Comparative and Foreign Law Commons^™

Stand For The National Flag And Sing The National Anthem, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper uses a comparative law approach to review a national anthem case that is one of the most famous decisions coming from the Japanese Supreme Court. Public school teachers in Japan are required to stand up in front of the national flag and sing the national anthem during public school ceremonies. This paper reviews their constitutional rights.

The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius

Cardozo International & Comparative Law Review

The article examines the ethical challenges and legal complexities surrounding nonattorney advocacy in labor relations, particularly under the National Labor Relations Act (NLRA) and similar state statutes. It highlights the tension between holding non-lawyer union representatives to attorney ethical standards and the need for simpler, practical norms. The analysis emphasizes the importance of balancing due process for pro se parties with maintaining the integrity of advocacy roles, suggesting that resorting to fundamental statutory values and reciprocal duties can provide a baseline for ethical conduct.

The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland

Cardozo International & Comparative Law Review

No abstract provided.

Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop

Cardozo International & Comparative Law Review

The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.

Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield

Cardozo International & Comparative Law Review

The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.

Effective Assistance Of Counsel? An Empirical Study Of Defense Attorneys’ Decision-Making In False-Confession Cases, Sara C. Appleby, Hadley R. Mccartin

Cardozo Law Review de•novo

Although there is considerable literature on the causes of false confessions and the effects confession evidence has on juror decision-making, little research has examined attorneys’ decision-making in disputed confession cases. As the intervening step between when the confession is elicited and the case is resolved, it is crucial that research examine effects of confession evidence on this population. The current studies investigate defense attorneys’ knowledge and perception of key interrogation and confession issues as well as their decision-making in a disputed confession case. Overall, results show that defense attorneys are knowledgeable about key interrogation and confession issues and are aware …

A Cashless Economy: How To Protect The Low-Income, Samuel Erlanger

Cardozo Law Review de•novo

This Note discusses how cashless business practices disparately harm low-income individuals, minorities, and other groups, and proposes the need for federal, state, and local legislation to combat these impacts.

The Singapore Convention And The Metamorphosis Of Contractual Litigation, Jean-Christophe Boulet

Cardozo Journal of Conflict Resolution

This article addresses the grounds provided for in Article 5 of the Singapore Convention for the refusal of enforcement of a settlement agreement or for the refusal of a settlement agreement as evidence that the dispute has been resolved. It is divided into three sections. The first section briefly places these grounds in the context of the Singapore Convention as a whole as well as the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The second section is devoted to a more detailed examination of the various grounds listed in Article 5 of the Convention, …

Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

Cardozo Journal of Conflict Resolution

This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …

Judicial Conflict Resolution In Plea Bargaining As The Golden Mean Between The Adversarial And Inquisitorial Legal Systems, Golan Luzon

Cardozo Journal of Conflict Resolution

This article seeks to develop a better understanding of plea bargaining as a mechanism of judicial conflict resolution in criminal law. Plea bargaining plays a significant role in both the adversarial and inquisitorial legal systems. The article examines how the plea-bargaining model is designed in both legal systems by comparing two civil law countries (Italy and Germany) with two common law countries (England and Wales and the U.S.). I argue that two developments-a mechanism similar to plea bargaining in inquisitorial systems and judges' participation in the criminal plea bargaining negotiations in adversarial legal systems-are part of the same phenomenon seeking …

The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma

Cardozo Journal of Conflict Resolution

No abstract provided.

The Role Of Empirical Research And Dispute System Design In Proposing And Developing International Treaties: A Case Study Of The Singapore Convention On Mediation, S. I. Strong

Cardozo Journal of Conflict Resolution

This Article seeks to provide insights into the "black box" of early treaty-making processes by undertaking a case study of the development of the United Nations Convention on International Settlement Agreements Resulting from Mediation, known colloquially as the Singapore Convention on Mediation (Singapore Convention). The discussion focuses on several issues that have seldom been addressed in the legal literature, including the way in which a proposal for an international treaty makes its way to the relevant decision-makers and how those decision-makers determine which of the various alternatives to pursue. The analysis also considers how interested individuals can assist the treaty-proposing …

Report On Empirical Study Of Business Users Regarding International Mediation And Enforcement Mechanisms, David S. Weiss, Michael R. Griffith

Cardozo Journal of Conflict Resolution

This report will proceed as follows. Part II describes the methodology of the IMI and NJCU IDR study in conjunction with analyzing the GPC Survey. Part III provides basic information of the demographics of the users, their sectors of business, and other pertinent data that can be useful for further academic scholarly review. Part IV analyzes the user's response to the surveys. Part V will analyze pertinent questions from the GPC Survey. Finally, Part VI provides concluding thoughts on the results of this report.

The responses to the survey questions will be provided if requested with personal identifying information removed …

Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes

Cardozo Journal of Conflict Resolution

This article will attempt to: (i) explain the purpose behind the drafting of the grounds to refuse enforcement; (ii) describe the scope of these defenses, based on the deliberations of the Working Group that drafted the Singapore Convention; and finally, (iii) briefly comment on the relationship between the scope of the defenses and the likelihood of the success of the Singapore Convention.

Binaries: Remarks On Chaim N. Saiman's "Halakhah", Richard Weisberg

Articles

Binaries are helpful but deceptive, and this may be particularly true of simplistic theological dichotomies purporting to show that the Talmud is "Nitpicking" and Christian Biblical understandings "Expansive", or that Jews believe in the "letter" and Christians in the "spirit", Jews in strict Justice and Christians in "mercy", etc. This essay, which focuses on the character of Shylock and the legalistic cruelty inflicted upon him by Venice's Christians, dissolves such Binaries, leaving in their wake greater clarity about the contrary need to "re-binarize" the falsely unified hyphenated adjective "Judaeo-Christian".

Review Of Chaim Saiman's The Rabbinic Idea Of Law, Suzanne Last Stone

Articles

The article reviews Chaim Saiman's Halakhah: The Rabbinic Idea of Law, highlighting its contribution to understanding rabbinic law as a cultural and educational force. Saiman's work bridges legal and cultural scholarship by emphasizing halakhah's dual role as both regulatory and expressive, drawing on Robert Cover's paideic model of law and Lawrence Rosen's concept of law as cosmology. The book explores how Talmudic discourse embodies this duality, blending legal reasoning with moral, theological, and ethical inquiry, and examines the tension between maintaining religious meaning and legal detail.

The Internationalization Of Tax Disputes Issues And Options Of A Standing International Tax Court, Xueliang Ji

Cardozo International & Comparative Law Review

With the growing criticisms on the traditional investor-state arbitration mechanism, the European Union has proposed an innovative provision named the Investment Court System ICS, and it has introduced it in some significant bilateral investment treaties, like Comprehensive Economic and Trade Agreement CETA and Transatlantic Trade and Investment Partnership TTIP. In the meantime, as taxation is a component of the investment polies, the protection of the rights enjoyed by the foreign taxpayers matters as well. However, the current tax related dispute settlement methods also have several defects. This article attempts to incorporate the ICS in resolving tax related disputes and taking …

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Introduction, Hal Abramson

Cardozo Journal of Conflict Resolution

This Reference Book focuses on the new Singapore Mediation Convention for enforcing cross-border mediated settlement agreements. It is designed to deliver on its title-as a reference book. We hope that it will inform discussions as states contemplate ratifying the Singapore Convention and will aid users when interpreting the Convention.

Recognition By Any Other Name: Article 3 Of The Singapore Convention On Mediation, Timothy Schnabel

Cardozo Journal of Conflict Resolution

The heart of the Singapore Convention is contained in its third article. Other parts of the treaty's text, such as Article 1 (addressing the scope of the Convention), consumed more hours of the negotiations, and Article 5 (addressing grounds for refusal) will likely be the focus of most of the eventual litigation regarding the Convention's application to particular disputes. Moreover, most of the Convention's fifteen other articles are longer and more detailed than Article 3. Yet only Article 3 imposes affirmative obligations on Parties to the Convention. All other articles merely play supporting roles, such as placing boundaries on the …

Singapore Convention Defences Based On Mediator's Misconduct: Articles 5.1(E) & (F), Michel Kallipetis

Cardozo Journal of Conflict Resolution

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an …

Reservations In The Singapore Convention-Helping To Make The "New York Dream" Come True, Itai Apter, Coral Henig Muchnik

Cardozo Journal of Conflict Resolution

Following a brief introduction of the Singapore Convention, this article discusses the concept of reservations in international law and the importance of such mechanisms for facilitating adherence to multilateral treaties. It then focuses on two elements of the reservation mechanism including their drafting history, purposes, and consequences. In the final section of the article, we explain how these reservations will likely constitute a key component to the success of the Singapore Convention.

The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe

Cardozo International & Comparative Law Review

No abstract provided.

Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo

Cardozo International & Comparative Law Review

The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.

Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim

Cardozo International & Comparative Law Review

Participation and attendance in food safety negotiations such as Codex meetings are of critical importance. Common problems have existed throughout history in the area of food safety standards and their formulation regulations. First, there is a lack of interest by the public. Second, the public becomes interested only after a food safety crisis. Consequences are two-fold: with lack of public interest, governments often do not allocate enough budget and resources. Then, when the government turns to face the problem with a sudden spike in public interest, it is often too late. The situation becomes more of a crisis management, rather …

The Illicit Antiquities Trade As A Funding Source For Terrorism: Is Blockchain The Solution?, Taylor Moskowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Booming Business And The Resulting Trade Secrets: How The Increase In United States And European Union Trade Led To Resulting Trade Secrets Directives And The Domination Of The Intellectual Property Field, Jordana Balsam

Cardozo International & Comparative Law Review

The note argues that the surge in trade between the United States and the European Union has led to the implementation of new trade secrets directives in both regions, establishing trade secrets as the dominant form of intellectual property over patents. The Defend Trade Secrets Act (DTSA) in the U.S. and the Trade Secrets Directive (TSD) in the E.U. were enacted to address the growing need for robust protection of trade secrets in an increasingly globalized economy.

Alternative Infrastructure Finance: Should The United States Adopt Federal Guidelines To P3 Concessions, Dih-Lin Wong

Cardozo International & Comparative Law Review

The article argues that the U.S. struggles with modernizing its infrastructure due to insufficient investment and a lack of standardized legal frameworks for public-private partnerships (P3s). While P3s offer a promising alternative to traditional financing by allocating risks and generating efficiencies, the U.S. faces challenges due to a patchwork of state-level laws and procurement practices. The article suggests that adopting federal guidelines for P3s, drawing lessons from successful models in the UK and Australia, could streamline infrastructure financing, attract private investment, and enhance project efficiency.