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Articles 211 - 223 of 223
Full-Text Articles in Comparative and Foreign Law
Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni
Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni
Cardozo International & Comparative Law Review
Current U.S. tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research in law and economics has however cast doubts on the efficiency of this practice. On this basis, some propose abandoning it in favor of gender and race neutral tables. In this article, I contribute to this debate by analyzing from a behavioral law and economics perspective …
Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke
Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke
Cardozo International & Comparative Law Review
The note critiques the overreach of intellectual property protections surrounding the Olympics, which have led to hyperlitigation, stifled public engagement, and disproportionately harmed smaller entities while benefiting large corporations. It proposes reforming the Ted Stevens Olympic and Amateur Sports Act by incorporating a fair use framework, modeled after the Copyright Royalty Board, to balance intellectual property enforcement with public participation and transparency. This approach aims to address the challenges posed by ambush marketing and sponsorship protection in the modern media landscape while ensuring equitable opportunities for all stakeholders.
Resolving The Circuit Split Over Consent Based Searches In Shared Living Spaces, Christopher Grimaldi
Resolving The Circuit Split Over Consent Based Searches In Shared Living Spaces, Christopher Grimaldi
Cardozo International & Comparative Law Review
The note argues that the police, not citizens, should bear the responsibility of resolving ambiguities in consent to search cases under the Fourth Amendment. It advocates for a solution that aligns with Supreme Court precedent, particularly Rodriguez and Salinas-Cano, to ensure constitutional protections while maintaining efficient law enforcement. The proposed approach emphasizes the importance of police inquiry to clarify authority over jointly used property, balancing individual privacy rights with practical law enforcement needs.
Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado
Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado
Cardozo International & Comparative Law Review
The note explores the concept of the right to obscurity as a subset of privacy rights, distinguishing it from the right to be forgotten. It examines how this right is addressed in E.U. and U.S. law, highlighting the E.U.'s robust framework under the GDPR and the more limited, sector-specific protections in the U.S. The analysis emphasizes the importance of balancing individual privacy rights with freedom of expression and the public interest, advocating for a proactive approach to data control rather than retroactive deletion.
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
Cardozo International & Comparative Law Review
The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.
Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18)
Masthead, Cardozo International & Comparative Law Review, Vol. 1 (2017-18)
Cardozo International & Comparative Law Review
No abstract provided.
Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff
Borders Not Walls, Brothers Not Others: Choosing Integration Over Losers And Winners, Catherine M. A. Mccauliff
Cardozo International & Comparative Law Review
The article argues that the European Union (EU) faces significant challenges to its cohesion and values, including rising populism, corruption, and economic inequality. It posits that the EU’s future depends on leaders embracing the founding principles of unity, solidarity, and human rights, as envisioned by figures like Robert Schuman. The analysis emphasizes the need for commitment to these values to counteract forces of disintegration and ensure prosperity, peace, and justice for all members.
The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao
The Penal Construction Of Drug-Related Offenses In The Context Of "Asian Values" - The Rise Of Puntitive Anti-Drug Campaigns In Asia, Michelle Miao
Cardozo International & Comparative Law Review
This article examines the penal construction of drug-related offenses as "the most serious offenses" in the context of "Asian values ". It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed - populism, moral culpability and security - all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and …
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz
The Search For Third Options In A Two-Bathroom Society, Sharon R. Cruz
Cardozo International & Comparative Law Review
The note examines the systemic discrimination faced by transgender individuals, particularly in access to bathrooms and prison housing, arguing that such treatment reflects broader societal and legal failures to recognize and protect gender identity. It critiques binary policies that perpetuate harm and advocates for inclusive measures to ensure equal rights and safety. The analysis underscores the legal system's evolving understanding of gender identity and the urgent need for enforceable protections.
A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz
A Legal Approach To Combating Terrorist Organization Funding Through The Counterfeit Market, Amanda Kusnierz
Cardozo International & Comparative Law Review
The note argues that counterfeiting has become a critical funding mechanism for terrorist organizations, particularly radical Islamic jihadist groups, due to its profitability and relative anonymity. Current legal frameworks, such as the Anti-Counterfeiting Trade Agreement (ACTA) and material support laws like section 2339B of the USA PATRIOT Act, are insufficient to address this threat effectively. The analysis highlights the need for stricter penalties, increased consumer awareness, and international cooperation to disrupt the financial networks supporting terrorism through counterfeiting.
Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder
Frauds & Flakes: An Insight Into The World Of Doping In American Professional Sports And What Congress Can Do To Fix It, Ruth Buchbinder
Cardozo International & Comparative Law Review
The note argues that the use of Collective Bargaining Agreements (CBAs) to enforce antidoping policies in professional sports is inherently flawed due to the time-consuming negotiation process and conflicting priorities between leagues and players associations. It highlights the need for independent organizations like the US Anti-Doping Agency (USADA) to address doping issues more effectively. The note also emphasizes the challenges posed by legal rulings, such as Williams v. National Football League, which undermine the enforceability of CBA provisions, and calls for federal intervention to establish uniform standards and criminal penalties for performance-enhancing drug (PED) use.
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine
Cardozo International & Comparative Law Review
The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.