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Articles 181 - 210 of 218
Full-Text Articles in Jurisdiction
Copyright Without Borders? Choice Of Forum And Choice Of Law For Copyright Infringement In Cyberspace, Jane C. Ginsburg
Copyright Without Borders? Choice Of Forum And Choice Of Law For Copyright Infringement In Cyberspace, Jane C. Ginsburg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Deaccession: Not Such A Dirty Word, Jason R. Goldstein
Deaccession: Not Such A Dirty Word, Jason R. Goldstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
New Global Potentates: Nongovernmental Organizations And The “Unregulated” Marketplace, Peter J. Spiro
New Global Potentates: Nongovernmental Organizations And The “Unregulated” Marketplace, Peter J. Spiro
Cardozo Law Review
The nation-state surely is in decline. As John McGinnis eloquently demonstrates, power has become increasingly difficult to exercise on a territorial basis, in part because individuals no longer require physical protection from foreign invaders (a service the state performed with elan), in part because vastly enhanced capacities for exit expose states to unprecedented regulatory competition. Barring a resurgent security threat-something that takes the world back to the brink, restores the state's importance as defender, and justifies renewed constraints on mobility-the erosion of state control seems irreversible and undeniable. But if not the state, then what? Through Professor McGinnis's lens …
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller
Cardozo Law Review
This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.
Federalism And Liberalism, Mark Tushnet
Federalism And Liberalism, Mark Tushnet
Cardozo Journal of International and Comparative Law
The article explores the role of federalism within the context of John Rawls' political liberalism, arguing that while federal systems are inherently unstable and tend toward centralization, certain institutional designs and a formalist legal culture can slow this drift. Federalism is particularly suited to societies with reinforcing pluralist differences, offering a framework that allows diverse groups to coexist while maintaining stability.
The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell
The Evidentiary Burden In Establishing An Article 3(A) Defense To Extradition In Light Of In Re The Requested Extradition Of James Joseph Smyth, A Case Of First Impression, Leslie A. Firtell
Cardozo Journal of International and Comparative Law
The note examines the Ninth Circuit Court of Appeals' decision in the case of James Joseph Smyth, which centered on the interpretation and application of Article 3a of the Supplementary Extradition Treaty between the US and the UK. The court overturned the lower court's ruling, holding that Smyth failed to meet the evidentiary burden required to establish a defense against extradition under Article 3a. The decision highlights the challenges of proving future mistreatment based on race, religion, nationality, or political opinions, emphasizing the need for individualized evidence rather than systemic concerns.
Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part Two, Peter Krug
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews
Cardozo Law Review
Part I of this Note examines the mistake made by the Tenth Circuit in Octagon Gas. It further discusses the related problem inherent in a district court's belief that it is bound by a circuit court's previous Erie decision in light of the recent Winter Panel decision. Part II demonstrates that, despite the doctrine of precedent, district courts are not invariably bound by the diversity decisions of their circuit courts under the modem Erie doctrine, and therefore, should independently determine the state issues before them. Part III returns to Winter Panel and examines how the District Court of Massachusetts …
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Articles
No abstract provided.
Bosnia-Herzegovina: A Case Study Of Anarchy In The Third World, Alex N. Dragnich
Bosnia-Herzegovina: A Case Study Of Anarchy In The Third World, Alex N. Dragnich
Cardozo Journal of International and Comparative Law
The article examines the historical and political roots of the Bosnian conflict within the broader context of Yugoslavia's dissolution. It argues that the West, particularly Germany and Austria, mismanaged the crisis by prematurely recognizing the secession of Slovenia, Croatia, and Bosnia, which exacerbated the conflict. The analysis critiques the international community's failure to consider Serbia's historical and legal claims, as well as its misinterpretation of the conflict as a simple struggle for democracy rather than a complex ethnic and political dispute. The author contends that Western policies ignored Serbian fears rooted in World War II atrocities and the perceived threat …
Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz
Sharing The Spotlight: Equitable Distribution Of The Right Of Publicity, Jonathan L. Kranz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
The Marginal Relevance Of Choice Of Law Theory, Stewart E. Sterk
Articles
The article critiques the current state of choice of law theory, arguing that existing methodologies, such as interest analysis and territorial approaches, fail to provide a coherent framework for judicial decision-making. It contends that these theories are overly rigid and do not account for the practical, fact-driven nature of how judges make choices. The author proposes a new test based on expressive similarity to address the complexities of modern copyright disputes, aiming to distinguish between protected expression and unprotected ideas. This approach seeks to balance the protection of creative works with the need to prevent overprotection, which could streamline litigation …
Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz
Parallel Universes: Nepa Lessons For The New Property, Michael E. Herz
Articles
No abstract provided.
The Values Of Federalism, A. E. Dick Howard
The Values Of Federalism, A. E. Dick Howard
Cardozo Journal of International and Comparative Law
The article explores the values and complexities of federalism, emphasizing its role in balancing unity and diversity, limiting the concentration of power, and fostering democratic governance. It highlights federalism's dual purpose of promoting pluralism and local autonomy while maintaining national cohesion. The analysis draws on the U.S. experience to assess federalism's potential relevance for emerging democracies in Central and Eastern Europe, noting both its benefits and limitations.
Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack
Cardozo Law Review
No abstract provided.
Free Speech And The Cultural Contingency Of Constitutional Categories, Frederick Schauer
Free Speech And The Cultural Contingency Of Constitutional Categories, Frederick Schauer
Cardozo Law Review
No abstract provided.
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
Cardozo Law Review
This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.
Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph
Charles Dickens, International Copyright, And The Discretionary Silence Of Martin Chuzzlewit, Gerhard Joseph
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
Cardozo Law Review
No abstract provided.
Nationwide Service Of Process In State Courts, David Carlebach
Nationwide Service Of Process In State Courts, David Carlebach
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
My Pizza With Ninó, Alex Kozinski
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart
Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart
Cardozo Law Review
No abstract provided.
Federal Jurisdiction To Enforce A Settlement After Vacating A Dismissal Order Under Rule 60(B)(6), Alyson M. Weiss
Federal Jurisdiction To Enforce A Settlement After Vacating A Dismissal Order Under Rule 60(B)(6), Alyson M. Weiss
Cardozo Law Review
No abstract provided.
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam
Articles
No abstract provided.
Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon
Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon
Articles
No abstract provided.
The State Competition Debate In Corporate Law, Roberta Romano
The State Competition Debate In Corporate Law, Roberta Romano
Cardozo Law Review
No abstract provided.
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman
The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman
Cardozo Law Review
No abstract provided.