Comparative and Foreign Law Commons^™

Afghanistan – What’S At Stake: National Security, Human Rights, And The Rule Of Law, Cardozo International & Comparative Law Review

2021 Event Invitations

Panelists will discuss the history of the Afghan legal system and the obstacles to development. Is democracy a prerequisite to a rule of law system? How, if at all, did Afghanistan’s 2004 Constitution change the legal landscape? Panelists will also discuss peacebuilding strategies and whether international law can be used as leverage over the Taliban, which is now in control of the government. If the Taliban thwarts monitoring efforts about suspected human rights violations, what can be done by the international community as a response?

Comparative Limitations On Abortions: The United States Supreme Court V. The European Court Of Human Rights, Sunaya Padmanabhan

Northwestern Journal of Law & Social Policy

This Note compares the balancing tests implemented by the United States Supreme Court and the European Court of Human Rights to determine the legal status of abortion within their jurisdictions. This Note will argue that the Supreme Court’s balancing test better protects a woman’s legal path to an abortion because it A) limits states’ restrictions to specific categories and B) regulates the extent to which states can restrict a woman’s pre-viability abortion.

This Note will also examine the ways in which each court’s abortion jurisprudence substantively restricts a woman’s ability to obtain an abortion, even where legal avenues to the …

This Must Be Our Place: Protectionism And Foreign Investment In Kazakhstan’S Farmland, Kristi Lew

Northwestern Journal of International Law & Business

No abstract provided.

Games Without Frontiers: The Increasing Importance Of Intellectual Property Rights In The People’S Republic Of China, James M. Cooper

Faculty Scholarship

Intellectual property (“IP”) protection in the People's Republic of China has been murky and amorphous. The country is currently enjoying a historic era with significant infrastructure and investment projects occurring as the Chinese consumer society substantially expands. These simultaneous trends require that China commit to the securitization and protection of IP rights to sustain its rapid economic growth.

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 5, Iss. 1

Cardozo International & Comparative Law Review

No abstract provided.

Conflicting Limitation Periods: A Comparison Between Hong Kong And Mainland China, Alan Gibb, King Fung Tsang

Cardozo International & Comparative Law Review

The article examines the conflicting approaches to limitation periods in private international law between Hong Kong and Mainland China. It highlights the complexities arising from Hong Kong's traditional common law approach, which characterizes limitation periods as procedural, and Mainland China's structured approach, which treats them as substantive. The article advocates for legislative reform in Hong Kong to adopt a more modern approach, aligning with international practices and reducing forum shopping and legal uncertainty.

What Is Wrong With Intimate Partner Abuse And Why It's Criminalization Might Not Be Right, Galia Schneebaum

Cardozo International & Comparative Law Review

Considering a contemporary debate between United States ("US') and United Kingdom ("UK') approaches, this article probes the appropriateness of criminalizing non-violent abuse in intimate partner relationships. Criminal lawyers in the US and the UK are divided on prohibiting intimate partner abuse. Whereas US jurisdictions retain a traditionalfocus on physical injury, England and Wales enforce a novel prohibition on "controlling or coercive behavior," covering conduct such as micromanaging intimate partners'schedules or restricting their behaviors through rules. While the US approach has been criticized as conservative, this article questions the progressiveness of the UK approach. It suggests, first, that in prohibiting "controlling …

Striking The Balance Between Contractual Rights And Obligations: Restructured Contract Law In The Newly Enacted Chinese Civil Code, Mo Zhang

Cardozo International & Comparative Law Review

Contract legislation in China experienced a significant change as a result of the Civil Code's enactment in 2020. With a focus on civil rights and private interests, contract law and other areas of law are expected to help promote the development of a rights-based society under the Civil Code-a much wanted shift from the traditionally obligation-based society. In this context, the Civil Code is hailed in China as a milestone in the country's legal landscape.

The Civil Code consolidated the 1999 Contract Law with judicial practices and restructured the legal framework governing contracts by modifying or adding provisions aimed at …

Transforming Affirmative Action Jurisprudence: Applying Eidelson's Theory On The Supreme Court Of India, Sawinder Singh

Cardozo International & Comparative Law Review

This paper compares the affirmative action jurisprudence developed by the Indian Supreme Court with United States affirmative action jurisprudence in the context of the philosophy of equality developed by Harvard Law School Professor Benjamin Eidelson. It evaluates the potential of Eidelson's claim that if the U.S. Supreme Court accepts his philosophy, it may incrementally allow the Court to adopt a more favorable attitude towards the affirmative action policies. The question raised here is whether Eidelson's approach can provide a constitutionalfoundation capable of giving us a consistently benevolent interpretation of affirmative action policies, as he hoped. This article concludes that, at …

Climate Reparations: Moral, Historical, And Legal Justifications For United States Reparations Payments To Female Population Groups In Developing Countries, Kate Belsito

Cardozo International & Comparative Law Review

The note advocates for a community-based reparations program targeting women in rural, developing countries most affected by climate change. It asserts that the United States, as a major historical emitter of greenhouse gases, bears significant responsibility for these harms and has failed to meet its international treaty obligations. The proposed program would address past injustices while promoting future adaptation, emphasizing moral accountability and systemic change.

The Right To Dine: Why New York City's Restaurant Culture Is Worth Saving, Evelyn Baert

Cardozo International & Comparative Law Review

The note argues that New York City's restaurant culture, akin to Paris's, holds significant cultural and economic value and should be preserved through comprehensive government relief measures. It advocates for adopting a French-inspired approach to economic aid, emphasizing the importance of restaurants as social and cultural hubs beyond mere economic entities.

Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner

Cardozo International & Comparative Law Review

The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.

Hamiltonian Shifts In State Aid And The Coming Breakdown Of The Internal Market: Can The European Union Survive Its Covid-19 Response?, Richard Dacher

Cardozo International & Comparative Law Review

This Note analyzes the consequences of the COVID-19 pandemic to the legal structure of the EU and its path forward. The EU's and the member states' actions to combat the pandemic have brought the political and economic union to the precipice of a breakdown of the Internal Market. Fiscal policies mirroring those of the United States will likely rise in its place. Recent tax court decisions, acquiescence to federal debt-sharing schemes, and deregulated state aid policies highlight the federalization of the EU as a unified economic structure, and also foreshadow its diminished influence over the member states' state aid policies. …

Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, James R. May

Scholarly Works

The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …

Incentivizing Fair Housing, Stewart E. Sterk

Articles

Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have contributed to high housing costs that place a strain on the entire economy.

Fair Housing Act litigation has been one weapon in the fight against these practices. Despite the Supreme Court's decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. , disparate impact litigation faces significant obstacles that …

Pro Kontra Terhadap Prosedur Dan Substansiomnibus Law Rancangan Undang-Undang Cipta Kerja, Bambang Sadono, Lintang Ratri Rahmiaji

Jurnal Hukum & Pembangunan

There are at least two main issues concerning the pros and cons of this omnibus law. First is the posedural issue in the process of making laws. Omnibus law should not be solely to support economic growth and facilitate investment. At thesame time other issues must be considered, for example human rights. So that the omnibus law is not merely a technical problem of legal drafting, but is also part of the implementation of the countrys legal politics. This study uses a literature reviewanalysis method. The results of the deepening of the literatureexplain that the reasons for urgent needs, and …

Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif, Suyogi Imam Fauzi

Jurnal Hukum & Pembangunan

The granting of clemency, amnesty and abolition is a prerogative rights owned by the president based on Article 14 of the 1945 Constitution of the of Indonesia (UUD 1945). The long proses of implementing thegranting of clemency, amnesty and abolition after independence to the post-amendment of the UUD 1945 produce a lesson forIndonesia regarding the law shall be correspond in treating prisoners rights properly in accordance with Human Rights. There is a differences regarding the way of granting clemency which is more dynamically developing beside amnesty and abolition is still at a sustain of stagnation even after the amendment UUD …

Politik Hukum Rancangan Undang-Undang Cipta Kerja Disektor Lingkungan Hidup Dan Kehutanan (Suatu Telaah Kritis), Wahyu Nugroho, Erwin Syahruddin

Jurnal Hukum & Pembangunan

Draft Law on Cipta Kerja using the omnibus law method in the environment and forestry sector needs to be tested in the current constitutionalism of the environment. In this article, the author will focus on environmental and forestry issues in the content of the Draft Law on CiptaKerja with the formulation of the problem, how is the critical review of the material contained in the Draft Law on Cipta Kerja inthe environment and forestry sector? and what are the implications of the material content regulated in the DraftLaw on Cipta Kerja in the environment and forestry sector?The results of his …

Rekonstruksi Relasi Antar Lembaga Legislasi Di Indonesia, Sutan Sorik

Jurnal Hukum & Pembangunan

This study discusses the reconstruction of relations between legislative institutions in Indonesia. This study aims to find the ideal relations of the Regional Representative Council(DPD), the House of Representatives (DPR), and the President in the formation of laws in Indonesia, as an effort to produce laws that have efficacy and usefulness. The type of research used in this study is normative juridical research. From the analysis found that the authority of the DPD is constitutionally only optional and has no imperative power, which then has implications for the relations between the DPD and the DPR and the President in shaping …

Analisis Yuridis Kedudukan Narapidana Sebagai Justice Collaborator, Bambang Sugiri, Nurini Aprilianda, Hanif Hartadi

Jurnal Hukum & Pembangunan

This article aims to examine the inmates position as a justice collaborator in the disclosure of organized crime that can assist law enforcement officers. This is againstthe backdrop of crown witnesses who are often used in proving criminal cases but are judged to be in violation of human rights. The difficulty of disclosure of organized crime is that the perpetrators involved in organized crime are bound by the oath of silence (omerta). Information from inmates related to crime networks he has committed, facilitates the disclosure of organized crime by law enforcement officers. This paper is based on the results of …