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Articles 361 - 390 of 777
Full-Text Articles in Comparative and Foreign Law
A Case For United States Overhaul Of Its Current Biotechnology Regulation Scheme Through The Implementation Of Biotechnology-Specific Legislation To Clarify Existing Uncertainties Seen In The Collective Framework, Jordan Emmert
Cardozo International & Comparative Law Review
The U.S. biotechnology regulatory framework, established by the 1986 Coordinated Framework and its 1992 Update, is outdated and insufficient to address modern biotechnology products, particularly genetically modified organisms (GMOs). While efforts such as the Obama Administration’s 2015 Memorandum and the 2016 Update aimed to modernize the system, they failed to resolve jurisdictional ambiguities and regulatory gaps, leading to inconsistent agency enforcement and public distrust. The note argues that updating the statutory framework is essential to align U.S. regulations with international norms, ensure public safety, and maintain global competitiveness.
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law, Yifat Nahmias
The Limitations Of Information: Rethinking Soft Paternalistic Interventions In Copyright Law, Yifat Nahmias
Cardozo Arts & Entertainment Law Journal
Authors and intermediaries seldom enjoy equal bargaining power. This disparity-as well as information asymmetries-has been claimed to significantly undermine authors' ability to capture a fair share of the wealth generated from their creative efforts and contributions, thereby possibly reducing their incentive to create expressive works and compromising the myriad other benefits that copyright protection is meant to provide. To address this problem, legislatures have adopted soft paternalistic interventions designed to improve authors' choices without applying a hard-handed approach. Such interventions benevolently push the author away from risk or encourage her to make decisions that the legislator perceives to be in …
A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling, Sok Min Yun
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The "Foreign Agent Problem": An International Legal Solution To Domestic Restrictions On Non-Governmental Organizations, Jacqueline Van De Velde
The "Foreign Agent Problem": An International Legal Solution To Domestic Restrictions On Non-Governmental Organizations, Jacqueline Van De Velde
Cardozo Law Review
The United States' Foreign Agent Registration Act (FARA), has recently come into the spotlight due to its use in the ongoing Russian election interference investigation. But the United States 'foreign agent restriction is only one of many: while FARA was the first of its kind, it now exists among a multitude of such restrictions. Too, the U.S. foreign agent restriction is lenient, compared to the restrictions appearing in other countries- restrictions that now are crippling civil society and to which international law is ill-equipped to respond. This Article analyzes this sudden avalanche of 'foreign agent" legislation: restrictive domestic legislation that …
Secession And The Prevalence Of Both Militant Democracy And Eternity Clauses Worldwide, Rivka Weill
Secession And The Prevalence Of Both Militant Democracy And Eternity Clauses Worldwide, Rivka Weill
Cardozo Law Review
The prevalent approach suggests that constitutions are silent about secession and may even implicitly allow it. But an examination of world constitutions reveals that the overwhelming majority of countries vigorously protect territorial integrity. This is true even of countries classified as consociational or consensus democracies. Scholars further point to the existence of secessionist political parties as proof that secession may align with constitutionalism. This Article, however, explains how democracies engage in a delicate game to chase and eliminate secessionist political mobilization. Democracies have been able to conceal their fight against secessionists by creating a large gap between "the law on …
Freedom Of Expression Or Freedom From Hate: A Canadian Perspective, Rosalie Silberman Abella
Freedom Of Expression Or Freedom From Hate: A Canadian Perspective, Rosalie Silberman Abella
Cardozo Law Review
No abstract provided.
Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler
Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler
Cardozo International & Comparative Law Review
The article challenges the prevailing view that Israeli settlements in Judea, Samaria, and Jerusalem are illegal under international law. It argues that the right of Jews to settle in these areas is rooted in the League of Nations Mandate for Palestine and reaffirmed by Article 80 of the UN Charter, which protects existing rights under international instruments. The analysis contests the validity of UN Security Council Resolution 2334 and asserts that neither the Geneva Convention nor customary international law prohibits Israeli settlements in these territories.
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Cardozo International & Comparative Law Review
The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.
Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)
Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)
Cardozo International & Comparative Law Review
No abstract provided.
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan
Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan
Cardozo International & Comparative Law Review
The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman
Cardozo International & Comparative Law Review
The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold …
Emoji: The Other Tech Monopoly, Edward T. Brawley
Emoji: The Other Tech Monopoly, Edward T. Brawley
Cardozo International & Comparative Law Review
No abstract provided.
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Cardozo International & Comparative Law Review
The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney
Cardozo International & Comparative Law Review
The Trump Administration's withdrawal from the Paris Agreement has significant geopolitical implications, as it creates a leadership vacuum that China is poised to fill, potentially reshaping the global transition to renewable energy. While the U.S. federal government steps back from international climate efforts, non-federal actors like states and cities continue to advance climate initiatives. The withdrawal underscores the importance of domestic innovation in clean energy to counterbalance China's growing influence.
Babies Having Babies: Advocating For A Different Standard For Minor Parents In Abuse And Neglect Cases, Emily Barry
Babies Having Babies: Advocating For A Different Standard For Minor Parents In Abuse And Neglect Cases, Emily Barry
Cardozo Law Review
No abstract provided.
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein
Articles
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Dispute System Design Can Help: To Bring About The Future Envisioned By Gpc Participants, We Need To Change The Structure Of What We Do, Lela P. Love, Lisa Blomgren Amsler, Mansi Karol
Dispute System Design Can Help: To Bring About The Future Envisioned By Gpc Participants, We Need To Change The Structure Of What We Do, Lela P. Love, Lisa Blomgren Amsler, Mansi Karol
Articles
No abstract provided.
Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer
Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer
Cardozo International & Comparative Law Review
The article explores the evolution of intellectual property law in the digital age, focusing on trademarks and copyrights. It examines how courts and regulatory bodies like ICANN have addressed challenges such as trademark use in online contexts, digital copyright enforcement, and domain name disputes. The analysis highlights the adaptability of legal frameworks to new technologies and the ongoing efforts to balance intellectual property rights with the functional aspects of the internet.
Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon
Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon
Cardozo International & Comparative Law Review
Pensions are regarded as a form ofsocial security in any economy because of the attendant benefits which an employee is entitled to upon retirement and as a form of lfe savings. Over the past three decades, reforms of pension schemes and the pension industry by the Nigerian government has been fraught with criticisms, particularly with regards to poor implementation ofpension schemes and lacklustre legislation. The current 2014 Pension Reform Act contains specific innovations which attempt to address the problems inherent in previous legislations, particularly with regards to sanctions and compliance measures. This paper analyzes pension schemes in Chile, highlighting the …
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Cardozo International & Comparative Law Review
The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.
Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter
Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter
Cardozo International & Comparative Law Review
The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.
Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu
Cardozo International & Comparative Law Review
The note critically examines the challenges of integrating the Foreign Account Tax Compliance Act (FATCA) with the Common Reporting Standard (CRS), using Taiwan as a case study. It argues that integrating FATCA into CRS is unnecessary and could exacerbate compliance burdens for financial institutions, particularly in jurisdictions like Taiwan that have already invested significant resources into FATCA compliance. Instead, the note advocates for revising FATCA to clarify its provisions and reducing withholding tax obligations, while postponing CRS implementation to allow better preparation and avoid unfair competitive disadvantages.
Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott
Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott
Cardozo International & Comparative Law Review
The NFL's potential international expansion to the UK presents significant antitrust challenges in both the US and the UK, requiring careful navigation of legal frameworks and strategic planning to avoid scrutiny.
How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis
How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis
Cardozo Law Review
Most scholars believe assisted reproductive technology is subject only to minimal regulation, especially by the federal government. This belief I contend, is wrong. In this Article, I examine agency documents, statements by officials, and letters that the U.S. Food and Drug Administration (FDA) has sent to physicians and researchers over the past fifteen years to reveal an overlooked regulatory program. The FDA has been targeting new forms of assisted reproductive technology that involve small genetic modifications (advanced assisted reproductive technologies or AARTs) through regulatory actions that receive little public, media, or scholarly attention. I term this method of regulation "subterranean …
The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein
The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein
Cardozo Law Review
The United Kingdom's (U.K.) June 2016 decision to exercise its great surprises option to leave the European Union (E.U. or Union) represents one of the in the complex history of supranational organizations. Most of the discussion in the wake of that decision has tended to stress the particulars of the referendum with regard to the short-term advantages and disadvantages of a decision that has clearly divided class and region within the U.K. Older individuals, and those who did not live and work in the Greater London area, tended to vote in favor of exit. Those who were younger and in …
Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild
Complicated-But Not Too Complicated: The Sunset Of E.U. Law In The U.K. After Brexit, Maimon Schwarzschild
Cardozo Law Review
The article examines the complexities of Brexit, focusing on the integration of EU law into UK law and the challenges of disentangling the two legal systems post-Brexit. It explores key areas such as free movement, environmental law, and the forms of EU law, highlighting the interconnectedness of EU and UK legal frameworks. The author suggests a "sunset clause" approach to manage the transition, allowing EU laws to expire unless explicitly retained, to align with the UK's newfound independence and regulatory autonomy.
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Cardozo International & Comparative Law Review
Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …
Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan
Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan
Cardozo Journal of Conflict Resolution
Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.