Comparative and Foreign Law Commons^™

Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay

Cardozo International & Comparative Law Review (CICLR) Blog

The birth rate in Italy had been a topic of concern for the past couple decades, making it a source of conversation and debate among political parties and candidates in Italy. With the election of a new Italian government and the prediction of Giorgia Meloni being Italy’s new prime minister, how Meloni and her party have spoken of and plan to tackle the falling birth rate is a discussion occurring around the world. The falling birth rate was concerning to country leaders prior to the start of the COVID-19 pandemic, but statistics show that the Italian birth rate has fallen …

Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro

Cardozo International & Comparative Law Review (CICLR) Blog

Shards of glass and plastic flew across the floor as legislator Burak Erbay, a member of the Republican People’s Party, hammered and smashed a smartphone Wednesday night while addressing the Turkish parliament in opposition to president Recep Tayyip Erdoğan proposed Disinformation Bill. Erbay argued the Bill’s clampdown on social media would make smartphones obsolete. Turkish authorities reported to the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe that the principal goal of the new legislation is to “prevent the spread of fake, untrue, baseless, and false information designed to …

How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora

Cardozo Journal of Conflict Resolution

The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …

Scotus On Immigration: A Review Of Recent Decisions & What's To Come

Cardozo Journal of Equal Rights & Social Justice

The symposium discusses recent Supreme Court decisions on immigration, focusing on cases that address issues such as mandatory detention, limits on judicial review, and the expansion of executive discretion. These rulings have significant implications for immigration law and practice, particularly in areas of detention, due process, and the ability of federal courts to review immigration-related decisions.

Blockchain, The Superhero That The Healthcare Industry Needs, Victor Wang

Cardozo Arts & Entertainment Law Journal

The note argues that blockchain technology holds significant potential for transforming the healthcare industry by enhancing data security and efficiency. However, its integration faces legal challenges due to conflicts with existing healthcare laws, particularly the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act. The note contends that blockchain's decentralized and immutable nature violates key HIPAA requirements, such as data disposal and accountability standards. It advocates for updating these laws to accommodate blockchain technology and ensure compliance, emphasizing the need for legal frameworks to evolve alongside technological advancements.

Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen

Cardozo Arts & Entertainment Law Journal

During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …

Three Megatrends In The International Intellectual Property Regime, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

The international intellectual property (IP) regime has undergone significant transformation over the past century, shaped by three key megatrends: the rise of emerging countries, the increasing complexity of the regime, and spatial transformation driven by new technologies. These trends have reshaped the regime's standards, policies, and challenges, with profound implications for global economic and social welfare. The article critiques the regime's historical bias toward developed nations and its overemphasis on trade interests, advocating for a balanced approach that integrates public welfare and human rights considerations. It concludes that the regime's growing complexity necessitates new institutional frameworks and vocabularies to address …

Reclaiming Feudalism For The Technological Era, Shelly Kreiczer-Levy

Cardozo Arts & Entertainment Law Journal

The article argues that traditional personal property law fails to adequately address the complexities of AI-capable assets, such as robots, which require a new framework to balance manufacturer control with user rights. It proposes two models—the connection model and the competition model—to regulate these relationships, emphasizing the need for collaboration, data ownership, and consumer protection in the evolving landscape of technological ownership.

South Korean Court’S Landmark Decision Against North Korea, Hyesoo Hahn

Cardozo International & Comparative Law Review (CICLR) Blog

During the Korean War, about 50,000 to 70,000 South Korean soldiers were taken prisoner of war (POW) by North Korea and its allies. While North Korea claimed that most South Korean POWs expressed to remain in North Korea and repatriated only 8,343 POWs, 80 South Korean POWs who escaped from North Korea told a different story. Most testified that they were never asked whether they want to return to South Korea, and some testified that they were forced to say they want to remain in North Korea. Held captive against their will, 50,000 South Korean POWs were sent to North …

The Legality Of Russian Gray-Market Imports, Ruben Attia

Cardozo International & Comparative Law Review (CICLR) Blog

In its efforts to cope with Western sanctions implemented in response of its invasion of Ukraine, Russia launched the parallel imports scheme, allowing the importation of many goods without the consent of their intellectual property right-holder. Such goods are called grey market goods because they have been formulated or packaged for a particular jurisdiction and are imported into a different jurisdiction in contradiction to the brand owner’s intention. The value of parallel imports in Russia may well attain $16 billion by the end of 2022, as reported by Russian Minister of Industry and Trade Manturov. The Russian scheme also protects …

Intersectionality In International Criminal Law Symposium, Cardozo International & Comparative Law Review

2022 Event Invitations

The Cardozo International & Comparative Law Review hosted a virtual symposium on intersectionality and how international criminal law can account for structural drivers of violence. Through critically questioning discriminatory systems and applications of the law, this symposium analyzes how the Rome Statute governs international criminal law, as exemplified by the International Criminal Court's rulings on enslavement.

This symposium features Alexandra Lily Kather, International Criminal Lawyer and Co-Founder of Emergent Justice Collective; Nick Leddy, Head of Litigation at Legal Action Worldwide; Priya Gopalan, International Criminal Lawyer and Member of the UN Working Group on Arbitrary Detention; moderated by Ramya Kudekallu, Telford …

Masthead - Cardozo International & Comparative Law Review, Vol. 6 (2022-23)

Cardozo International & Comparative Law Review

No abstract provided.

Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling

Cardozo International & Comparative Law Review

When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 6, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

The Debate Surrounding The Company Purpose In The Post-Pandemic Age, Leon Anidjar

Cardozo International & Comparative Law Review

The recent COVID-19 pandemic crisis produced many creative responses to confront its adverse results. Many companies worldwide were required to adopt innovative thinking by altering their business activities and revising their entire supply chain by attracting different types of resources delivered by various stakeholders. This Article explores the implications of this fundamental change on central theoretical assumptions of corporate governance. It articulates a new stakeholders-resources theory that explores governance norms as part of the firm's quest for inputs required to generate a competitive advantage. It applies this analytical framework in the debate on corporate purpose. This Article argues that companies …

The Law And Finance Of Infrastructure Investment, Daisuke Asaoka

Cardozo International & Comparative Law Review

Institutional design facilitates the investment of private capital in infrastructure. The Article deals with concessions, which have been a major format for infrastructure privatization in Japan since their legislation in 2011. It argues that the Japanese government, faced with mounting public debt, walks a thin line between attracting private capital and securing public interest in infrastructure under private operation. By comparing concessions with stock sales, the mainstream form of privatization until the legislation, the Article shows that while concessions have advantages in terms of economics and public interest control, they may hinder the strategic growth of private enterprises by limiting …

Natural Resource Governance In Qing China: Lineage Institutions And The Making Of Common Property Regimes, Jason Jia-Xi Wu

Cardozo International & Comparative Law Review

Historically, common property is one of the dominant forms of ownership through which natural resources-e.g., forests, pastures, and fisheries-are managed. However, their decline across societies due to marketization and privatization has prompted intense debates. This Article seeks to answer the following questions: (1) Why did some common property regimes dissipate quickly, while others resisted the forces of privatization for generations? (2) What explains the divergent trajectories that societies took in governing common resources? Building on the classic Coasean and Demsetzian law-andeconomics principles, this Article highlights two additional dimensions-institutional capacity and social embeddedness of propertyto explain how "hidden" social costs impacted …

Sanctions, Financial Regulation, And Crypto In Latin America, Camilla Oliva

Cardozo International & Comparative Law Review

The note examines the intersection of corruption, financial regulation, and cryptocurrency in Latin America, arguing that U.S. sanctions and the lack of effective financial regulation have inadvertently enabled corruption in the region. It explores how cryptocurrencies, while offering potential solutions to financial instability, are also exploited by corrupt actors and governments to circumvent sanctions and regulatory frameworks. The analysis highlights the dual role of cryptocurrencies as both a tool for financial inclusion and a means of evading accountability, particularly in countries like Venezuela and El Salvador.

Prohibiting Slavery & The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

Slavery and the slave trade stubbornly persist in our time, but they receive insufficient attention in international human rights law. Even when courts adjudicate slavery violations, they often fail to characterize slave trade conduct that nearly always precedes slavery. Courts also characterize acts that meet the definition of slavery or the slave trade only as other human rights harms, such as forced labor or human trafficking. This failure to accurately characterize violations also as slavery and the slave trade perpetuates impunity and denies victims full expressive justice. This Article argues for reviving international human rights law’s prohibitions of slavery and …

A Comparative Look At The Response To Organized Crime In The Ports Of New York-New Jersey And Vancouver, Julia Pjevach

Cardozo International & Comparative Law Review

The note examines the influence of organized crime in ports, focusing on the Port of New York/New Jersey and the Port of Vancouver. It highlights the effectiveness of the Waterfront Commission of New York Harbor in reducing crime through centralized regulation and contrasts it with Vancouver's decentralized approach, which lacks a unified policing mechanism. The analysis underscores the need for stronger regulatory measures and adaptive strategies to combat evolving criminal activities in both ports.

Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer

Cardozo International & Comparative Law Review

The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.

The Guaranteed Resolution On Effective And Adapted Terms (The Great Process): A New Hybrid Dispute Resolution Process For Guaranteeing A Solution And Resolving Disputes Efficiently, Claude Amar, Véronique Fraser

Cardozo Journal of Conflict Resolution

Over the past twenty years, innovative dispute resolution processes have emerged from practitioners who aimed to tailor them to the parties' process needs. Some of the most widely known processes include med-arb, arb-med, co-mediation with an evaluative and a non-evaluative mediator, baseball arbitration, last offer arbitration, and sealed-arbitration. The list and possible combinations are infinite, when one starts combining processes. However, such spontaneity and adaptivity sometimes result in harmful consequences. In the past, arbitral awards in numerous jurisdictions were refused to be honored on the basis that the process had infringed on fundamental procedural guarantees. For that reason, it is …

Human Dignity As A Chameleon, Ariel L. Bendor, Michal Tamir

Cardozo International & Comparative Law Review

This article offers an innovative argument, according to which courts do not interpret human dignity according to an abstract theoretical position on the nature of the value only, nor subordinate themselves to the subjective purpose of the drafters of a constitution. Thus, courts-whether in the United States, where human dignity is not explicitly mentioned in the Constitution, or in countries where the right is constitutionally enshrined, such as Germany, South Africa, and Israel-interpret and apply human dignity on the basis of the entirety of the provisions of the particular constitution. Human dignity serves as a constitutional chameleon in the sense …

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 5, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

A Sheep In Wolf's Clothing: Assessing The Dangerous, Hidden, And Increasing Defects Of The Iran Nuclear Agreement Review Act, David S. Jonas, Erielle Davidson

Cardozo International & Comparative Law Review

The article critically examines the Iran Nuclear Agreement Review Act (INARA) of 2015, arguing that while it was intended to enhance congressional oversight of the Joint Comprehensive Plan of Action (JCPOA) and other agreements with Iran, INARA falls short of its goals. The analysis reveals that INARA is poorly drafted, lacks teeth, and fails to provide meaningful transparency or checks on executive power, ultimately undermining Congress's role in national security matters.

Getting To Phi: The Case For Excusatory Derogations From Iccpr Rights, Benjamen F. Gussen

Cardozo International & Comparative Law Review

This Article highlights the need for excusatory derogations from human rights. Currently, there is exclusive reliance on justification when upholding derogations from International Covenant on Civil and Political Rights ("ICCPR ) rights. In contrast, an excusatory derogation accentuates the requisite international policy intervention to assist national and subnational governments toward a proportional response to public emergencies. The right to mobility under the ICCPR, and its renditions in the constitutions of Australia and Canada, are used to illustrate this proposition. Border closures in response to the coronavirus pandemic provide context to elucidate how different types of public emergencies dictate different approaches …

Crime Doesn't Pay But Neither Can Ex-Offenders: A Comparative Analysis Of Criminal Restitution In The United States And Canada, Justin Gendler

Cardozo International & Comparative Law Review

The note argues that the U.S. criminal restitution system is flawed, prioritizing punishment over rehabilitation, leading to significant hardships for indigent offenders, victims, and society. It proposes reforming the system to focus on disgorgement of ill-gotten gains and consider offenders' financial situations, drawing lessons from Canada's more rehabilitative approach.

Advance To The Nearest Dispensary: How Quebec's Marijuana Monopoly Is A Model For Future Legalized States, Jason Levine

Cardozo International & Comparative Law Review

The note argues that a state-run monopoly model for marijuana sales, inspired by Quebec's approach, could more effectively promote public health and reduce black-market competition compared to the current license authorization model used in U.S. states like Colorado and California. By centralizing control over pricing, distribution, and product regulation, a monopolistic structure could address challenges such as high taxes, slow transition phases, and the dominance of illegal markets. The analysis draws parallels to alcohol sales frameworks and highlights how a government-run system could avoid federal tax burdens under Section 280E of the Internal Revenue Code.

Duty To Rescue In The Digital Age: A Comparative Analysis, Cameron Kellett

Cardozo International & Comparative Law Review

The article advocates for the enactment of state legislation establishing a duty-to-rescue doctrine, arguing that the absence of such a legal duty leads to preventable harm and undermines societal solidarity. It critiques the arbitrary nature of the special relationship exception under current law and proposes Minnesota's duty-to-rescue statute as a model for reform. The analysis emphasizes that requiring bystanders to provide reasonable assistance, without endangering themselves, is both feasible and morally justifiable, as it aligns with human tendencies to help others in distress.

Sex Work Is Real Work: The Implications Of U.S. Strippers Winning The Right To Unionize, An International Comparative Study, Katherine Fustich

Cardozo International & Comparative Law Review

The note examines the landmark NLRB decision in *Nolan Enterprises*, which granted U.S. strippers the right to unionize by classifying them as employees rather than independent contractors. This ruling has significant implications for labor rights in the sex work industry, both domestically and internationally. The analysis compares this development with international perspectives from the UK, Germany, and the Netherlands, highlighting the challenges and opportunities for sex worker unionization and the broader implications for labor movements globally.