Masthead - Cardozo International & Comparative Law Review, Vol. 6 (2022-23),
2022
Yeshiva University, Cardozo School of Law
Masthead - Cardozo International & Comparative Law Review, Vol. 6 (2022-23)
Cardozo International & Comparative Law Review
No abstract provided.
Lives In The Balance: Targeting And Civilian Comparative Value,
2022
Yeshiva University, Cardozo School of Law
Lives In The Balance: Targeting And Civilian Comparative Value, Christopher F. Melling
Cardozo International & Comparative Law Review
When United States commanders want to attack lawful targets, they must decide if the attack is proportional under the Law of Armed Conflict ("LOAC'). The attack cannot cause excessive harm to civilians compared to the strike's military benefit. To help commanders decide if the strike is proportional, intelligence analysts forecast the number of men, women, and children who may be injured or killed as collateral damage. Yet because civilians are not equal for the purpose of targeting, commanders have no viable standard for evaluating the limited, homogenous data they receive on civilians. Commanders should have more information to help them …
Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom,
2022
William & Mary Law School
Segmented Innovation In The Legalization Of Mitochondrial Transfer: Lessons From Australia And The United Kingdom, Myrisha S. Lewis
Faculty Publications
The U.S. is often characterized as a leader in innovation—a home of Nobel Prize‐winning scientists, innovators, and abundant research funding. Yet, in the area of assisted reproduction combined with genetic modification or substitution, what I call “reproductive genetic innovation,” that characterization begins to wane. This Article focuses on the regulation of mitochondrial transfer, a subset of reproductive genetic innovation. While human clinical trials related to mitochondrial transfer go forward in the U.K., the clinical use of the technique remains illegal in the U.S. due to a system of subterranean regulation by the U.S. Food and Drug Administration and a now-recurring …
The Corporate Forum,
2022
University of Missouri - Kansas City, School of Law
The Corporate Forum, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
In this response to Professor Jill Fisch’s article "GameStop and the Reemergence of the Retail Investor," we focus on one of the risks associated with the growth of retail investing that Fisch surveys, uncontrolled information sourcing. Drawing on our work on retail investors, we revisit an instrument dear to the U.S. Securities and Exchange Commission, whose potential has not been unleashed so far, the corporate forum. Our response succinctly discusses the main mechanics of the corporate forum, the benefits the corporate forum could provide, and the feasibility hurdles that might undermine the success of corporate forums.
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 6, Iss. 1,
2022
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 6, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
The Debate Surrounding The Company Purpose In The Post-Pandemic Age,
2022
IE Law School, Madrid
The Debate Surrounding The Company Purpose In The Post-Pandemic Age, Leon Anidjar
Cardozo International & Comparative Law Review
The recent COVID-19 pandemic crisis produced many creative responses to confront its adverse results. Many companies worldwide were required to adopt innovative thinking by altering their business activities and revising their entire supply chain by attracting different types of resources delivered by various stakeholders. This Article explores the implications of this fundamental change on central theoretical assumptions of corporate governance. It articulates a new stakeholders-resources theory that explores governance norms as part of the firm's quest for inputs required to generate a competitive advantage. It applies this analytical framework in the debate on corporate purpose. This Article argues that companies …
The Law And Finance Of Infrastructure Investment,
2022
Meiji University
The Law And Finance Of Infrastructure Investment, Daisuke Asaoka
Cardozo International & Comparative Law Review
Institutional design facilitates the investment of private capital in infrastructure. The Article deals with concessions, which have been a major format for infrastructure privatization in Japan since their legislation in 2011. It argues that the Japanese government, faced with mounting public debt, walks a thin line between attracting private capital and securing public interest in infrastructure under private operation. By comparing concessions with stock sales, the mainstream form of privatization until the legislation, the Article shows that while concessions have advantages in terms of economics and public interest control, they may hinder the strategic growth of private enterprises by limiting …
Natural Resource Governance In Qing China: Lineage Institutions And The Making Of Common Property Regimes,
2022
Harvard Law School
Natural Resource Governance In Qing China: Lineage Institutions And The Making Of Common Property Regimes, Jason Jia-Xi Wu
Cardozo International & Comparative Law Review
Historically, common property is one of the dominant forms of ownership through which natural resources-e.g., forests, pastures, and fisheries-are managed. However, their decline across societies due to marketization and privatization has prompted intense debates. This Article seeks to answer the following questions: (1) Why did some common property regimes dissipate quickly, while others resisted the forces of privatization for generations? (2) What explains the divergent trajectories that societies took in governing common resources? Building on the classic Coasean and Demsetzian law-andeconomics principles, this Article highlights two additional dimensions-institutional capacity and social embeddedness of propertyto explain how "hidden" social costs impacted …
Sanctions, Financial Regulation, And Crypto In Latin America,
2022
Benjamin N. Cardozo School of Law
Sanctions, Financial Regulation, And Crypto In Latin America, Camilla Oliva
Cardozo International & Comparative Law Review
The note examines the intersection of corruption, financial regulation, and cryptocurrency in Latin America, arguing that U.S. sanctions and the lack of effective financial regulation have inadvertently enabled corruption in the region. It explores how cryptocurrencies, while offering potential solutions to financial instability, are also exploited by corrupt actors and governments to circumvent sanctions and regulatory frameworks. The analysis highlights the dual role of cryptocurrencies as both a tool for financial inclusion and a means of evading accountability, particularly in countries like Venezuela and El Salvador.
Prohibiting Slavery & The Slave Trade,
2022
Benjamin N. Cardozo School of Law
Prohibiting Slavery & The Slave Trade, Jocelyn Getgen Kestenbaum
Articles
Slavery and the slave trade stubbornly persist in our time, but they receive insufficient attention in international human rights law. Even when courts adjudicate slavery violations, they often fail to characterize slave trade conduct that nearly always precedes slavery. Courts also characterize acts that meet the definition of slavery or the slave trade only as other human rights harms, such as forced labor or human trafficking. This failure to accurately characterize violations also as slavery and the slave trade perpetuates impunity and denies victims full expressive justice. This Article argues for reviving international human rights law’s prohibitions of slavery and …
A Comparative Look At The Response To Organized Crime In The Ports Of New York-New Jersey And Vancouver,
2022
Benjamin N. Cardozo School of Law
A Comparative Look At The Response To Organized Crime In The Ports Of New York-New Jersey And Vancouver, Julia Pjevach
Cardozo International & Comparative Law Review
The note examines the influence of organized crime in ports, focusing on the Port of New York/New Jersey and the Port of Vancouver. It highlights the effectiveness of the Waterfront Commission of New York Harbor in reducing crime through centralized regulation and contrasts it with Vancouver's decentralized approach, which lacks a unified policing mechanism. The analysis underscores the need for stronger regulatory measures and adaptive strategies to combat evolving criminal activities in both ports.
Solitary Confinement: What The United States Can Learn From England And Norway,
2022
Benjamin N. Cardozo School of Law
Solitary Confinement: What The United States Can Learn From England And Norway, Markus Wieshofer
Cardozo International & Comparative Law Review
The note argues that the United States should reform its solitary confinement system by adopting key aspects from England and Norway, such as robust oversight mechanisms and a rehabilitative focus, to address the harsh conditions and negative effects of solitary confinement on inmates.
Legal Perspectives On The Streaming Industry: The United States,
2022
Texas A&M University School of Law
Legal Perspectives On The Streaming Industry: The United States, Irene Calboli
Faculty Scholarship
In the past decade, streaming has become one of the most popular formats of “consuming” entertainment and other content—from music to videos, and concerts, sports, conferences, and other events. In the United States, the majority of consumers subscribe to one or more streaming services today. Popular streaming services include famous platforms such as Spotify, Netflix, Apple Music, or Apple TV, Pandora, YouTube, and more. Beside subscription-based services, several of these platforms offer “freemium,” or ad-paid version of their services, which allow users to access content with advertisements for free. As elaborated in several industry reports and other publications, the rise …
Fighting In The Fields: The Weaponization Of Agriculture & Its Legal Significance,
2022
Southern Methodist University, Dedman School of Law
Fighting In The Fields: The Weaponization Of Agriculture & Its Legal Significance, Shelby Lepley
The International Law Review Association Student Forum
National prosperity depends on agricultural production for life-sustaining food, fiber, and by-products. Due to the inherent importance of the agricultural industry, it is often targeted in conflict to gain leverage against opposing forces. The Russo-Ukraine War provides a prime example of agriculture’s role during conflict, especially considering direct attacks to agricultural infrastructure and the Black Sea Grain Initiative. While this is an on-going conflict with emerging developments, this note will briefly examine the aspects of international humanitarian law and trade law that relate to the weaponization of agriculture. Furthermore, the analysis will evaluate whether there is sufficient legal deterrence to …
The Rise Of Fast Fashion And The Lack Of Protections In The Garment Worker Industry,
2022
Southern Methodist University, Dedman School of Law
The Rise Of Fast Fashion And The Lack Of Protections In The Garment Worker Industry, Sydney Smalling
The International Law Review Association Student Forum
The rise of fast fashion, a term used to characterize inexpensive clothing produced rapidly by mass-market retailers in response to the latest trends, has permeated the modern-day ready-made garment industry. As production times have sped up and prices have gone down, this phenomenon has not only changed the way that consumers shop but also exacerbated unsafe labor practices in some countries. Low wages and long hours, coupled with a lack of regulatory oversight, have subjected workers in this industry to unimaginable working conditions while simultaneously allowing some of the largest fashion retailers to profit off low-cost labor and supply chain …
Rechtsstrukturvergleichung,
2022
Singapore Management University
Rechtsstrukturvergleichung, Corinna Coupette, Dirk Hartung
Research Collection Yong Pung How School Of Law
Rechtsstrukturvergleichung untersucht die Gemeinsamkeiten und Unterschiede zwischen den Strukturen einzelner Rechtssysteme. Theoretisch verwurzelt in Systemtheorie und Komplexitätsforschung, modelliert sie Rechtssysteme als Netzwerke von Dokumenten, Organisationen und Individuen. Rechtsstrukturvergleichung nutzt Methoden der Netzwerkanalyse, um diese Netzwerke zu vermessen, ihre Veränderung über die Zeit zu beobachten und mehrere Rechtssysteme quantitativ zu vergleichen. Sie unterscheidet sich von anderen Ansätzen der Rechtsvergleichung in ihren Annahmen, Methoden und Zielen, indem sie die Abhängigkeiten zwischen den Systembestandteilen abbildet und eher datenwissenschaftliche als ökonometrische Werkzeuge einsetzt. Als neuartige Ergänzung des Methodenrepertoires der Rechtsvergleichung eröffnet die Rechtsstrukturvergleichung zahlreiche Möglichkeiten für weitere Forschung auf der Schnittstelle von Rechtsvergleichung und …
Monarchical Constitutional Guardianship And Legal Metissage In Asia,
2022
Singapore Management University
Monarchical Constitutional Guardianship And Legal Metissage In Asia, De Maartje Visser, Andrew. Harding
Research Collection Yong Pung How School Of Law
This article presents a roadmap for examining the phenomenon of monarchy in Asia, which we conceive as a pluralist institution in a twofold manner. First, many monarchies discharge a wide range of roles and responsibilities ranging from the symbolic to the religious to the legal-political. These varied functions can be usefully captured under the notion of constitutional guardianship, and call for intersectional analysis. Second, it is common for monarchies to have metamorphosed from being purely endogenous institutions to becoming ones embedded in a scheme of limited, constitutional government under the influence of ideas from elsewhere. Monarchies should accordingly be viewed …
Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan,
2022
Postgraduate Program, University of Nusa Cendana Kupang
Database Floklore Dalam Undang-Undang Tentang Hak Cipta Dan Undang-Undang Tentang Pemajuan Kebudayaan, Lora Sinta Sulistiorini
Jurnal Hukum & Pembangunan
Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, …
Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana,
2022
Faculty of Law, Cirebon Muhammadiyah University
Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman
Jurnal Hukum & Pembangunan
Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …
Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan),
2022
Faculty of Islamic Science, Indonesia Islamic University
Analisis Politik Hukum Islam Berbasis Maqoshid Syari’Ah (Studi Terhadap Konsep Anak Sah Dalam Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan), Asmuni Asmuni, Agus Firman
Jurnal Hukum & Pembangunan
This article aims to use maqashid sharia to analyze the conformity of the rules regarding legitimate children in Article 42 of the Marriage Law (UUP) with sharia principles. At the level of application of the law, it will also be seen whether the regulation is in accordance with the basic principles of maqashid. The results of this study indicate that the provisions of Article 42 UUP which equate the status of children born 'as a result of' and 'in' a legal marriage, are not in accordance with sharia principles. The Office of Religious Affairs (KUA) in determining marriage guardians for …
