Comparative and Foreign Law Commons^™

Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser

Cardozo Law Review

No abstract provided.

Betraying Women In The Name Of Revolution: Violence Against Women As An Obstacle To Democratic Nation-Building In South Africa, Suzanne A. Kim

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction between the formal legal advancements in gender equality and the persistent epidemic of violence against women in post-apartheid South Africa. Despite the African National Congress' (ANC) commitment to gender equality and the inclusion of women in political processes, the reality of widespread violence against women undermines the nation's democratic ideals and highlights the failure to address gender concerns within the broader nationalist agenda.

Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld

Articles

The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.

The Role Of The United Nations And Recognition In Sovereignty Determinations: How Australia Breached Its International Obligations In Ratifying The Tmor Gap Treaty, Michael Shane French-Merril

Cardozo Journal of International and Comparative Law

The note examines the International Court of Justice's (ICJ) decision in the *Case Concerning East Timor*, highlighting the tension between factual sovereignty and legal principles in international law. It argues that the ICJ's dismissal of Portugal's case against Australia due to lack of jurisdiction underscored the limitations of international adjudication in resolving sovereignty disputes. The case raises critical questions about the recognition of sovereignty acquired through force, the role of erga omnes obligations, and the UN's role in territorial disputes.

Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe

Cardozo Journal of International and Comparative Law

The note examines the challenges to freedom of expression in Israel, highlighting the absence of a written constitution and the tension between security concerns, religious influences, and democratic values. It argues that while the High Court of Israel has played a crucial role in protecting civil liberties, the lack of constitutional protections leaves freedom of expression vulnerable, particularly in cases involving national security and religious sensibilities.

The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone

Articles

The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …

Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato

Cardozo Law Review

No abstract provided.

Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard

Cardozo Law Review

No abstract provided.

The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi

Cardozo Law Review

No abstract provided.

Decriminalization Of Sodomy Under South Africa's 1996 Constitution: Implications For South African And U.S. Law, Heidi Joy Schmid

Cardozo Journal of International and Comparative Law

The note examines the landmark decision of the South African Constitutional Court in National Coalition for Gay and Lesbian Equality and Another v. Minister of Justice and Another, which invalidated sodomy laws as unconstitutional. The court held that these laws violated rights to dignity, privacy, and equality under the South African Constitution of 1996. Judge Sachs emphasized the interconnectedness of privacy and equality rights, advocating for a broad interpretation of privacy and the importance of dignity in challenging discriminatory laws. The decision not only advanced sexual minority rights in South Africa but also highlighted broader implications for global jurisprudence, …

The Effectiveness Of The Comprehensive Test Ban Treaty On Nuclear Weapons Proliferation: A Review Of Nuclear Nonproliferation Treaties And The Impact Of The Indian And Pakistani Nuclear Tests On The Non-Proliferation Regime, Vejay Lalla

Cardozo Journal of International and Comparative Law

The Comprehensive Test Ban Treaty (CTBT) and the Nuclear Non-Proliferation Treaty (NPT) are insufficient to curb nuclear proliferation due to weaknesses in their enforcement mechanisms, loopholes in their provisions, and challenges posed by new nuclear states like India and Pakistan. The treaties fail to address critical issues such as arbitrary withdrawal clauses and inadequate verification systems, undermining their effectiveness in achieving global nuclear disarmament.

Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Comment: Remarks On Michelman And Breyer, Shlomo Avineri

Cardozo Law Review

No abstract provided.

French Secularism, Or Laïcité, Michel Troper

Cardozo Law Review

No abstract provided.

Foreword, Norman Dorsen

Cardozo Law Review

No abstract provided.

Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai

Cardozo Law Review

No abstract provided.

Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price

Articles

The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.

Extradition From Israel: The Samuel Sheinbein Case, Dina Maslow

Cardozo Journal of International and Comparative Law

The note examines the legal complexities surrounding the extradition case of Samuel Sheinbein, a dual citizen of Israel and the United States, who fled to Israel after being implicated in a murder in Maryland. The case highlights tensions between Israel's citizenship laws, which prohibit the extradition of its citizens, and international extradition norms. The Israeli Supreme Court ultimately ruled that Sheinbein could not be extradited due to his Israeli citizenship, prompting efforts to revise the extradition agreement between Israel and the United States to prevent similar outcomes in the future. The case underscores the challenges of balancing national sovereignty with …

Conclusion, Jonathan S. Greene

Cardozo Journal of International and Comparative Law

No abstract provided.

The Right To Her Embryos: An Analysis Of Nahmani V. Nahmani And Its Impact On Israeli In Vitro Fertilization Law, Janie Chen

Cardozo Journal of International and Comparative Law

The note examines the landmark 1996 Israeli Supreme Court decision in Nahmani v. Nahmani, which ruled that a woman’s right to parenthood outweighs her estranged husband’s objections to fatherhood in the context of frozen embryos created through IVF. The Court established a three-prong test to balance conflicting interests, legitimate expectations, and public policy, ultimately prioritizing the woman’s right to motherhood over the man’s right to refuse parenthood. The decision reflects broader tensions between reproductive rights, personal autonomy, and cultural-religious values, particularly the Jewish legal and ethical emphasis on procreation and the sanctity of life.

Female Genital Mutilation: Marked By Tradition, Isabel Coello

Cardozo Journal of International and Comparative Law

The article examines the pervasive issue of female genital mutilation (FGM), a practice deeply rooted in cultural and religious traditions, which perpetuates gender-based violence and discrimination. It highlights the failure of many governments to effectively implement international human rights treaties to eradicate FGM, despite its severe physical and psychological consequences. The analysis focuses on legal challenges, recent court cases in Spain and France, and the growing recognition of FGM as grounds for political asylum, emphasizing the need for stronger international and domestic policies to protect women's rights.

The Risks Of Adjudicating Vichy, Richard H. Weisberg

Articles

The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.

Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen

Cardozo Law Review

No abstract provided.

International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury

Cardozo Journal of International and Comparative Law

The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Public Broadcasting And The Crisis Of Corporate Governance, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.

In Pursuit Of Justice: Recovering Looted Assets Of European Jewry, Naphtali Lau-Lavie

Cardozo Law Review

No abstract provided.

Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg

Cardozo Law Review

No abstract provided.