Comparative and Foreign Law Commons^™

Transcending Cultural Nationalist And Internationalist Tendencies: The Case For Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff

Cardozo Journal of Conflict Resolution

This Note will proffer a critical evaluation of the Italian government's current tactics for reclaiming its patrimony and argue that MBRAs are the most desired framework for resolving repatriation disputes, as they give rise to lasting collaborative relationships between source nations and cultural institutions and strive to keep valued works in the "public trust" without diminishing traditionally insular cultural identities. Thus, successful negotiations must account for competing interests including, inter alia: (i) the emotional currency of the object as assessed from the perspective of the source nation; (ii) the institution's desire to keep disputed works within the public sphere; (iii) …

Are Gender Stereotypes Bad For Women? Rethinking Antidiscrimination Law And Work-Family Conflict, Julie C. Suk

Articles

The conflict between work and family responsibilities remains a significant barrier to women's equality in the American workplace. As many commentators have noted with envy, the United States stands apart from most European countries in its failure to give women a legal right to paid maternity leave.

This Article argues that the United States's potential for reconciling the work-family conflict is undermined by the predominance of antidiscrimination law. The unique trajectory of U.S. antidiscrimination law, designed to combat paternalism and gender stereotypes, has pushed family and medical leave into a single legal regime. But today, due to the costs and …

Citizenship Privilege Or The Right To Religious Freedom: The Blackmailing Of France's Islamic Women, Yael Barbibay

Cardozo Journal of International and Comparative Law

The note examines the tension between France's commitment to laïcité and the rights of Islamic immigrants, particularly women, to religious freedom and cultural identity. It critiques the denial of citizenship to Faiza Mabchour, arguing that such decisions reflect a broader effort to suppress Islamic practices and undermine pluralism. The analysis contends that France's rigid application of laïcité violates international human rights norms, particularly the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). The article advocates for a more inclusive approach to citizenship that balances secularism with religious freedom and cultural diversity.

Mandatory Mediation: An Oxymoron? Examining The Feasibility Of Implementing A Court-Mandated Mediation Program, Dorcas Quek

Cardozo Journal of Conflict Resolution

The introduction of the "multi-door courthouse" concept at the Pound Conference is said to have ushered in a modern era of dispute resolution within the United States. This watershed event in the history of Alternative Dispute Resolution ("ADR") spawned greater involvement by the courts in ADR. Court-annexed ADR programs were set up throughout the U.S. and legislation was enacted to encourage the use of ADR. In 1983, Rule 16 of the Federal Rules of Civil Procedure was amended to exhort courts to consider the "possibility of settlement" or "the use of extrajudicial procedures to resolve the dispute" at pre-trial conferences. …

Fulfilling The Washington Principles: A Proposal For Arbitration Panels To Resolve Holocaust-Era Art Claims, Jessica Mullery

Cardozo Journal of Conflict Resolution

This Note highlights increased efforts to foster the restitution of Nazi-looted art, particularly on the U.S. front, during the 1990s, with emphasis on the Washington Conference in 1998. It is then contended that the Washington Principles have ultimately failed to result in the adoption of ADR mechanisms to deal with continuing Holocaust-era art claims in both the United States and abroad. The lack of both United States and international efforts subsequent to the Washington Conference, especially in failing to establish ADR mechanisms, is stressed in order to demonstrate the inadequacy of the Washington Principles. Ongoing cases and emerging litigation within …

Online Dispute Resolution With China: Advantageous, But At What Cost?, Jennifer Sackin

Cardozo Journal of Conflict Resolution

This Note will discuss the use of Online Dispute Resolution (ODR) between businesses and consumers in the United States (U.S.) and their counterparts in the People's Republic of China (P.R.C.). ODR is a growing, highly attractive, and arguably necessary phenomenon in the e-commerce world. It is an accommodating and useful process in that it employs online technology to provide traditional alternative dispute resolution (ADR) mechanisms via the Internet.

The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bringing Our Kids Home: International Parental Child Abduction & Japan's Refusal To Return Our Children, Robin S. Lee

Cardozo Journal of Equal Rights & Social Justice

The note examines Japan's refusal to ratify the Hague Convention on the Civil Aspects of International Child Abduction, highlighting how this decision creates a legal haven for parental child abductions. It explores the cultural, legal, and systemic factors in Japan that facilitate these abductions and the challenges faced by foreign parents in retrieving their children. The note also discusses potential solutions and international efforts to pressure Japan into adhering to the Convention.

To Disclose Or Not To Disclose? Csx Corp., Total Return Swaps, And Their Implications For Schedule 13d Filing Purposes, Daniel Bertaccini

Cardozo Law Review

No abstract provided.

From The Chair, Lela P. Love

Articles

No abstract provided.

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.

Changing The Lebanese Constitution: A Postmodern History, John J. Donohue

Cardozo Law Review

No abstract provided.

Religious Marriage In A Liberal State, Gidi Sapir, Daniel Statman

Cardozo Law Review

No abstract provided.

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.

Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik

Cardozo Law Review

No abstract provided.

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.

The Market For Contracts, Geoffrey P. Miller, Theodore Eisenberg

Cardozo Law Review

Recent empirical work has established that New York supplies the law and forum in nearly half the material commercial contracts of public firms. In this respect New York plays a role for commercial contracts analogous to the role played by Delaware with respect to corporate charters. Is the revealed preference for New York law and forum merely the result of choices made by the contracting parties, or does New York actively compete for this business? This paper describes ways in which New York seeks to attract and retain corporate contracts in competition with other potential providers of law and forum. …

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.

The Kids Aren't Alright: An Examination Of Some Of The Flaws In American Law Regarding Child Disinheritance, The Reasons That Children Should Be Protected, And A Recommendation For The United States To Learn From The Australian Model That Protects Children Against Disinheritance, Adam Dayan

Cardozo Journal of International and Comparative Law

The note argues that American law should adopt a more balanced approach to testamentary freedom by incorporating protections for children against disinheritance, drawing inspiration from the Australian model. While the Uniform Probate Code (UPC) currently allows testators complete freedom to disinherit children, the elective share and the unspoken rule—where courts use the undue influence doctrine to override disinheritance—suggest that testamentary freedom is not absolute. The note advocates for reform, emphasizing the moral obligation of parents to provide for their children, particularly in light of societal changes such as rising divorce rates and an aging population.

The Sec's 2006 Soft Dollar Guidance: Law And Economics, D. Bruce Johnsen

Cardozo Law Review

After some two years of deliberations, in July 2006 the SEC released its long-awaited Guidance on the scope of the "soft dollar safe harbor." Passed as part of the Securities Acts Amendments in May, 1975, the safe harbor has protected fund advisers and other money managers for over 30 years from criminal actions and civil suits for breach of fiduciary duty when they use client assets to pay more than the lowest available brokerage commissions in exchange for "brokerage and research services." During this time, the SEC has interpreted and reinterpreted the safe harbor's scope, largely owing to the public …

International Advocate For Peace Award Acceptance Speech, Amira Dotan

Cardozo Journal of Conflict Resolution

The Ninth International Peace Award Recipient

The Jurisprudence Of Mediation: Between Formalism, Feminism And Identity Conversations, Michal Alberstein

Cardozo Journal of Conflict Resolution

The paper explores the ties between schools of mediation and schools of law through an examination of their theoretical foundations. By weaving together discussions of rights, the rule of law, and formalism, with elements of dispute resolution as it is studied today, this article will demonstrate the importance of Alternative Dispute Resolution ("ADR") and mediation as a form of social order. It will also demonstrate the influence of philosophical jurisprudential debates on the development of mediation programs. The paper begins by exploring the ties between different jurisprudential traditions and evolving models of mediation. Scholars portray mediation models as incorporating diverse …

The Gaelic Goetz: A Case Of Self-Defense In Ireland, Stacy Caplow

Cardozo Journal of International and Comparative Law

For two years, the name Padraig Nally was a household word in Ireland. Nally killed an intruder on his farm in a rural community by shooting him in the back as he was running away, already injured from a brutal beating. The intruder was a Traveller, a minority group in Ireland that is mistrusted and ostracized. The killing was so far from the paradigmatic self-defense claim that the trial judge refused to instruct the jury on a full justification defense. Indicted for murder, Nally was convicted of manslaughter under a doctrine in Ireland called 'excessive force.' After the appeals court …

Draconian Or Just? Adopting The Italian Model Of Imposing Administrative Fines On The Purchasers Of Counterfeit Goods, Amanda Silverman

Cardozo Journal of International and Comparative Law

The note examines the effectiveness of penalizing consumers for purchasing counterfeit goods, focusing on Italy's approach and its implications for the U.S. It argues that such penalties can deter demand and reduce counterfeiting, aligning with the propertization of trademarks. The analysis highlights enforcement challenges, including proving consumer intent, and suggests using objective criteria like price and seller credibility. The note proposes adopting Italy's model in the U.S. to protect intellectual property and consumer trust, despite potential privacy concerns and enforcement difficulties.

Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino

Cardozo Journal of Equal Rights & Social Justice

The note examines the historical injustice and ongoing legal challenges surrounding the issue of "comfort women" during World War II, highlighting the barriers to justice and the ethical and diplomatic complexities that have prevented resolution. It critiques the legal frameworks and international efforts that have failed to address the survivors' demands for acknowledgment and reparations, emphasizing the tension between morality and geopolitical interests.

Opening Remarks, Jack Himmelstein

Cardozo Journal of Conflict Resolution

No abstract provided.

The Triumph Of Confucianism: How A Subjugated Legal System Is Failing A Generation Of Chinese Women And Girls, Yufan Stephanie Wang

Cardozo Journal of Equal Rights & Social Justice

The note examines the resurgence of Confucianism in China's legal system, arguing that it undermines gender equality and fails to protect the rights of women and girls despite economic reforms. It highlights how traditional Confucian values, emphasizing morality and social hierarchy, have persisted and influenced laws, leading to the subjugation of women in both legal and societal contexts.

Of Silos And Constellations: Comparing Notions Of Originality In Copyright Law, Elizabeth F. Judge, Daniel Gervais

Cardozo Arts & Entertainment Law Journal

No abstract provided.