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Articles 31 - 60 of 139
Full-Text Articles in Comparative and Foreign Law
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany R. Berger
Birthright Citizenship On Trial: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany R. Berger
Cardozo Law Review
In the summer of 2015, the majority of Republican candidates for president announced their opposition to birthright citizenship. The constitutional dimensions of that right revolve around two cases decided at the end of the nineteenth century, Elk v. Wilkins (1884) and United States v. Wong Kim Ark (1898). The first held that an American Indian man born in the United States was not a citizen under the Fourteenth Amendment; the second, that a Chinese American man born in the United States was indeed a citizen under the amendment. This Article juxtaposes the history of these decisions. By showing the distinctive …
Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel
Obesity Regulation Under Home Rule: An Argument That Regulation By Local Governments Is Superior To Administrative Agencies, Patrick M. Steel
Cardozo Law Review
No abstract provided.
Towards The Law Of Legal Services, Andrew M. Perlman
Towards The Law Of Legal Services, Andrew M. Perlman
Cardozo Law Review
No abstract provided.
Exodus: Structuring Redemption Of Captives, Rivka Weill
Exodus: Structuring Redemption Of Captives, Rivka Weill
Cardozo Law Review
The question of how to react to ransom demands in kidnap situations is ancient and persistent. It was asked as far back as Biblical times, and yet modern states have still not found answers. In terrorist kidnapping scenarios, the private victims, including the families, are often used as leverage to pressure the authorities, with the anticipation that the combination of public sympathy and private lobbying will result in excessive concessions. In the kidnap game, the victim's family is a single-game player and thus operates under a completely different set of considerations than the repeat player: the state. The question is …
The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf
The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf
Cardozo Law Review
Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Cardozo Law Review
No abstract provided.
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Uncertainty As Enforcement Mechanism: The New Expansion Of Secondary Copyright Liability To Internet Platforms, John Blevins
Cardozo Law Review
This Article examines the role that legal uncertainty plays as a copyright enforcement mechanism against Internet platforms. In recent years, Internet platforms have faced a new wave of copyright enforcement actions arising from their users' activity. These actions include both civil secondary liability claims and public enforcement actions such as domain name seizures and criminal prosecution. In these enforcement actions, content owners understandably prefer broad secondary liability standards, but these standards remain subject to statutory and doctrinal constraints such as the DMCA safe harbor. Copyright owners, accordingly, are attempting to increase the breadth and expense of secondary copyright liability for …
Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino
Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino
Cardozo Law Review
No abstract provided.
The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink
The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink
Cardozo Law Review
No abstract provided.
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
Cardozo Law Review
No abstract provided.
Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen
Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen
Cardozo Law Review
The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the "fame" requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam
Judicial Review, A Comparative Perspective: Israel, Canada, And The United States, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Intimate Enunciations: Carnival And Apocalypse In Fellini, Lior Barshack
Intimate Enunciations: Carnival And Apocalypse In Fellini, Lior Barshack
Cardozo Law Review
No abstract provided.
Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan
Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan
Cardozo Law Review
No abstract provided.
To Disclose Or Not To Disclose? Csx Corp., Total Return Swaps, And Their Implications For Schedule 13d Filing Purposes, Daniel Bertaccini
To Disclose Or Not To Disclose? Csx Corp., Total Return Swaps, And Their Implications For Schedule 13d Filing Purposes, Daniel Bertaccini
Cardozo Law Review
No abstract provided.
Veiling And Women's Intelligibility, John Borneman
Veiling And Women's Intelligibility, John Borneman
Cardozo Law Review
No abstract provided.
Changing The Lebanese Constitution: A Postmodern History, John J. Donohue
Changing The Lebanese Constitution: A Postmodern History, John J. Donohue
Cardozo Law Review
No abstract provided.
The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens
The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens
Cardozo Law Review
No abstract provided.
Religious Marriage In A Liberal State, Gidi Sapir, Daniel Statman
Religious Marriage In A Liberal State, Gidi Sapir, Daniel Statman
Cardozo Law Review
No abstract provided.
Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik
Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik
Cardozo Law Review
No abstract provided.
Why The French Laïcité Is Liberal, Patrick Weil
Why The French Laïcité Is Liberal, Patrick Weil
Cardozo Law Review
No abstract provided.
The Market For Contracts, Geoffrey P. Miller, Theodore Eisenberg
The Market For Contracts, Geoffrey P. Miller, Theodore Eisenberg
Cardozo Law Review
Recent empirical work has established that New York supplies the law and forum in nearly half the material commercial contracts of public firms. In this respect New York plays a role for commercial contracts analogous to the role played by Delaware with respect to corporate charters. Is the revealed preference for New York law and forum merely the result of choices made by the contracting parties, or does New York actively compete for this business? This paper describes ways in which New York seeks to attract and retain corporate contracts in competition with other potential providers of law and forum. …
Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner
Cardozo Law Review
No abstract provided.
The Sec's 2006 Soft Dollar Guidance: Law And Economics, D. Bruce Johnsen
The Sec's 2006 Soft Dollar Guidance: Law And Economics, D. Bruce Johnsen
Cardozo Law Review
After some two years of deliberations, in July 2006 the SEC released its long-awaited Guidance on the scope of the "soft dollar safe harbor." Passed as part of the Securities Acts Amendments in May, 1975, the safe harbor has protected fund advisers and other money managers for over 30 years from criminal actions and civil suits for breach of fiduciary duty when they use client assets to pay more than the lowest available brokerage commissions in exchange for "brokerage and research services." During this time, the SEC has interpreted and reinterpreted the safe harbor's scope, largely owing to the public …
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
The Right To Silence Helps The Innocent: A Response To Critics, Alex Stein
Cardozo Law Review
This Article responds to the numerous critics of Daniel J Seidmann & Alex Stein, The Right to Silence Helps the Innocent: A Game-Theoretic Analysis of the Fifth Amendment Privilege, 114 HARV. L. REV. 430 (2000). Under Seidmann and Stein's theory, the right to silence protects innocents who find themselves unable to corroborate their self-exonerating accounts by verifiable evidence. Absent the right, guilty criminals would pool with innocents by making false self-exonerating statements. Factfinders would consequently discount the probative value of all uncorroborated exculpatory statements, at the expense of those innocents who cannot corroborate their true accounts. The right to …
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Deregulating Guilt: The Information Culture Of The Criminal System, Alexandra Natapoff
Cardozo Law Review
The criminal system has an uneasy relationship with information. On the one hand, the criminal process is centrally defined by stringent evidentiary and information rules and a commitment to public transparency. On the other, largely due to the dominance of plea bargaining, criminal liability is determined by all sorts of unregulated, non-public information that never pass through the quality control of evidentiary, discovery, or other criminal procedure restrictions. The result is a process that generates determinations of liability that are often unmoored from systemic information constraints. This phenomenon is exemplified, and intensified, by the widespread use of criminal informants, or …
Theorizing About Self-Incrimination, Ronald J. Allen
Theorizing About Self-Incrimination, Ronald J. Allen
Cardozo Law Review
No abstract provided.
Introduction: Wherefor The Privilege?, Kate Stith
Introduction: Wherefor The Privilege?, Kate Stith
Cardozo Law Review
No abstract provided.
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie
Cardozo Law Review
No abstract provided.