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Comparative and Foreign Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 631 - 660 of 777

Full-Text Articles in Comparative and Foreign Law

The Copyright Divide, Peter K. Yu Nov 2003

The Copyright Divide, Peter K. Yu

Cardozo Law Review

No abstract provided.


Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng Aug 2003

Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng

Cardozo Law Review

No abstract provided.


Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin Jul 2003

Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin

Cardozo Journal of International and Comparative Law

The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.


Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala Jul 2003

Looking Beyond Intellectual Property In Resolving Protection Of The Intangible Cultural Heritage Of Indigenous Peoples, Robert K. Paterson, Dennis S. Karjala

Cardozo Journal of International and Comparative Law

The article examines the challenges indigenous peoples face in protecting their intangible cultural property, such as songs, legends, and ceremonies, under existing intellectual property (IP) and legal regimes. It argues that while indigenous claims for protection are legitimate, recognizing new IP rights may not be necessary or appropriate. Instead, the authors propose that existing legal frameworks, such as contract law, privacy, trade secret, and trademark law, could provide more effective and balanced solutions. They advocate for a nuanced approach that respects indigenous cultural heritage while maintaining compatibility with public domain interests and free expression.


Introduction, Peter K. Yu Jul 2003

Introduction, Peter K. Yu

Cardozo Journal of International and Comparative Law

The introduction explores the challenges of protecting traditional knowledge, folklore, and indigenous practices within the global intellectual property framework. It argues that the success of such protection depends on selecting the appropriate international forum for negotiations, fostering a nonzero-sum mindset among negotiators, addressing cognitive barriers, and ensuring the active participation of indigenous communities. The introduction emphasizes the need for a balanced approach that considers the diverse interests of various stakeholders, including developed and developing countries, indigenous peoples, and international organizations.


Legal Protection Of Indigenous Culture In Australia, Ronald Sackville Jul 2003

Legal Protection Of Indigenous Culture In Australia, Ronald Sackville

Cardozo Journal of International and Comparative Law

The article examines the legal protection of Indigenous culture in Australia, highlighting both progress and persistent challenges. While significant strides have been made, such as constitutional amendments and the recognition of native title, the legal system still struggles to adequately protect Indigenous cultural rights, particularly in reconciling them with existing intellectual property and heritage protection frameworks.


Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko Apr 2003

Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko

Cardozo Journal of International and Comparative Law

The article argues that post-conflict African nations, particularly Nigeria, face a critical challenge in balancing justice for past regime transgressions with the need to maintain social stability and consolidate democracy. It contends that criminal prosecutions, while symbolically important, may disrupt social equilibrium and fail to address systemic issues stemming from authoritarian rule. Instead, the article advocates for a pragmatic approach, emphasizing the establishment of a Truth Commission as a middle ground between retribution and amnesty to facilitate reconciliation and advance democratic consolidation.


Solving The Greek Turkish Boundary Dispute, Scott Keefer Apr 2003

Solving The Greek Turkish Boundary Dispute, Scott Keefer

Cardozo Journal of International and Comparative Law

The article proposes a structured approach to resolving the Aegean Sea dispute between Greece and Turkey by advocating for the separation of issues, such as delimitation of the continental shelf through arbitration and direct negotiations for islet ownership. It emphasizes the importance of considering equitable principles and historical precedents to build trust and stability, suggesting that resolving the Aegean dispute independently could facilitate progress on the more contentious Cyprus issue.


Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld Apr 2003

Hate Speech In Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Tolerance, Tradition And Modernity, Adam B. Seligman Apr 2003

Tolerance, Tradition And Modernity, Adam B. Seligman

Cardozo Law Review

No abstract provided.


African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey Mar 2003

African Nietzsche: Poetry, Philosophy And African Legal Thinking, Adam Gearey

Cardozo Law Review

No abstract provided.


La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro Jan 2003

La Mujer Argentina Que Soy Yo/The Argentinean Woman That I Am, Maria-Victoria Castro

Cardozo Journal of Equal Rights & Social Justice

The article explores the tension Argentinean women face between traditional cultural and religious expectations and their aspirations for modern roles, highlighting the systemic barriers and cultural norms that limit their progress. The author, drawing from personal experience and historical analysis, argues for the need to redefine gender roles and challenge oppressive structures to achieve true equality.


The Control Over The De-Identification Of Data, Benjamin Charkow Jan 2003

The Control Over The De-Identification Of Data, Benjamin Charkow

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Privilege And Punishment: Press Governance In China, Perry Keller Jan 2003

Privilege And Punishment: Press Governance In China, Perry Keller

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty Jan 2003

Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty

Cardozo Law Review

No abstract provided.


Nietzsche's Gnosis Of Law, Frederick M. Dolan Jan 2003

Nietzsche's Gnosis Of Law, Frederick M. Dolan

Cardozo Law Review

No abstract provided.


The Brown Shoe Of European Union Competition Law, Eric S. Hochstadt Nov 2002

The Brown Shoe Of European Union Competition Law, Eric S. Hochstadt

Cardozo Law Review

No abstract provided.


Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts Aug 2002

Carl Schmitt In Context: Reflections On A Symposium, Detlev F. Vagts

Cardozo Law Review

No abstract provided.


Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon Jul 2002

Corporate Governance And Executive Remuneration: Rediscovering Managerial Positional Conflict, Jennifer Hill, Charles M. Yablon

Articles

The article critiques the assumption that performance-based executive remuneration aligns managerial and shareholder interests, arguing that executives' positional power allows them to exploit such systems, leading to excessive pay and corporate malfeasance. It highlights how this conflict of interest contributed to major corporate collapses like Enron and One.Tel, emphasizing the need for reforms beyond current governance mechanisms.


Constructing Baseball: Boston And The First World Series, Roger I. Abrams May 2002

Constructing Baseball: Boston And The First World Series, Roger I. Abrams

Cardozo Law Review

No abstract provided.


"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long Apr 2002

"Democratizing" Globalization: Practicing The Policies Of Cultural Inclusion, Doris Estelle Long

Cardozo Journal of International and Comparative Law

The article examines the evolving relationship between culture and intellectual property in the context of globalization, arguing that the current international harmonization process under the TRIPS Agreement is coercive and undemocratic, disproportionately favoring developed countries. It advocates for a more inclusive and balanced approach to harmonization that considers the diverse needs of developing countries and ensures equitable protection of intellectual property while preserving cultural and public domain interests.


A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka Feb 2002

A Canadian Perspective On The Role Of Cooperators And Informants, Steven Skurka

Cardozo Law Review

No abstract provided.


Coming To Terms With Informational Stratification In The People's Republic Of China, Jack Linchuan Qiu Jan 2002

Coming To Terms With Informational Stratification In The People's Republic Of China, Jack Linchuan Qiu

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel Nov 2001

The Delaware Business Trust Act Failure As The New Corporate Law, Tamar Frankel

Cardozo Law Review

No abstract provided.


The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis Oct 2001

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

Articles

Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.


The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld Jul 2001

The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld

Articles

The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …


The Perceived Values Of Diversity, Then And Now, Peter H. Schuck Jul 2001

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.


The Newness Of New Technology, Monroe E. Price Jul 2001

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.


"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman Apr 2001

"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman

Cardozo Journal of International and Comparative Law

Through analysis of two recent cases, one Israeli and one British, this article advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as the prohibition against torture, enforced through transnational adjudication. More specifically, this article suggests that deliberation between the three branches of government, central to the concept of constitutional democracy, is not confined to the boundaries of the nation-state; rather, the development of jus cogens norms coupled with universal jurisdiction in domestic courts ensures that such deliberation crosses national jurisdictions. This development allows, for example, for domestic courts to review, and be reviewed by, foreign …


Chinese Population Transfer In Tibet, John S. Hall Apr 2001

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.