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Articles 541 - 570 of 777
Full-Text Articles in Comparative and Foreign Law
Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner
Use It Or Lose It! Burdens Of Proof In Non-Use Cancellation Actions: A Call For Balance In The Trademark Laws Of Thailand, Indonesia, And India, Robin N. Brenner
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introduction: Wherefor The Privilege?, Kate Stith
Introduction: Wherefor The Privilege?, Kate Stith
Cardozo Law Review
No abstract provided.
Theorizing About Self-Incrimination, Ronald J. Allen
Theorizing About Self-Incrimination, Ronald J. Allen
Cardozo Law Review
No abstract provided.
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Cardozo Law Review
The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Cardozo Law Review
This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …
Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.
Accountability And Competition In Securities Class Actions: Why "Exit" Works Better Than "Voice", John C. Coffee Jr.
Cardozo Law Review
No abstract provided.
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
Cardozo Law Review
No abstract provided.
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Cardozo Public Law, Policy & Ethics Journal
The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …
Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar
Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar
Cardozo Journal of International and Comparative Law
Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Cardozo Journal of International and Comparative Law
The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen
Cardozo Journal of International and Comparative Law
The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.
Comparative Treatment Of Human Trafficking In The United States & Israel: Financial Tools To Encourage Victim Rehabilitation And Prevent Trafficking, Sarah Leevan
Cardozo Public Law, Policy & Ethics Journal
The note examines the legal frameworks addressing human trafficking in the United States and Israel, highlighting their efforts to combat trafficking through legislation and international cooperation. It emphasizes the need for both countries to enhance victim support and accountability for all parties involved in trafficking.
Promoting Equality After Genocide, Sheri P. Rosenberg
Promoting Equality After Genocide, Sheri P. Rosenberg
Articles
The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …
Securitization And Its Discontents: The Dynamics Of Financial Product Development, Kenneth C. Kettering
Securitization And Its Discontents: The Dynamics Of Financial Product Development, Kenneth C. Kettering
Cardozo Law Review
This paper takes as its point of departure the financing technique referred to as "securitization," a close cousin of secured lending that has grown to enormous size since its origin more than two decades ago. The paper pursues two themes. One is a critique of the legal foundations of securitization, which includes a perspective on aspects of fraudulent transfer law that are well established historically but have been neglected in recent decades. The other is exploration of the implications of this product growing so vast despite its dubious legal foundations. In that regard, the paper explores two points of legal …
The Psychic Life Of Denial, Susan Derwin
The Psychic Life Of Denial, Susan Derwin
Cardozo Journal of Conflict Resolution
Holocaust deniers have an investment in taking a defensive stance. Theodor Adorno noted that to haggle about how many millions of innocent people were murdered in the Holocaust is degrading. Haggling about numbers is central to holocaust denial. Deborah Lipstadt's investigation of the nuances and varieties of deniers' claims across cultures makes it evident that, whatever their political or ideological objectives, deniers undertake their haggling in response to what they perceive to be an aggressive manipulation of history. Deniers charge that the manipulators are the Jews, who have inflated the number of Jewish deaths during World War II to garner …
The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan
The Power Of Interpretation: Religious Scholars Elevate The Status Of Female Guardians In Jewish Law, Yehiel S. Kaplan
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi
Cardozo Journal of Conflict Resolution
This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.
Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng
Cardozo Journal of Conflict Resolution
For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Lifting The Veil: Women And Islamic Law, Christie S. Warren
Cardozo Journal of Equal Rights & Social Justice
The article explores whether Islamic law can reconcile its teachings with the rights of women, highlighting the Prophet Muhammad's respectful treatment of women while examining the current disparities in women's rights in various Muslim-majority countries. It argues that while Islamic law has the potential to support gender equality, historical and cultural interpretations have often led to discrimination against women. The article suggests that reform is possible through reinterpretation of Islamic sources and increased female participation in legal scholarship.
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben
Articles
The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk
Articles
Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …
Silenced: The Search For A Legally Accountable Censor And Why Sanitization Of The Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Silenced: The Search For A Legally Accountable Censor And Why Sanitization Of The Broadcast Airwaves Is Monopolization, Matthew S. Schneider
Cardozo Law Review
No abstract provided.
Corporate Social Accountability Standards In The Global Supply Chain: Resistance, Reconsideration, And Resolution In China, Li-Wen Lin
Cardozo Journal of International and Comparative Law
This Article provides a view on corporate social accountability standards from a Chinese perspective, a slightly different angle from that of legal scholars in the United States. The legal literature in the United States typically only focuses on the importance and effectiveness of corporate social accountability standards to regulate the conduct of multinational companies in the era of globalization. However, the views of the outsourced companies in the developing countries, on which the multinational companies impose the standards, have seldom received attention. This Article tries to fill this void by examining the situation in China. As shown in this Article, …
The Dysfunctional Progeny Of Eugenics: Autonomy Gone Awol, Matthew D. Martin Iii
The Dysfunctional Progeny Of Eugenics: Autonomy Gone Awol, Matthew D. Martin Iii
Cardozo Journal of International and Comparative Law
The article examines the ethical and legal implications of state-mandated sterilization, tracing its evolution from eugenic practices in the early 20th century to modern forms of reproductive control. It argues that such policies, whether justified by eugenics or population control, consistently violate human rights and raise significant moral concerns. The analysis critiques the Supreme Court's decision in Buck v. Bell as a landmark example of judicial endorsement of pseudoscientific discrimination, while also exploring contemporary issues like prenatal genetic testing and coercive family planning policies.
Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi
Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi
Cardozo Journal of International and Comparative Law
The note argues that the U.S. should adopt a more comprehensive framework for moral rights in copyright law, drawing inspiration from Australia's balanced approach, to better protect authors' personal and reputational interests while addressing concerns about market disruption and litigation. It highlights the U.S.'s current emphasis on economic rights, its limited implementation of moral rights under the Visual Artists Rights Act (VARA), and the potential for Australia's model to serve as a template for U.S. legislation.
A Final Plea For "Death With Dignity": A Proposal For The Modification And Approval Of The Assisted Dying For The Terminally Ill Bill In The United Kingdom, Lindsay Pfeffer
Cardozo Journal of International and Comparative Law
Increasing respect for personal autonomy in health-related decision-making, major alterations in the assisted suicide laws of other European countries (especially Switzerland and the Netherlands), and the rising popularity of Swiss suicide clinics have introduced the need for the British legislature to reevaluate the United Kingdom's stance on assisted suicide and to adjust medical practices to contemporary social needs. The introduction and obstruction of a bill in the House of Lords for the legalization of physician-assisted suicide for terminally ill individuals has provoked opposition from the British medical community and serious concern on behalf of members of the government regarding the …
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Review And Oversight Of National Security Activities And Some Reflections On Canada's Arar Inquiry, Kent Roach
Cardozo Law Review
No abstract provided.
Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe
Information Collection Based On New Technologies: Comments On Protecting Liberty In An Age Of Terror, Olivier Dutheillet De Lamothe
Cardozo Law Review
No abstract provided.
Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk
Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk
Articles
The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …
The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao
The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao
Cardozo Public Law, Policy & Ethics Journal
The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …