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Articles 181 - 210 of 223
Full-Text Articles in Comparative and Foreign Law
The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius
The Ethics Of Non-Lawyer Advocacy: Expectations, Rules, And Complications, John F. Wirenius
Cardozo International & Comparative Law Review
The article examines the ethical challenges and legal complexities surrounding nonattorney advocacy in labor relations, particularly under the National Labor Relations Act (NLRA) and similar state statutes. It highlights the tension between holding non-lawyer union representatives to attorney ethical standards and the need for simpler, practical norms. The analysis emphasizes the importance of balancing due process for pro se parties with maintaining the integrity of advocacy roles, suggesting that resorting to fundamental statutory values and reciprocal duties can provide a baseline for ethical conduct.
The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland
The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland
Cardozo International & Comparative Law Review
No abstract provided.
Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop
Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop
Cardozo International & Comparative Law Review
The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.
Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield
Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield
Cardozo International & Comparative Law Review
The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.
The Internationalization Of Tax Disputes Issues And Options Of A Standing International Tax Court, Xueliang Ji
The Internationalization Of Tax Disputes Issues And Options Of A Standing International Tax Court, Xueliang Ji
Cardozo International & Comparative Law Review
With the growing criticisms on the traditional investor-state arbitration mechanism, the European Union has proposed an innovative provision named the Investment Court System ICS, and it has introduced it in some significant bilateral investment treaties, like Comprehensive Economic and Trade Agreement CETA and Transatlantic Trade and Investment Partnership TTIP. In the meantime, as taxation is a component of the investment polies, the protection of the rights enjoyed by the foreign taxpayers matters as well. However, the current tax related dispute settlement methods also have several defects. This article attempts to incorporate the ICS in resolving tax related disputes and taking …
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
Cardozo International & Comparative Law Review
No abstract provided.
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo
Cardozo International & Comparative Law Review
The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim
Cardozo International & Comparative Law Review
Participation and attendance in food safety negotiations such as Codex meetings are of critical importance. Common problems have existed throughout history in the area of food safety standards and their formulation regulations. First, there is a lack of interest by the public. Second, the public becomes interested only after a food safety crisis. Consequences are two-fold: with lack of public interest, governments often do not allocate enough budget and resources. Then, when the government turns to face the problem with a sudden spike in public interest, it is often too late. The situation becomes more of a crisis management, rather …
Booming Business And The Resulting Trade Secrets: How The Increase In United States And European Union Trade Led To Resulting Trade Secrets Directives And The Domination Of The Intellectual Property Field, Jordana Balsam
Cardozo International & Comparative Law Review
The note argues that the surge in trade between the United States and the European Union has led to the implementation of new trade secrets directives in both regions, establishing trade secrets as the dominant form of intellectual property over patents. The Defend Trade Secrets Act (DTSA) in the U.S. and the Trade Secrets Directive (TSD) in the E.U. were enacted to address the growing need for robust protection of trade secrets in an increasingly globalized economy.
Alternative Infrastructure Finance: Should The United States Adopt Federal Guidelines To P3 Concessions, Dih-Lin Wong
Alternative Infrastructure Finance: Should The United States Adopt Federal Guidelines To P3 Concessions, Dih-Lin Wong
Cardozo International & Comparative Law Review
The article argues that the U.S. struggles with modernizing its infrastructure due to insufficient investment and a lack of standardized legal frameworks for public-private partnerships (P3s). While P3s offer a promising alternative to traditional financing by allocating risks and generating efficiencies, the U.S. faces challenges due to a patchwork of state-level laws and procurement practices. The article suggests that adopting federal guidelines for P3s, drawing lessons from successful models in the UK and Australia, could streamline infrastructure financing, attract private investment, and enhance project efficiency.
A Case For United States Overhaul Of Its Current Biotechnology Regulation Scheme Through The Implementation Of Biotechnology-Specific Legislation To Clarify Existing Uncertainties Seen In The Collective Framework, Jordan Emmert
Cardozo International & Comparative Law Review
The U.S. biotechnology regulatory framework, established by the 1986 Coordinated Framework and its 1992 Update, is outdated and insufficient to address modern biotechnology products, particularly genetically modified organisms (GMOs). While efforts such as the Obama Administration’s 2015 Memorandum and the 2016 Update aimed to modernize the system, they failed to resolve jurisdictional ambiguities and regulatory gaps, leading to inconsistent agency enforcement and public distrust. The note argues that updating the statutory framework is essential to align U.S. regulations with international norms, ensure public safety, and maintain global competitiveness.
Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler
Wrong Conclusion, No Resolution: United Nations Security Council Resolution 2334'S Erroneous Conclusions On The Legality Of Israeli Settlements In Judea, Samaria, And Jerusalem, Howard L. Bressler
Cardozo International & Comparative Law Review
The article challenges the prevailing view that Israeli settlements in Judea, Samaria, and Jerusalem are illegal under international law. It argues that the right of Jews to settle in these areas is rooted in the League of Nations Mandate for Palestine and reaffirmed by Article 80 of the UN Charter, which protects existing rights under international instruments. The analysis contests the validity of UN Security Council Resolution 2334 and asserts that neither the Geneva Convention nor customary international law prohibits Israeli settlements in these territories.
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Cardozo International & Comparative Law Review
The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.
Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)
Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)
Cardozo International & Comparative Law Review
No abstract provided.
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan
Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan
Cardozo International & Comparative Law Review
The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman
Cardozo International & Comparative Law Review
The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold …
Emoji: The Other Tech Monopoly, Edward T. Brawley
Emoji: The Other Tech Monopoly, Edward T. Brawley
Cardozo International & Comparative Law Review
No abstract provided.
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Cardozo International & Comparative Law Review
The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney
Cardozo International & Comparative Law Review
The Trump Administration's withdrawal from the Paris Agreement has significant geopolitical implications, as it creates a leadership vacuum that China is poised to fill, potentially reshaping the global transition to renewable energy. While the U.S. federal government steps back from international climate efforts, non-federal actors like states and cities continue to advance climate initiatives. The withdrawal underscores the importance of domestic innovation in clean energy to counterbalance China's growing influence.
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 3
Cardozo International & Comparative Law Review
No abstract provided.
Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer
Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer
Cardozo International & Comparative Law Review
The article explores the evolution of intellectual property law in the digital age, focusing on trademarks and copyrights. It examines how courts and regulatory bodies like ICANN have addressed challenges such as trademark use in online contexts, digital copyright enforcement, and domain name disputes. The analysis highlights the adaptability of legal frameworks to new technologies and the ongoing efforts to balance intellectual property rights with the functional aspects of the internet.
Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon
Analyzing Pension Reforms In Nigeria: 14 Years After The Chilean Model, Irekpitan Okukpon
Cardozo International & Comparative Law Review
Pensions are regarded as a form ofsocial security in any economy because of the attendant benefits which an employee is entitled to upon retirement and as a form of lfe savings. Over the past three decades, reforms of pension schemes and the pension industry by the Nigerian government has been fraught with criticisms, particularly with regards to poor implementation ofpension schemes and lacklustre legislation. The current 2014 Pension Reform Act contains specific innovations which attempt to address the problems inherent in previous legislations, particularly with regards to sanctions and compliance measures. This paper analyzes pension schemes in Chile, highlighting the …
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Vacating Criminal Convictions For Victims Of Human Trafficking: Weighing Opportunities For Expansion With A State Interest In Finality, Lori Waichman
Cardozo International & Comparative Law Review
The note argues that while human trafficking is illegal under both U.S. and international law, victims often face lasting harm due to criminal records for crimes committed during their exploitation. Current vacatur laws, which allow victims to clear such convictions, are limited in scope, focusing primarily on prostitution-related offenses. The note advocates for expanding these laws to cover all crimes committed as a result of trafficking, emphasizing the need to prioritize victim relief over the finality of criminal convictions. It also highlights the role of state and federal legislation in addressing these gaps and ensuring victims can rebuild their lives.
Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter
Take Me Out Of The Ballgame, Take Me Out To The Free Market: An Analysis Of Midterm Contract Renegotiation In Major League Baseball, Aaron Bretter
Cardozo International & Comparative Law Review
The note argues that mid-term contract renegotiations in Major League Baseball (MLB) should be permitted under specific legal doctrines, such as efficient breach, changed circumstances, and duress. It advocates for a more dynamic and equitable system where player compensation aligns with current performance, balancing fairness for players and practical considerations for teams. While the theory of efficient breach is intriguing, the doctrine of changed circumstances is posited as the most viable legal remedy for renegotiation, particularly when a player's performance significantly exceeds initial expectations.
Unwise Integration Of The Foreign Account Tax Compliance Act Into The Common Reporting Standard - Taking Taiwan As An Example, Yi-Hsin Wu
Cardozo International & Comparative Law Review
The note critically examines the challenges of integrating the Foreign Account Tax Compliance Act (FATCA) with the Common Reporting Standard (CRS), using Taiwan as a case study. It argues that integrating FATCA into CRS is unnecessary and could exacerbate compliance burdens for financial institutions, particularly in jurisdictions like Taiwan that have already invested significant resources into FATCA compliance. Instead, the note advocates for revising FATCA to clarify its provisions and reducing withholding tax obligations, while postponing CRS implementation to allow better preparation and avoid unfair competitive disadvantages.
Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott
Football In London? An Antitrust Examination Of The National Football League’S International Expansion Efforts, Michael Scott
Cardozo International & Comparative Law Review
The NFL's potential international expansion to the UK presents significant antitrust challenges in both the US and the UK, requiring careful navigation of legal frameworks and strategic planning to avoid scrutiny.
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Chasing Shadows: The Economic And Noneconomic Thrust Of Bds, Harry G. Hutchison
Cardozo International & Comparative Law Review
Proponents of the Boycott, Divestment and Sanctions (BDS) campaign, in combination with left-wing activists and progressive theorists, sustain themselves through perceived adversity with the mantra that the universe evolves toward justice, which, in turn, allows for a focused indignation on Israel for alleged abuses of the Palestinian people. In this account, Israel's conduct thwarts desirable human progress and deserves reproof Alternatively, ire erupts because Israeli Jews are being, well, Jews. Despite persuasive evidence showing the contention that the Arabs of Palestine and the Land of Israel possess the same legal rights as the Jewish people contradicts principles of international law, …
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 2
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.