Comparative and Foreign Law Commons^™

Mr. Trump's Contribution To Women's Human Rights, Barbara Stark

Hofstra Law Faculty Scholarship

Trump’s presidency is for those who support women’s human rights what Roe v. Wade was for abortion opponents, a “target,” as Justice Ruth Bader Ginsburg characterized Roe, an event that has focused and united people who did not realize how much they had in common. Just as Roe did for the radical right, this presidency has not only unified those concerned with women’s human rights, but galvanized them.

This Article focuses on three major areas of women’s human rights: civil and political rights; the right to be free from sexual harassment; and the right to health. The range of these …

Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno

Faculty Publications & Other Works

Kenya’s form of quasi-federalism termed devolution was introduced under the Constitution of Kenya (2010) (‘2010 Constitution’). This governance system establishes 47 county governments which are constitutionally independent sub-national units with direct election of county level leaders. Given the complexity of devolution’s relationship to national politics, as well as the broad variation in how devolution has unfolded in the 47 counties since 2013, this article argues in favour of a situation-specific assessment of devolution in Kenya. This analysis departs from the emerging scholarly consensus of devolution in Kenya represented in two predominant approaches. One approach contends that devolution in Kenya has …

International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui

Catholic University Journal of Law and Technology

Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible …

Book Review: Legal Scholarship In Japan, Daniel H. Foote

Book Reviews

No abstract provided.

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, …

Local Human Rights Lawyering, Lauren Bartlett

All Faculty Scholarship

International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic and social rights for those living in poverty in the U.S. Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments in U.S. courts. This article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in U.S. courts, and discusses emerging best practices for using human rights in litigation in the U.S.

Competition Law Gone Global: Introducing The Comparative Competition Law And Enforcement Datasets, Anu Bradford, Adam S. Chilton, Chris Megaw, Nathaniel Sokol

Faculty Scholarship

Competition law has proliferated around the world. Due to data limitations, however, there is little systematic information about the substance and enforcement of these laws. In this paper, we address that problem by introducing two new datasets on competition law regimes around the world. First, we introduce the Comparative Competition Law Dataset, which codes competition laws in 130 jurisdictions between 1889 to 2010. Second, we introduce the Comparative Competition Enforcement Dataset, which provides data on competition agencies’ resources and activities in 100 jurisdictions between 1990 and 2010. These datasets offer the most comprehensive picture of competition law yet assembled and …

Review Of South Sudan: A Slow Liberation, Laura Nyantung Beny

Reviews

This is a remarkable book. It offers a complex and nuanced analysis of South Sudan's prolonged and troubled march to political liberation—first from Anglo‐Egyptian colonialism in the nineteenth and twentieth centuries, then from hegemonic Arab rule in post‐independence Sudan [1956‐2011], and now from South Sudan's internal political and economic contradictions.

Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper

Faculty Scholarship

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma was the first elected President of indigenous descent. After leading the changes in the country’s Constitution, Morales continued to rule Bolivia until the writing of this Article. The New Political Constitution of Plurinational State of Bolivia of 2009 and a national law for community justice, signed into law by Morales, …

The Gatekeepers Of Crowdfunding, Andrew A. Schwartz

Publications

Securities crowdfunding is premised on two core policy goals: inclusivity and efficiency. First, crowdfunding is conceived as an inclusive system where all entrepreneurs are given a chance to pitch their idea to the "crowd." Second, crowdfunding is supposed to be an efficient way to channel funds from public investors to promising startup companies. There is a fundamental tension between these two policy goals, however. A totally inclusive system would ensure that platforms list any and every company that wants to participate. But platforms need to curate and select the companies they list in order to establish a reputation as a …

Legal Activism In The Face Of Political Challenges: The Nigerian Case, Jayanth K. Krishnan, Kunle Ajagbe

Articles by Maurer Faculty

Countries that move from authoritarianism to democracy often see increased rights-based, social justice lawyering after the transition. Given the new freedoms and opportunities present, this outcome is hardly surprising. However, relying on a literature and theoretical frame developed over the past two decades, this study argues that, in fact, such lawyering can have its historical roots in the legal activism that occurred during previous authoritarian periods. Consider Africa’s most populous country – Nigeria. Since gaining independence in 1960, Nigeria has witnessed, in total, nearly 30 years of military dictatorship. In 1999, the country adopted a democratic system of government, which …

Regulatory Carrots And Sticks In Climate Policy: Some Political Economic Observations, Jason S. Johnston

Texas A&M Law Review

This Article sets out an informal political economic theory which explains the relative permanence of regulatory carrots—legislative subsidies and mandates for product use—versus the transience of regulatory sticks—traditional costly regulatory requirements. After setting out the elements of this theory, I illustrate it with the dramatic rise in the Obama Administration and abrupt cessation in the Trump Administration of attempts to use conventional U.S. environmental regulatory sticks to end the U.S. coal industry. The Article turns then to describe a concrete example of a regulatory carrot—the U.S. corn ethanol mandate—that has survived despite overwhelming evidence that its environmental benefits, if any, …

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

Mediation Capacity Building With Liberian Diaspora Communities: Some Observations, Maria R. Volpe, Bradley L. Roth

Cardozo Journal of Conflict Resolution

The focus of this article will be on elucidating an initiative that has involved multiple partnerships, sensitivity to cultural differences, local-global interactions, work with diaspora communities, adaptation of mediation training programs, dedicated volunteerism, and concerns about sustainability. Central to all of the activities is an explicit resolve by the mediators involved to understand and appropriately respond to the parties' contexts when providing mediation expertise. John Paul Lederach has referred to this method as a mix of prescriptive and elicitive approaches. In sum, the trainers used their expertise as both mediators and trainers to be conscious of and sensitive to the …

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

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 …

Asteroid Mining: International And National Legal Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction; Asteroid Mining and the Law … 2. The International Legal Context for Asteroid Mining—The Outer Space Treaty … 3. The International Legal Context for Asteroid Mining—The Moon Agreement … 4. Back to the Outer Space Treaty: Interpreting the Nonappropriation Prohibition … 5. Unilateral Action: Title IV, U.S. Commercial Space Launch Competitiveness Act … 6. Concluding Remarks

Asteroid mining is one of the hot topics today not only within the space arena at large but also in the more specific domain of space law, comprising “every legal or regulatory regime having a significant impact, even if implicitly or indirectly, …

Utilizing Adr Between Automakers, The European Union, And The United Kingdom To Avoid Automobile Tariff Increases Arising From Brexit, Nicholas Gliagias

Cardozo Journal of Conflict Resolution

In order to ensure that there are new and stable trade agreements to replace the previous trade agreements, mediation strategies between automakers, the European Union, and the UK should be explored so that new tariffs on cars do not negatively and drastically change the UK's economic landscape after Britain exits from the European Union. In Part II, this Note discusses the pre-Brexit and current tariff situation in the UK as a member of the European Union, explains what mediation is, the methods of mediation, the history of mediation, and the benefits of using mediation. Part III discusses the implications of …

Gender Equality Menace Under Liberia Domestic Relations Law, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

Like most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant …

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

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

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

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.

Understanding The Lagos State Properties Protection Law, 2016, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Land is a crucial component of development. This is more so in a place like Lagos State, Nigeria's economic capital, where there is a far greater demand for the asset than nature bestows. The State has for decades endured a damaging form of criminality widely known as land grabbing. This menace manifests itself in various ways, some of which are outlined in this article. The Lagos State Properties Development Law 2016 (“the Law’ or ‘PPL”) aims to curtail unwholesome and unscrupulous land transactions and practices in the State by prescribing strong criminal sanctions against violators. This paper examines the essence …

In Defense Of Territorial Jurisdiction, Cody Jacobs

Faculty Scholarship

As the story is traditionally told, the minimum contacts test introduced in International Shoe v Washington freed personal jurisdiction from the dark age of territorialism and gave courts the flexibility to expand the scope of personal jurisdiction to keep pace with modern society. While scholars have critiqued the minimum contacts test on a number of grounds, the narrative that the Territorial Model was inherently problematic—and that Shoe was a step in the right direction— has gone largely unchallenged.

This Article challenges that narrative and argues for a return to the Territorial Model. While Shoe is traditionally cast as a step …

2018-19 Executive, Managing And Editorial Boards, Georgia Journal Of International And Comparative Law

GJICL Editorial Boards

No abstract provided.

Environmental Principles In U.S. And Canadian Law, Errol E. Meidinger, Daniel Spitzer, Charles Malcomb

Contributions to Books

Published as Chapter 29 in Principles of Environmental Law, Ludwig Krämer & Emanuela Orlando, eds.

Competition Law Around The World From 1889 To 2010: The Competition Law Index, Anu Bradford, Adam S. Chilton

Faculty Scholarship

Competition laws have become a mainstay of regulation in market economies today. At the same time, past efforts to study the drivers or effects of these laws have been hampered by the lack of systematic measures of these laws across a wide range of years or countries. In this paper, we draw on new data on the evolution of competition laws to create a novel Competition Law Index (the “CLI”) that measures the stringency of competition regulation from 1889 to 2010. We then employ the CLI to examine trends in the intensity of competition regulation over time and across key …

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …

The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède

Scholarly Articles in Law Reviews & Journals

This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …