Comparative and Foreign Law Commons^™

An Examination Of U.S. And U.K. Procedures Governing Sexual Misconduct Investigations In Universities, Marc Siegel

Cardozo International & Comparative Law Review

The note critiques the lack of a unified regulatory framework for addressing sexual misconduct in U.K. universities, contrasting it with the structured, albeit controversial, Title IX system in the U.S. It argues that the U.K.'s voluntary approach has led to inconsistent, unjust outcomes and advocates for the adoption of a comprehensive regulatory regime similar to Title IX to ensure fairness, accountability, and consistency in handling such cases.

Integrating Cultural Property Law Doctrine Into The Nazi-Looted Art Restitution Legal Framework, Julia Vastano

Cardozo International & Comparative Law Review

The note examines the integration of cultural property law principles into the legal frameworks for restitution of Nazi-looted art, focusing on a comparative analysis of Dutch and U.S. policies. It highlights the Netherlands' progressive shift in 2021 toward a more claimant-friendly approach, incorporating cultural property doctrine, and contrasts this with the U.S. system, which remains rooted in personal property law. The note advocates for adopting a similar mixed framework in the U.S. to enhance justice for Holocaust victims' heirs.

The Hague Convention On International Parental Kidnapping: Still The Best Hope For Children?, Katherine Jenkins

Cardozo International & Comparative Law Review

The Hague Convention on the Civil Aspects of International Child Abduction remains the most effective legal mechanism for resolving international parental kidnapping cases, but it requires significant reforms, particularly to address issues related to domestic violence and its impact on victims and children. While the Convention has facilitated the return of thousands of children, its failure to adequately acknowledge and protect domestic violence survivors has led to unintended consequences, undermining its effectiveness and deterring some countries from joining.

Clean Air For All? An Analysis Of Eu Air Pollution Legislation And Health Inequality, Bonnie Nolan

The International Law Review Association Student Forum

Communities around the world face health risks due to air pollution. These health risks can include asthma, cognitive impairment, and even death. But these negative health effects are not equally spread among communities. Studies have established that air pollution affects socially disadvantaged areas more. The correlation between socioeconomic levels and increased risk of environmental harm is referred to as environmental inequality. The World Health Organization has found that environmental health inequality occurs in every European Union (EU) member country. The EU has implemented multiple pieces of legislation to reduce air pollution, including Directive 2008/50/EC, which sets specific air quality that …

Nfts: How Nonfungible Tokens Fit Into Preexisting Regulatory Policies Globally Analysis Of The Legal Implications, Mary Katherine Nix

The International Law Review Association Student Forum

Nonfungible tokens (NFTs) represent the latest and perhaps most controversial form of cryptocurrency. Due to their unique nature and ability to implicate multiple legal rights, it is unclear how NFTs should or can be regulated. The lack of regulatory guidance globally has caused some investors to avoid them at all costs and issuers, advisers, and purchasers of NFTS at risk of litigation. But creating a new regulatory framework for this new form of crypto could take years. As such, countries should mold NFTs into existing cryptocurrency framework.

How Private Enforcement Exacerbates Climate Change, Anna A. Mance

Cardozo Law Review

Private enforcement-the practice of allowing private actors to directly enforce statutes or regulations-has been a fixture of environmental law for the last fifty years. In the absence of comprehensive climate legislation, climate change has been brought under the fold of the environmental regime and its emphasis on private enforcement. Yet climate change presents a distinct global challenge from those harms that the 1970s environmental regime was designed to address. This Article investigates how private enforcement is limiting our ability to respond to the crisis of climate change. The central claim is that private enforcers are using the mantle of environmental …

The Latin American Union? Lessons For Latin America From The European Union And The International Monetary Fund On The Promises, Challenges, And Need For Regional Economic Integration, Jaime Andrés Collazo

The International Law Review Association Student Forum

The concept of a Latin American union has been a long-standing idea, but recent advocacy from the continent's leading political figures for economic and political integration has reignited a debate in the region as to its feasibility and desirability. The impetus behind such advocacy includes bolstering economic connections, enhancing global standing, increasing regional autonomy, and collaboratively addressing modern challenges such as pandemics, climate change, and social inequality. This comment will explore the history of efforts to integrate the region, analyze the promises, challenges, and implications of establishing a common market and a common currency as documented in the creation of …

The Creating Helpful Incentives To Produce Semiconductors (Chips) And Science Act: What It Means For The Unite D States Economy And Its Foreign Relations, Wesley Davis

The International Law Review Association Student Forum

The Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act represents a growing domestic and international policy interest in the production/manufacture and procurement of semiconductors. While the United States has historically led the world in advanced semiconductor development, an astounding majority of advanced semiconductors used in artificial intelligence and supercomputers are now produced abroad, namely Taiwan. As COVID-19 crippled global supply chains and tensions between the People’s Republic of China and the United States have grown, the Biden Administration passed the CHIPS Act to incentivize foreign and domestic semiconductor producers to build factories stateside. While the promise of multimillion …

Pelestarian Ekosistem: Urgensi Pengaturan Sanksi Pemulihan Bagi Spesies Dalam Kejahatan Terhadap Satwa Liar, Britha Mahanani Dian Utami

Jurnal Hukum & Pembangunan

Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems has never been revised while the development of science and technology has influenced a paradigm shift in the protection of biodiversity. The proposal of Commission IV of the House of Representatives to propose a revision of Law Number 5 of 1990 was approved in the Plenary Session as a 2021 Priority Bill. However, in the draft Biodiversity Conservation Bill, recovery is still oriented towards the recovery of the area, while not yet regulating recovery for species that are victims of crime. This paper argues that the regulation …

Efektivitas Pelaksanaan Pemberian Pendidikan Formal Bagi Anak-Anak Pengungsi Luar Negeri Di Kota Batam, Rina Shahriyani Shahrullah, Heru Susetyo, Lu Sudirman, Rendi Sahputra

Jurnal Hukum & Pembangunan

The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: …

Paradigma Model Legislasi Dan Tujuan Penguatan Sistem Presidensial Republik Indonesia, Aldi Yoga Hartama

Jurnal Hukum & Pembangunan

One of the five basic agreements in the constitutional amendment is to strengthen the presidential system. However, the legislative practices that have been running so far tend to move away from the character of legislation in the presidential system itself. This paper tries to suggest the dynamics of the legislative model that runs after the 2002 constitutional amendment. At the same time, it will discuss how the legislative process should be carried out in a presidential system of government and its comparison with the legislative process in a parliamentary system of government.

Kepastian Hukum Penyelesaian Sengketa Dengan Klausula Arbitrase Di Mahkamah Agung, Devianty Fitri, Almaududi Almaududi

Jurnal Hukum & Pembangunan

Settling disputes in court can be a time-consuming and exhausting process. Therefore, the availability of arbitration as an Alternative Dispute Resolution (ADR) is one of the efforts to achieve faster solutions and dispute resolutions. However, in some cases in the Supreme Court, there are disputes that contain arbitration clauses in the agreement, yet they are still submitted to court and decided by the court. This research aims to examine the disappearing in-depth study of legal certainty in dispute resolution with arbitration clauses by analyzing several verdicts. The method used in this study is normative juridical with a legislative and case …

Strategi Burden & Salvage: Formula Yuridik Untuk Terapi Doktrinal, Phobia Pajak Karbon, Herman Bakir

Jurnal Hukum & Pembangunan

This text introduces the burden & salvage doctrine, a formula providing an alternative path to develop a solid lex specialis within the realm of Pigouvian tax. It promotes a type of “juridical therapy” for the Indonesian government to overcome their excessive “fear” of carbon taxes, which had led them to surrender and revoke the program until the end of President Joko Widodo’s tenure Method: Data was gathered online using the World Wide Web’s search features to their fullest potential. Findings: Carbon tax should ideally be established by the legislation of the lex specialis type, characterized by the burden and salvage …

Pandangan John Finnis Mengenai Hukum Yang Tidak Adil, Petrus Ckl Bello

Jurnal Hukum & Pembangunan

Contemporary natural law thinker John Finnis in his book Natural Law and Natural Right published in 1980 differentiates between legal obligations and moral obligations. According to Finnis, legal obligations cannot change, while moral obligations can change, in the sense that when it comes to unjust laws, only the moral obligation to obey the unjust law is extinguished, while the legal obligation to obey the unjust law remains and is binding. For Finnis, natural law theory does not focus on the view that the law is wrong or against moral principles that cannot be called law (lex injusta non est lex), …

Queer Liberation Under International Law, Cardozo Journal Of Equal Rights And Social Justice, Cardozo International & Comparative Law Review, Cardozo Outlaw

2023 Event Invitations

This symposium will equip attendees with an understanding of how global movements, including activists, lawyers, scholars and organizations, navigate and employ international law in pursuit of queer liberation.

Adopting an intersectional feminist framework, this symposium is an acclamation for queer justice everywhere. Introduced by Dean Melanie Leslie, this symposium will explore how international law may subjugate or protect queer populations, how domestic efforts interact with international law and how constitutional laws and international law must evolve for exhaustive social justice.

Always A Suspect: Law Enforcement’S Use Of Location History Data In Criminal Investigations, Aaron A. Bengart

Cardozo International & Comparative Law Review (CICLR) Blog

Imagine taking your dog on a walk around the neighborhood or visiting an ill parent in a nursing home and suddenly being considered a prime suspect in a serious criminal investigation. This has happened to a multitude of people over the past few years as law enforcement has increasingly used Location History data to identify perpetrators of criminal activity in every US state. For example, Zachary McCoy found himself as a suspect in a local home invasion simply for riding his bike past the house at issue multiple times on the day of the invasion. Consequently, Mr. McCoy felt obligated …

Facial Recognition Law: Why Should We Care?, Xueyang Peng

Cardozo International & Comparative Law Review (CICLR) Blog

What if you are a lawyer and you would like to spend an evening enjoying your favorite artist’s concert at the Radio City Music Hall? Or a Knicks game at Madison Square Garden? The first thing you should check is not the ticket price, but rather whether you, or your law firm, has made the MSG blacklist. Even though for years, the owner of MSG has been using the blacklist to exclude its enemies (and their associates) from setting foot in any MSG-owned venue, the facial recognition technology (“FRT”) just brought this practice to a new level.

This post was …

Deterrence, Punishment, Or Retribution: American Criminal Prosecution Of Sayfullo Saipov And Intern, Madeline Epstein

Cardozo International & Comparative Law Review (CICLR) Blog

On Halloween in 2017, Sayfullo Saipov drove a large truck into dozens of people on the cycling and pedestrian pathway near the West Side Highway in Manhattan, causing eight deaths and numerous injuries. Saipov was allegedly acting on behalf of the Islamic State (“ISIS”), and the Southern District of New York charged him with twenty-eight counts, including murder and attempted murder in aid of racketeering and provision of material support to a designated foreign terrorist organization, among other included charges. Saipov, a citizen of Uzbekistan, was found guilty by the American jury on all counts during the guilt phase of …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Firew Ayano

Journal Articles

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

Privacy Enforcement In Action: Eu Regulators And Us Attorneys General Take On Big Tech, Benjamin Wade

Cardozo International & Comparative Law Review (CICLR) Blog

In the twenty first century, it is impossible to avoid using internet capable devices and programs in our everyday lives. As a result, significant amounts of personal data have become more accessible than ever before, putting the privacy of countless people at risk. To protect user privacy, companies providing services must limit the accessibility of personal data and comply with existing data privacy and protection laws. If they fail to do so, regulators and law enforcement agencies must ensure proper compliance.

This post was originally published on the Cardozo International & Comparative Law Review on March 22, 2023. The original …

Duty-Free Shopping: Comparing Tax-Free Travel Restrictions Of The Eu And The United States, Sarah Lerche

Cardozo International & Comparative Law Review (CICLR) Blog

If you have been to an airport, you have likely come across the heavily stocked, halogen lit, mini shopping malls just across from your departing gate. Affixed with the large “Duty-Free” logo, these tempting variety stores lure travelers in with their notorious “tax-free" goods, that “typically offer a distinct assortment of luxury goods-like alcohol, jewelry, and beauty products-to outbound international travelers.” But the question looms, whether these duty-free shops are actually saving customers money, and how countries restrict such purchases throughout international travel. This piece will explore those two questions by comparing the European Union (EU) and the United States …

Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

After Pillar One, Reuven S. Avi-Yonah

Law & Economics Working Papers

Pillar One is unlikely to succeed for three reasons. First, it requires an MTC to be implemented because Amount A requires overriding Articles 5 (Permanent Establishment, PE), 7 (Business Profits) and 9 (Associated Enterprises) of every tax treaty to abolish the PE and Arm’s Length Principle (ALP) limits enshrined therein. But negotiating an MTC is hard, especially when over 100 countries are involved and there are fundamental disagreements among them.

Second, because Pillar One (despite its October 2021 expansion) is still aimed primarily at taxing the US digital giants (Big Tech), it is hard to envisage it being implemented without …

To Drink Or Not To Drink? Canada’S New Guidelines For Alcohol Consumption, Lauren Cutler

Cardozo International & Comparative Law Review (CICLR) Blog

On January 17, 2023, Canadian health officials from the Centre on Substance Abuse and Addiction released new guidelines for alcohol consumption, replacing a previous set from over ten years ago. These guidelines are reflective of “growing evidence, after decades of sometimes conflicting research, that even small amounts of alcohol can have serious health consequences.” In the technical summary, the Centre states that the costs associated with alcohol use in Canada in 2017 were a whopping $16.6 billion. $5.5 billion of that sum was attributable to healthcare costs.

This post was originally published on the Cardozo International & Comparative Law Review …

Should Canada’S Expansion Of Its Medical Assistance In Dying Program Concern Americans?, Tova Wolkenstein

Cardozo International & Comparative Law Review (CICLR) Blog

After suffering from severe chronic back pain and fearing losing his home, 54-year-old Canadian Amir Farsoud applied to Canada’s Medical Assistance in Dying program (MAID) to alleviate the stresses of his life. Farsoud is just one instance of an individual choosing to die with a physician’s help under the new criteria of MAID. As Canada is America’s “neighbor to the North,” the expansion of physician-assisted suicide there might be a canary in the coal mine as to what will happen in the United States, unless there is an active pushback to stop it.

This post was originally published on the …

Force Majeure & Covid-19: A Clause Changed?, Claudia Petcu

DePaul Business & Commercial Law Journal

No abstract provided.

From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel

Articles

No abstract provided.

On The Nexus Between The Strength Of The Separation Of Powers And The Power Of The Judiciary, Rivka Weill

William & Mary Bill of Rights Journal

This Article makes four novel arguments: (1) There is an inverse relationship between the strength of a separation of powers structure and the strength of the judiciary. In a strong separation of powers structure, one should expect a weaker judiciary, and vice versa. This nexus exists empirically, and is supported on normative and strategic grounds. (2) This nexus is manifested through a web of common law doctrines that developed to support a given separation of powers structure and shape the judicial oversight of the political branches. This Article identifies a list of common law doctrines—including standing, justiciability, deference, and judicial …

Arbitration: Who Does It Better?, Emma Pearson

Cardozo International & Comparative Law Review (CICLR) Blog

Arbitration is a form of dispute resolution used as an alternative to litigation. It has become an increasingly common method of dispute resolution in the United States, with over 9,000 cases and 15 billion dollars going to arbitration in 2021. Arbitration is seen as a beneficial alternative to litigation in the United States for a number of reasons. It takes much less time than traditional litigation so parties can expect to have a resolution to their claim much faster. Additionally, it can be much more cost effective than litigation because it does not have the same extensive discovery process as …

Constitutional Equality And Executive Action: A Comparative Perspective To The Comparator Problem, Kenny Chng

Research Collection Yong Pung How School Of Law

A general right to equality is a common feature of written constitutions around the world. Interesting questions arise when one seeks to apply such rights to discrete executive acts. The subject of such acts has necessarily been singled out from a multitude of possibilities for the purposes of the act. To determine whether a differentiation has occurred such that like cases have not been treated alike, to what or whom should this subject be compared? The question of how one selects the proper comparator becomes especially significant when one notes that whether the equal protection guarantee is triggered at all …