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Articles 601 - 630 of 777
Full-Text Articles in Comparative and Foreign Law
An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk
Cardozo Journal of Conflict Resolution
This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …
An Authors' Rights-Based Copyright Law: The Fairness And Morality Of French And American Law Compared, Jean-Luc Piotraut
An Authors' Rights-Based Copyright Law: The Fairness And Morality Of French And American Law Compared, Jean-Luc Piotraut
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes
Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes
Articles
Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …
The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum
The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger
Is Fame Alone Sufficient To Create Priority Rights: An International Perspective On The Viability Of The Famous/Well-Known Marks Doctrine, Alexis Weissberger
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane
A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane
Cardozo Law Review
No abstract provided.
Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile
Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile
Cardozo Journal of Conflict Resolution
As the strategic economic partner of the Southern Mediterranean (MEDA) region, the European Union (EU) seeks to promote effective mechanisms of development through increased industrial cooperation in order to create a Euro-Mediterranean area of shared prosperity. The first Euro-Mediterranean Conference of Ministries of Industry, held in June of 1996 in Brussels, listed among its priority objectives 1) the formation of a fair judicial and administrative framework for investment; and 2) the establishment and support of Small and Medium Enterprises (SMEs) through the development of regional networks. However, recent reports on world trade and investment describe the MEDA region as an …
Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand
Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand
Cardozo Law Review
No abstract provided.
Numerical Comparative Law: Do We Need Statistical Evidence In Law In Order To Reduce Complexity?, Mathias M. Siems
Numerical Comparative Law: Do We Need Statistical Evidence In Law In Order To Reduce Complexity?, Mathias M. Siems
Cardozo Journal of International and Comparative Law
The article explores the use of numerical methods in comparative law, questioning whether statistical approaches can effectively simplify legal complexity without oversimplification. It examines both the potential benefits and drawbacks of quantifying legal systems, arguing that while numerical methods can enhance practical utility, they must be used cautiously to avoid neglecting legal complexity and contextual factors.
Globalization & Law: Beyond Traditional Methodology Of Comparative Legal Studies And An Example From Private International Law, Fabio Morosini
Globalization & Law: Beyond Traditional Methodology Of Comparative Legal Studies And An Example From Private International Law, Fabio Morosini
Cardozo Journal of International and Comparative Law
The article explores the impact of globalization on comparative legal studies and private international law, arguing that traditional methodologies in comparative law must evolve to address the challenges posed by globalization. It emphasizes the need for interdisciplinary approaches, particularly incorporating economic analysis, to better understand and adapt to the changing legal landscape. The analysis focuses on the European Union as a case study, demonstrating how European Community law influences the private international law of its member states and advocating for methodological innovations to maintain the relevance of comparative legal studies in a globalized world.
Sec Hedge Fund Regulatory Implications On Asian Emerging Markets: Bottom Line Or Bust, Sherry M. Shore
Sec Hedge Fund Regulatory Implications On Asian Emerging Markets: Bottom Line Or Bust, Sherry M. Shore
Cardozo Journal of International and Comparative Law
The note examines the dual role of hedge funds as both contributors to financial crises and potential drivers of economic growth, emphasizing the need for balanced regulatory approaches that mitigate systemic risks while harnessing their benefits. It highlights the challenges of implementing effective regulation, particularly in emerging markets, and critiques the SEC's recent regulatory measures as potentially counterproductive. The analysis underscores the importance of understanding the structural and economic conditions that facilitate hedge fund activities to inform policy decisions.
Something Old, Something New, Something Borrowed, Something Blue: A New Tradition In Nontraditional Trademark Registrations, Melissa E. Roth
Something Old, Something New, Something Borrowed, Something Blue: A New Tradition In Nontraditional Trademark Registrations, Melissa E. Roth
Cardozo Law Review
No abstract provided.
The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong
The Orphan Of China: Law And Literature In Contemporary China, Zhang Wanhong
Cardozo Law Review
No abstract provided.
The Jew As Translator In Soviet Russia, Harriet Murav
The Jew As Translator In Soviet Russia, Harriet Murav
Cardozo Law Review
No abstract provided.
Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port
Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port
Cardozo Journal of International and Comparative Law
The article argues that Article 9 of the Japanese Constitution was originally intended to prevent Japan from maintaining any military forces, whether for offensive or defensive purposes. Despite this, Japan now has the fourth-largest military in the world, creating a contradiction between the Constitution's intent and current reality. The article contends that the Self-Defense Forces (SDF) are unconstitutional and proposes converting them into a disaster relief organization to align with the original pacifist vision of Article 9.
Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku
Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku
Cardozo Journal of International and Comparative Law
The article critiques Nigeria's absolute ban on corporate political activism as unrealistic and counterproductive, advocating for a more nuanced regulatory framework. It proposes allowing corporate political participation with safeguards like disclosure requirements and shareholder involvement, drawing insights from U.S., U.K., and Canadian approaches to balance free expression with corruption prevention.
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
The Lengthening Shadow Of Androcentrism, Bryan K. Fair
Cardozo Journal of Equal Rights & Social Justice
The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.
A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese
A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Publicity Rights As Property Rights, David Westfall, David Landau
Publicity Rights As Property Rights, David Westfall, David Landau
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec
The New Iraq: Resolving Public And Private Obligations Incurred Under Saddam Hussein's Rule In The Context Of International Arbitration, Darius Adam Marzec
Cardozo Journal of Conflict Resolution
Saddam Hussein's rule in Iraq collapsed on April 9, 2003, after an American-led coalition invasion. The coalition quickly deposed the Iraqi dictator and began the process of turning the nation away from authoritarian rule, murder, and death, to civility. While Saddam Hussein is gone, and no government-supported oppression of people exists, another form of tyranny persists: Iraq's modern economy is burdened with $383 billion in public debt and judgments. Adding insult to injury, after the coalition troops drove up to Baghdad through the desert, Iraq's banking system turned out to be insolvent.
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Cardozo Journal of International and Comparative Law
The article explores the future trajectory of the Uniform Dispute Resolution Policy (UDRP), outlining three potential evolutionary pathways: an autonomous UDRP distinct from national laws, an Americanized UDRP aligned with U.S. legal frameworks, or a cosmopolitan UDRP influenced by diverse national laws. Each pathway has significant implications for the UDRP's role in resolving domain name disputes globally.
Recent Developments In European Takeover And Corporate Law, Andrea Guaccero
Recent Developments In European Takeover And Corporate Law, Andrea Guaccero
Cardozo Journal of International and Comparative Law
The article examines recent developments in European corporate law, focusing on the harmonization of takeover laws and broader corporate governance reforms. It highlights the challenges and opportunities arising from the integration of national legal systems within the European Union, emphasizing the balance between uniformity and national sovereignty. The analysis draws parallels with U.S. corporate law and explores the role of directives, regulations, and court rulings in shaping a cohesive European legal framework.
The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler
The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler
Cardozo Journal of International and Comparative Law
Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that …
China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan
Cardozo Journal of International and Comparative Law
The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.
Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne
Cardozo Journal of International and Comparative Law
The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …
The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin
The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin
Cardozo Journal of International and Comparative Law
The article examines the legal reforms implemented by the Coalition Provisional Authority (CPA) in post-conflict Iraq, particularly CPA Order No. 39, which liberalizes foreign investment. These reforms are crucial for attracting foreign direct investment (FDI) to revive Iraq's economy, which has been devastated by war, sanctions, and central planning. The article highlights the importance of creating a stable legal environment, including equal treatment for foreign and domestic investors, streamlined corporate governance, and adherence to international standards. However, it also points out gaps in protections against confiscation and the need for further reforms in areas such as business immigration and tax …
No Borders. No Boundaries. No Limits. An Analysis Of Corporate Law In The European Union After The Centros Decision, Laura Jankolovits
No Borders. No Boundaries. No Limits. An Analysis Of Corporate Law In The European Union After The Centros Decision, Laura Jankolovits
Cardozo Journal of International and Comparative Law
The Centros decision, rendered by the European Court of Justice in 1999, significantly advanced the principle of freedom of establishment within the European Union by prohibiting Member States from discriminating against companies incorporated in other Member States. The ruling effectively limited the ability of Member States to impose their own corporate laws on foreign companies operating within their borders, fostering a more integrated market. However, this decision also raised concerns about the potential for a "race to the bottom" in corporate law, as companies could now choose jurisdictions with more favorable regulations. The note argues that while the Centros decision …
Study Of The International Food Security Regime: Food Aid To North Korea During The Famine Of 1995-2000, Jongeun Lee
Study Of The International Food Security Regime: Food Aid To North Korea During The Famine Of 1995-2000, Jongeun Lee
Cardozo Journal of International and Comparative Law
The note examines the persistent food insecurity in the Democratic People's Republic of Korea (DPRK) and the challenges of international food aid efforts, highlighting systemic issues such as monitoring limitations, political debates over aid effectiveness, and the need for reform in the international food security regime. It argues that while organizations like the World Food Programme (WFP) have expanded their operations in the DPRK, structural barriers, including the government's restrictions and donor countries' shifting commitments, undermine the long-term impact of food aid. The note emphasizes the urgency of addressing these challenges to prevent further humanitarian crises and promote sustainable food …
Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson
Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson
Cardozo Public Law, Policy & Ethics Journal
The article explores the role of transitional justice in post-conflict societies, with a focus on the United Nations' efforts to address war crimes and promote reconciliation. It highlights the establishment of the Sierra Leone Special Court and the Truth and Reconciliation Commission as key mechanisms for accountability and healing. The article argues that transitional justice is essential for national reconciliation, democracy, and long-term peace, emphasizing the importance of balancing justice with the need to avoid destabilizing fragile post-conflict societies.
Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Belgium's Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Cardozo Law Review
No abstract provided.