAs) to enforce antidoping policies in professional sports is inherently flawed due to the time-consuming negotiation process and conflicting priorities between leagues and players associations. It highlights the need for independent organizations like the US Anti-Doping Agency (USADA) to address doping issues more effectively. The note also emphasizes the challenges posed by legal rulings, such as Williams v. National Football League, which undermine the enforceability of CBA provisions, and calls for federal intervention to establish uniform standards and criminal penalties for performance-enhancing drug (PED) use.

Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine

Cardozo International & Comparative Law Review

The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.