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Articles 61 - 90 of 152
Full-Text Articles in International Trade Law
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
The Stop Online Piracy Act: The Latest Manifestation Of A Conflict Ripe For Alternative Dispute Resolution, Steven Tremblay
Cardozo Journal of Conflict Resolution
This Note examines how arbitration and mediation can be injected into the online copyright debate to better serve the interests of all parties. First, this Note addresses past litigation models to compare the benefits and costs of using the courts to resolve piracy issues. The history of litigation against mass peer-to-peer file sharers and individual downloaders is an important aspect to this story. Next, this Note describes the current state of copyright laws and how SOPA and PIPA would alter copyright protection against foreign piracy. Copyright holders, predominately represented by the Recording Industry Association of America, and content hosts, such …
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
Cardozo Journal of Conflict Resolution
The scope of this Note is thus two-fold: (1) to delineate the doctrine of anticipatory breach as it is currently under the lex mercatoria; and, (2) to evaluate and argue for its consistency in application by international arbitral tribunals. Section I-A discusses when arbitrators will choose to apply the lex mercatoria as the substantive law of the dispute. Section I-B explains the doctrine of anticipatory repudiation and discusses its inherent ambiguity. Section IC assesses the role of the CISG and the UNIDROIT Principles as a manifestation of the lex mercatoria. Section II-A explores the severability issue and an …
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein
White Paper: A Proposal To Reform U.S. Law And Policy Relating To The International Exchange Of Cultural Property, William G. Pearlstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri
Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri
Cardozo Journal of International and Comparative Law
The note argues that the Convention on International Trade in Endangered Species (CITES) should have accepted CoP16 Proposal 12 at its 2013 meeting, which sought to prohibit future proposals allowing the trade of elephant ivory for nine years. The proposal aligns with CITES' mission to protect endangered species by eliminating incentives for harmful trade practices. While CITES relies on member states to implement conservation measures, the note contends that a trade ban, coupled with additional protections and public education, is essential to prevent further declines in African elephant populations.
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz
Innovation In China: Fragmentation, Structured Uncertainty, And Technology Standards, Michael Murphree, Dan Breznitz
Cardozo Law Review de•novo
This Article discusses the history of China’s attempts to develop indigenous technology standards. A case study is presented on China’s attempts to develop digital optical storage media standards, the failure of which we attribute to fragmentation of production and structured uncertainty in China’s economy. Despite the market failures of China’s domestic standards development efforts, we conclude by highlighting some of the appurtenant benefits they produce for Chinese manufacturers.
Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao
Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao
Cardozo Law Review de•novo
To present a holistic view approachable by both Western and Chinese audience, this Article will first discuss the forces operating against a holistic view of China and explain exactly what it means to employ a holistic view. Then, by emphasizing the historical, international, and developmental contexts, the Article aims to introduce the reader to real examples of a holistic perspective, and in turn, to reframe the discourse around China’s self-driven innovation.
Illuminating Corruption Pathways: Modifying The Fcpa's "Grease Payment" Exception To Galvanize Anti-Corruption Movements In Developing Nations, Ivan Perkins
Cardozo Journal of International and Comparative Law
The article argues that the Foreign Corrupt Practices Act (FCPA) should be modified to require companies to report "grease payments," small bribes intended to expedite routine government actions. This change aims to enhance transparency, align U.S. law with stricter international standards, and combat corruption more effectively. The proposal suggests that mandating disclosure of such payments to the Department of Justice (DOJ), which would then publish the information online, would help activists, journalists, and foreign governments identify and address corruption. While the article acknowledges potential challenges, such as companies circumventing reporting or facing reputational risks, it emphasizes the long-term benefits of …
Is There Blood On Your Hands-Free Device?: Examining Legislative Approaches To The Conflict Minerals Problem In The Democratic Republic Of Congo, Emily Veale
Cardozo Journal of International and Comparative Law
The article argues that Section 1502 of the Dodd-Frank Act, which mandates SEC disclosures for conflict minerals, is insufficient to address the violence and governance issues in the Democratic Republic of the Congo (DRC). It advocates for comprehensive legislation that ties U.S. foreign assistance to specific reforms in the DRC, such as military and governance improvements, to effectively combat the conflict minerals crisis. The SEC’s role in promoting social and foreign policy goals is critiqued, and the article proposes a tiered incentive system to encourage meaningful change in the DRC’s mining sector.
Searching For Internet Freedom In China: A Case Study On Google's China Experience, Jyh-An Lee, Ching-Yi Liu, Weiping Li
Searching For Internet Freedom In China: A Case Study On Google's China Experience, Jyh-An Lee, Ching-Yi Liu, Weiping Li
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Collaborative Innovation And Economic Growth: A Comment On China’S Innovation Policies, Chen Wang, Jon Sallet
Collaborative Innovation And Economic Growth: A Comment On China’S Innovation Policies, Chen Wang, Jon Sallet
Cardozo Law Review de•novo
China has also taken steps to encourage the creation of intellectual property by Chinese companies. This Article will first examine the nature of those policies, then consider their impact on the goal of better innovation in China, as well as the impact on multi-national companies that wish to do business in China. The Article will conclude with suggestions about the best ways to build innovation policy to encourage sustainable relationships between China and multi-national companies.
Taking Interdependence Seriously: The Need For A Reassessment Of The Precautionary Principle In International Trade Law, Markus Wagner
Taking Interdependence Seriously: The Need For A Reassessment Of The Precautionary Principle In International Trade Law, Markus Wagner
Cardozo Journal of International and Comparative Law
The article advocates for a more prominent role of the precautionary principle in international trade law, particularly within the World Trade Organization (WTO) framework. It argues that this principle, which allows for preventive measures to avoid potential harm even in the absence of scientific certainty, is essential for addressing complex, high-risk issues such as climate change and endocrine-disrupting chemicals (EDCs). The article contends that the WTO's current reliance on robust scientific evidence for trade-restrictive measures may not be feasible or sufficient for such challenges, and it explores how the precautionary principle can be integrated into WTO law to balance trade …
Curb Your E-Waste: Why The United States Should Control Its Electronic Waste Exports, Louisa Olds
Curb Your E-Waste: Why The United States Should Control Its Electronic Waste Exports, Louisa Olds
Cardozo Journal of International and Comparative Law
The note addresses the urgent issue of electronic waste (e-waste) management, emphasizing the need for comprehensive national legislation in the United States to regulate e-waste exports, collection, and recycling. Drawing lessons from the European Union's WEEE and RoHS Directives, the analysis advocates for uniform standards, producer responsibility, and strict enforcement to prevent illegal exports and ensure environmentally sound practices. The proposed framework aims to reduce the environmental and health impacts of improper recycling, particularly in developing countries, while promoting sustainable practices and resource conservation.
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine
Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine
Cardozo Arts & Entertainment Law Journal
The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …
Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman
Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Stealing Bacardi's Thunder: Why The Patent And Trademark Office Should Stop Registering Stolen Trademarks Now, Sarah L. Farhadian
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers
Possible Solutions To The Guitar Tablature Problem: Why An International Approach May Be Best For All, Lauren Myers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill
Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Much Needed Reform In The Realm Of Public Morals: A Proposed Addition To The Gatt Article Xx(A) "Public Morals" Framework, Resulting From China-Audiovisual, Tyler M. Smith
Cardozo Journal of International and Comparative Law
The note examines the tension between free trade and moral considerations under the GATT and GATS frameworks, focusing on the public morals exceptions in Article XXa of the GATT and Article XIVa of the GATS. It critiques the WTO's current two-tiered jurisprudential framework, particularly the provisional justification standard, for insufficiently addressing the balance between trade restrictions and moral protections. The author proposes a more robust analytical framework requiring states invoking public morals exceptions to demonstrate substantial domestic legislative and executive efforts to protect those morals, ensuring such measures are not mere pretexts for protectionism. This approach aims to foster predictability, …
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil
Cardozo Journal of Conflict Resolution
As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral …
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney
Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach, Cortelyou C. Kenney
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Gender-Classified Imports: Equal Protection Violations In The Harmonized Tariff Schedule Of The United States, Jason Lewis
Cardozo Journal of Equal Rights & Social Justice
The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein
What Role For “Women,” “Men,” And Transpeople/Intersex People In Gender Equality: A Commentary, Edward D. Stein
Articles
This has been a very rich opening panel to what promises to be a terrific conference. The panelists' comments go in such varied directions that it is a challenge to be both a commentator and summarizer, especially when I have just a few minutes to speak. What I plan to do is say a little bit to draw together some of the themes that the panelists have been talking about that are connected to a couple of topics I have been working on while at the same time trying to look forward to some of the things I hope we …
Harmonization Of International Legal Structure For Fostering Professional Services: Lessons From Early U.S. Federal-State Relations, Amar Gupta, Deth Sao
Harmonization Of International Legal Structure For Fostering Professional Services: Lessons From Early U.S. Federal-State Relations, Amar Gupta, Deth Sao
Cardozo Journal of International and Comparative Law
In the current global marketplace, liberalization of trade in professional services (services) presents both big challenges and profitable opportunities for the international community. Changes in technology and state-privatization polices over the past half century have made services the fastest growing sector in international trade. Despite such a transformation, the potential for further innovation and expansion in services industries is in jeopardy. In response to public-policy initiatives, regulatory concerns, and political pressures to protect domestic jobs and industries, states have adopted a plethora of discriminatory and restrictive policies against trade in services. Because existing international legal mechanisms are ill-equipped to resolve …
Pro-Competitive Or Protective? The Chinese Anti-Monopoly Law, Implications For The United States, And Bilateral Antitrust Cooperation As An Effective Response, Benjamin Ryberg
Cardozo Journal of International and Comparative Law
The note examines the Anti-Monopoly Law (AML) of the People's Republic of China, highlighting its structure, enforcement mechanisms, and potential implications for international trade and competition. It compares the AML with the U.S. Sherman Act, noting similarities and differences, particularly in market share thresholds and exemptions. The analysis also explores the potential benefits and challenges of a bilateral antitrust cooperation agreement between the U.S. and China, emphasizing the role of positive comity in fostering fair competition and addressing anticompetitive practices. The note raises concerns about the AML's broad provisions and the risk of protectionism, while suggesting that such an agreement …
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik
Mrs. Tschetschot's Busted Hand, Poker, And Taxes: The Inconsistent Application Of Tax Laws On A Game Of Skill, George Remennik
Cardozo Public Law, Policy & Ethics Journal
The article argues that the U.S. tax system unfairly treats professional poker players by restricting the deduction of gambling losses under Section 165d, despite poker being increasingly recognized as a game of skill. This disparity contrasts with the treatment of other professions, which can fully deduct business expenses. The analysis calls for legislative clarification to align the tax treatment of professional poker players with that of other professionals, ensuring equitable tax outcomes.
Class Actions In The European Union?: Importing Lessons Learned From The United States' Experience Into European Community Competition Law, Tiffany Chieu
Cardozo Journal of International and Comparative Law
The note argues that the European Union (EU) needs to establish an effective collective redress mechanism to address the challenges faced by victims of anticompetitive practices, who currently struggle to obtain adequate compensation. While the European Commission has proposed opt-in collective redress and representative actions, the note contends that an opt-out mechanism, akin to the U.S. class action system, would better deter wrongdoing and enhance compensation without fostering excessive litigation. The EU can draw lessons from the U.S. experience but must tailor its approach to avoid the pitfalls of a litigious culture.
The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao
The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Transcending Cultural Nationalist And Internationalist Tendencies: The Case For Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff
Transcending Cultural Nationalist And Internationalist Tendencies: The Case For Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff
Cardozo Journal of Conflict Resolution
This Note will proffer a critical evaluation of the Italian government's current tactics for reclaiming its patrimony and argue that MBRAs are the most desired framework for resolving repatriation disputes, as they give rise to lasting collaborative relationships between source nations and cultural institutions and strive to keep valued works in the "public trust" without diminishing traditionally insular cultural identities. Thus, successful negotiations must account for competing interests including, inter alia: (i) the emotional currency of the object as assessed from the perspective of the source nation; (ii) the institution's desire to keep disputed works within the public sphere; (iii) …
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu
The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith
Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith
Cardozo Journal of International and Comparative Law
The article argues that water is not a "product" under the General Agreement on Tariffs and Trade (GATT) due to the widespread and consistent assertion of public ownership over water resources through municipal and international law, which precludes its treatment as a tradable commodity under GATT. This "public-ownership consensus" implies that water resources remain under state control, and GATT's trade disciplines should not apply to water in its natural state.