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Articles 31 - 60 of 128
Full-Text Articles in Military, War, and Peace
Racial Equality And Inequality In America And Lessons From Other Countries, William Y. Chin
Racial Equality And Inequality In America And Lessons From Other Countries, William Y. Chin
Cardozo Journal of Equal Rights & Social Justice
America, a mighty global hegemon supreme in military matters, regards itself as second to none, and where it leads, it expects other countries to follow. But on matters of race, America could follow the examples of countries that have taken the lead in experimenting with racial equality efforts and initiatives. From Brazil's "redemption through reading" prison program to the High Court of Australia's return of land to indigenous inhabitants, much could be learned from the lessons of other countries. That there is still much to learn about racial equality is evident from the police killing of George Floyd, a Black …
Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber
Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber
Testimony
Professor Rebecca Ingber testified at a U.S. House Committee on Rules hearing on March 23, 2021, titled "Article I: Reforming the War Powers Resolution for the 21st Century."
Legally Sliding Into War, Rebecca Ingber
Legally Sliding Into War, Rebecca Ingber
Online Publications
Here we are again. Another presidential administration, another airstrike against another organized armed group against whom Congress has never authorized force, justified by self-defense, officially said to be necessary in light of some unstated, unspecified future threat.
A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper
A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper
Cardozo Journal of Conflict Resolution
In 2015, John Tschol, the owner of a small advising business in Bloomington, Minnesota, thought that he had a wonderful work life. His business was successful-enough to make a modest profit-and his employees were loyal, hard workers, who had been with him for years. Then he found out that his bookkeeper, Laura Scholz, had been embezzling funds, stealing more than $317,000 over two years.
Recovering The Race Analogy In Lgbtq Religious Exemption Cases, Kyle C. Velte
Recovering The Race Analogy In Lgbtq Religious Exemption Cases, Kyle C. Velte
Cardozo Law Review
No abstract provided.
Fintech: New Battle Lines In The Patent Wars?, Megan M. La Belle, Heidi Mandanis Schooner
Fintech: New Battle Lines In The Patent Wars?, Megan M. La Belle, Heidi Mandanis Schooner
Cardozo Law Review
Historically, financial institutions have relied on trade secrets and first-mover advantages, rather than patents, to protect their inventions. For the few financial patents that were issued, conventional wisdom was that they weren’t terribly interesting or important. In our 2014 study on financial patents, we showed that banks were breaking from past patterns and increasingly seeking patent protection. We explained that financial institutions were primarily building their patent portfolios as a defensive measure—i.e., to protect themselves from infringement suits. Indeed, the finance industry successfully lobbied Congress to include provisions in the America Invents Act of 2011 that made it easier to …
Preparing The Public For A Contested Election, Deborah Pearlstein
Preparing The Public For A Contested Election, Deborah Pearlstein
Online Publications
While perhaps once thought too far-fetched to discuss out loud in serious company, concerns that Donald Trump will refuse to leave office even if he loses the November election have gained increasing mainstream attention in recent months. Indeed, it would be foolish to assume that such a possibility is out of the question. The president has spent the past four years making clear his desire to remain more than two terms in office, and has worked especially diligently of late to lay the rhetorical groundwork for declaring the results of the federal election – particularly one reliant on absentee voting …
Human Rights In Indefinite Occupation: Palestine, Sari Bashi
Human Rights In Indefinite Occupation: Palestine, Sari Bashi
Cardozo International & Comparative Law Review
The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the …
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
The New York Prosecutorial Conduct Commission And The Dawn Of A New Era Of Reform For Prosecutors, Clyde Rastetter
Cardozo Law Review de•novo
This Note discusses the history of the national dialogue regarding prosecutorial misconduct, analyzes recent state reforms, and proposes that New York's standing Brady orders and prosecutorial conduct commission provide the blueprint for ushering in a new era of prosecutorial accountability.
Employers Should Owe A Duty Of Loyalty To Their Workers, Andrew Melzer, David Tracey
Employers Should Owe A Duty Of Loyalty To Their Workers, Andrew Melzer, David Tracey
Cardozo Law Review de•novo
An employee’s overarching legal commitment to his or her employer is commonly known as the “duty of loyalty.” This lopsided duty of loyalty exacerbates the inordinate power that employers possess over their workers. We propose that the duty of loyalty owed by workers to their employers be made reciprocal: employers should also owe a general duty of loyalty and care towards their employees.
The “National Security” Of Nations: President Trump’S Pretextual Tariff Rationale And How To Overcome It, Jacob Ely
Cardozo International & Comparative Law Review
The note argues that President Trump's use of Section 232 of the Trade Expansion Act to impose tariffs on steel, aluminum, and automobiles under the pretext of national security constitutes an abuse of executive power. It contends that this action undermines the constitutional authority of Congress to regulate trade and tariffs, raising significant concerns about the separation of powers and the potential for future presidential overreach. The note advocates for legislative reforms to reclaim congressional oversight and ensure that national security justifications for tariffs are genuine and narrowly defined.
The Eu-U.S. Privacy Shield: An Uncertain Future, Catherine Read
The Eu-U.S. Privacy Shield: An Uncertain Future, Catherine Read
Cardozo International & Comparative Law Review
The note examines the challenges facing the EU-U.S. Privacy Shield due to the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) and the U.S. government's uneven implementation of Privacy Shield recommendations. It argues that without reforms, such as incorporating Presidential Policy Directive-28 (PPD-28) protections into Section 702, maintaining a fully staffed Privacy and Civil Liberties Oversight Board (PCLOB), and enforcing stricter compliance measures, the future of the Privacy Shield and transatlantic data flows remains uncertain.
Rethinking The Law And Ethics Of Undercover Warfare, Raphael Bitton
Rethinking The Law And Ethics Of Undercover Warfare, Raphael Bitton
Cardozo International & Comparative Law Review
This paper offers a new ethical and legalframework for undercover warfare. It begins by criticizing the traditional reasoning for the duty to wear unform. It demonstrates the insufficiency of the principle of 'distinction'. which dominates current discourse. It argues, instead, that the rationale for the duty to wear unforms is based on a new principle in international law that this paper advocates: the principle of accountability. The active form of global accountability requires some degree of states' transparency about their military activity. This allows other states to respond by exercising passive form of accountability and punish violations of international law. …
The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland
The Responsibility To Protect As Applied To Asylum Seekers In The United States, Luke Doyle Galland
Cardozo International & Comparative Law Review
No abstract provided.
International Advocate For Peace Award Acceptance Speech, James Paul Mccartney
International Advocate For Peace Award Acceptance Speech, James Paul Mccartney
Cardozo Journal of Conflict Resolution
On May 28, 2019, the Cardozo Journal of Conflict Resolution presented the Nineteenth Annual International Advocate for Peace Award to Sir James Paul McCartney at Cardozo Law School's forty-first Commencement Ceremony. What follows is a transcription of the award ceremony, including Sir McCartney's acceptance speech.
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
Cardozo International & Comparative Law Review
No abstract provided.
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham
The Blood Antiquities Convention As A Paradigm For Cultural Property Crime Reduction, Derek Fincham
Cardozo Arts & Entertainment Law Journal
In 2017, the Council of Europe opened for signature the first ever international treaty aimed at policing cultural property. As more attention has been paid to the damage done by the theft, looting, and illicit trafficking of cultural objects, the Council of Europe has met this challenge with an ambitious convention, which aims to fill gaps in the current criminal laws. These gaps have too often been exploited by individuals in the illicit antiquities trade. The author had an opportunity to present his analysis of a draft version of the Council of Europe's Convention at a meeting held in Lucca, …
Armed Conflict At The Threshold, Deborah Pearlstein
Armed Conflict At The Threshold, Deborah Pearlstein
Articles
Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Cardozo International & Comparative Law Review
The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine
Guantanamo Bay - Why Would The United States Ever Actually Prosecute?, Benjamin Wine
Cardozo International & Comparative Law Review
The note examines the legal and ethical dilemmas surrounding the detention of individuals at Guantanamo Bay, focusing on the U.S. government's reluctance to prosecute many detainees despite their prolonged detention. It argues that the indefinite detention, often without formal charges, and the use of controversial interrogation methods violate both domestic and international laws. The analysis highlights the lack of recognition of Guantanamo Bay as a competent tribunal by other nations and explores potential solutions to address these issues.
The Test Case For Presidential War Power: North Korea And Trump, Deborah Pearlstein
The Test Case For Presidential War Power: North Korea And Trump, Deborah Pearlstein
Online Publications
My friend Marty Lederman has a characteristically useful post up about one of many important legal questions surrounding options in the current stand-off between the United States and North Korea. As he puts it: “Would it be lawful under the U.S. Constitution for Trump to use force, including nuclear weapons, as a ‘first strike’ against North Korea, in an effort to degrade that nation’s nuclear capabilities, absent evidence that Korea has already decided to strike the United States and is going to do so with no time for legislative deliberation?”
Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler
Prosecuting Islamic State Members For Sexual And Gender-Based Crimes Committed Against Yazidi Women And Girls, Samantha Hechler
Cardozo Journal of International and Comparative Law
The note examines the systematic sexual enslavement and gender-based violence perpetrated by ISIS against Yazidi women and girls, emphasizing the legal and jurisdictional challenges in prosecuting these crimes under international law. It argues that while the International Criminal Court (ICC) lacks jurisdiction over Iraq and Syria, alternative mechanisms such as ad hoc tribunals, hybrid courts, or prosecutions in foreign national courts offer feasible pathways to justice for the victims
Fall 2016 Cross-Border Data Privacy Issues, Daniel Goldberger, Nick Akerman, Joanna Levin, David Ray
Fall 2016 Cross-Border Data Privacy Issues, Daniel Goldberger, Nick Akerman, Joanna Levin, David Ray
Cardozo Journal of International and Comparative Law
The symposium examines the challenges and complexities of cross-border data transfers, particularly between the EU and the US, highlighting the stringent data protection regulations in the EU, such as the GDPR, and the lack of a comprehensive federal data protection law in the US. It discusses the impact of these legal frameworks on global businesses and the evolving privacy rights in both regions. The analysis underscores the need for robust compliance mechanisms and international cooperation to address the growing concerns surrounding data privacy and security.
Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser
Early Non-Military Intervention To Prevent Atrocity Crimes, Sarah Lesser
Cardozo Journal of Conflict Resolution
This Note explores the possibility of victim-offender mediation or negotiation as a means of early non-military intervention for atrocity crimes, in situations in which indicators from Risk Factor 7 of the U.N. Framework of Analysis are present, and argues that the international community should turn to such forms of mediation and negotiation more often in order to prevent atrocities. Section II provides a brief history of atrocity prevention, and explores other proposals for early warning and non-military intervention. This section also highlights the shortcomings of existing atrocity prevention models. Section III evaluates situations in which victim-offender mediation and negotiation have …
Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker
Where Sovereign Immunity Ends And Liability Begins: A Functional Restructuring Of The United States Military Tort Compensation Scheme, Jordon Parker
Cardozo Journal of International and Comparative Law
The note critiques the current system of tort claims against the United States, particularly in cases involving the military, arguing that it is overly complex and fails to provide adequate compensation for injured individuals. It proposes replacing the existing tort system with a no-fault compensation scheme, similar to New Zealand’s Accident Compensation Act 2001, to better address the needs of victims.
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Closing Impunity Gaps For The Crime Of Aggression, Jocelyn Getgen Kestenbaum
Articles
As stated at Nuremberg, the crime of aggression is the “supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” International instruments clearly and repeatedly have outlawed initiating wars of aggression and other illegal uses of armed force. States parties recently have defined and codified the crime in the Rome Statute of the International Criminal Court (ICC) and delineated the scope of the ICC’s jurisdiction over aggression. Although the ICC is an important mechanism for accountability and justice, it is not certain when it will be able to adjudicate …
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
Prosecuting The Cia: Does The Computer Fraud And Abuse Act Allow For Liability?, Sam Taterka
Prosecuting The Cia: Does The Computer Fraud And Abuse Act Allow For Liability?, Sam Taterka
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Prosecuting Generals For War Crimes: The Shifting Sands Of Accomplice Liability In International Criminal Law, Mark A. Summers
Cardozo Journal of International and Comparative Law
The article examines the evolving concept of "specific direction" in accomplice liability for war crimes under international law, highlighting the conflicting approaches of the ICTY and ICC. It advocates for the ICC to adopt a clear, intent-based standard to ensure accountability and consistency, avoiding the ambiguities of "specific direction."
Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich
Innovation Worth Sharing: Seeking Balance Between Innovation Policy And National Security, Alexandra H. Katich
Cardozo Journal of International and Comparative Law
The note examines the tension between promoting innovation and safeguarding national security, focusing on the Invention Secrecy Act of 1951. It argues that while the Act is designed to protect sensitive inventions, extending its secrecy powers to economically significant patents would be counterproductive, unconstitutional, and harmful to U.S. competitiveness. The analysis highlights the challenges of balancing economic security, intellectual property rights, and the constitutional mandate to promote scientific progress.