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Comparative and Foreign Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 751 - 777 of 777

Full-Text Articles in Comparative and Foreign Law

Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer Aug 1992

Forensic Expertise In Dutch Criminal Procedure, Johannes F. Nijboer

Cardozo Law Review

No abstract provided.


Autopoiesis And Positivism, Richard Weisberg Mar 1992

Autopoiesis And Positivism, Richard Weisberg

Cardozo Law Review

No abstract provided.


An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland Jan 1992

An Emerging Conception Of Fundamental Rights In Contemporary Russia, Mary Holland

Cardozo Journal of International and Comparative Law

The article explores the emergence of a new conception of fundamental rights in post-Soviet Russia, marking a significant shift from a totalitarian regime to a more democratic, rule-of-law-based system. This transformation is evident through the adoption of key legal documents: the Declaration of Rights and Freedoms, the Conception of Judicial Reform, and the Law on the Constitutional Court. These reforms reflect a rejection of the Soviet legal tradition, alignment with international human rights standards, and a re-emergence of pre-revolutionary Russian legal ideals. The article argues that these developments signify a fundamental change in the Russian legal framework, emphasizing individual rights …


Privatization And Economic Rights In Central Europe, Robert Jystad Jan 1992

Privatization And Economic Rights In Central Europe, Robert Jystad

Cardozo Journal of International and Comparative Law

The article advocates for the reevaluation and adaptation of economic rights in the context of Eastern Europe's transition from communism to market economies, particularly focusing on the challenges posed by privatization. It critiques the U.N.'s approach to full employment as overly idealistic and proposes a Rawlsian principle of fairness, emphasizing equality of opportunity and nondiscrimination, to guide economic reforms. The analysis examines legislative responses in Poland, Hungary, and the Czech and Slovak Federal Republic (CSFR), highlighting the tension between economic reform and social protections. The article concludes that the success of these transitions depends on addressing unfair asset distribution and …


Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo Jan 1992

Authorship And The Concept Of National Cinema In Spain, Marvin D'Lugo

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack Jan 1992

The Author In Copyright: Notes For The Literary Critic, Monroe E. Price, Malla Pollack

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers Nov 1991

Marshalling Evidence For Adversary Litigation, David Schum, Peter Tillers

Cardozo Law Review

No abstract provided.


Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder Nov 1991

Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder

Articles

The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …


Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg Apr 1991

Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg

Cardozo Law Review

The article examines the complicity of the Vichy legal system in the persecution of Jews during World War II, arguing that French lawyers and judges actively contributed to Nazi objectives through legalistic rhetoric and formalism. By focusing on individual cases and interpretive debates, the legal profession avoided addressing the moral and ethical implications of their actions, enabling the enforcement of oppressive policies. The analysis critiques the failure of legal professionalism and the dangers of prioritizing formalism over human rights.


Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz Feb 1991

Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz

Cardozo Law Review

No abstract provided.


Self-Defense As A Justification For Punishment, George P. Fletcher Feb 1991

Self-Defense As A Justification For Punishment, George P. Fletcher

Cardozo Law Review

No abstract provided.


Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus Jan 1991

Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Art Forgery And Copyright Law: Modifying The Originality Requirement To Prevent The Forging Of Artworks, Judith M. Nelson Jan 1990

Art Forgery And Copyright Law: Modifying The Originality Requirement To Prevent The Forging Of Artworks, Judith M. Nelson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Universal Kinship And The Supreme Court, Louis Lusky Oct 1989

Universal Kinship And The Supreme Court, Louis Lusky

Cardozo Law Review

No abstract provided.


Slouching Toward Integration: International Banking Before And After 1992, Shari Siegel Oct 1989

Slouching Toward Integration: International Banking Before And After 1992, Shari Siegel

Cardozo Law Review

No abstract provided.


Inventing Judicial Review: Israel And America, Robert A. Burt Jun 1989

Inventing Judicial Review: Israel And America, Robert A. Burt

Cardozo Law Review

No abstract provided.


Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich Apr 1989

Reaction To Terrorism: A Jewish Law Caveat, J. David Bleich

Articles

No abstract provided.


Hegel, Hermeneutics, Politics: A Reply To Charles Taylor, Cornel West Mar 1989

Hegel, Hermeneutics, Politics: A Reply To Charles Taylor, Cornel West

Cardozo Law Review

No abstract provided.


Truth And The Law: A Critical View Of Community, Jan G. Deutsch Feb 1989

Truth And The Law: A Critical View Of Community, Jan G. Deutsch

Cardozo Law Review

No abstract provided.


The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo Jan 1989

The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introduction, Monroe E. Price Oct 1988

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.


Copyright In The People's Republic Of China: A Foreigner's Guide, Joseph T. Simone Jan 1988

Copyright In The People's Republic Of China: A Foreigner's Guide, Joseph T. Simone

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins Mar 1987

The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins

Cardozo Law Review

No abstract provided.


The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian Jan 1986

The Political Consequences Of Labor Law Regimes: The Contractualist And Corporatist Models Compared, Tamara Lothian

Cardozo Law Review

No abstract provided.


Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff Jan 1984

Bronze Sculptures: Casting Around For Protection, Leonard D. Duboff

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal Jan 1979

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.


The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards Jan 1979

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.