Comparative and Foreign Law Commons^™

Mediation Capacity Building With Liberian Diaspora Communities: Some Observations, Maria R. Volpe, Bradley L. Roth

Cardozo Journal of Conflict Resolution

The focus of this article will be on elucidating an initiative that has involved multiple partnerships, sensitivity to cultural differences, local-global interactions, work with diaspora communities, adaptation of mediation training programs, dedicated volunteerism, and concerns about sustainability. Central to all of the activities is an explicit resolve by the mediators involved to understand and appropriately respond to the parties' contexts when providing mediation expertise. John Paul Lederach has referred to this method as a mix of prescriptive and elicitive approaches. In sum, the trainers used their expertise as both mediators and trainers to be conscious of and sensitive to the …

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 1, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

Biased Damages Awards: Gender And Race Discrimination In Tort Trials, Goran Dominioni

Cardozo International & Comparative Law Review

Current U.S. tort law incentivizes potential tortfeasors to target members of underprivileged social groups by using gender and race-based statistical tables life expectancy; work-life expectancy and average wage) to award damages. Legal scholars have long criticized this practice from the point of view of distributive justice but supported it on welfarist grounds. Recent research in law and economics has however cast doubts on the efficiency of this practice. On this basis, some propose abandoning it in favor of gender and race neutral tables. In this article, I contribute to this debate by analyzing from a behavioral law and economics perspective …

Asteroid Mining: International And National Legal Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

1. Introduction; Asteroid Mining and the Law … 2. The International Legal Context for Asteroid Mining—The Outer Space Treaty … 3. The International Legal Context for Asteroid Mining—The Moon Agreement … 4. Back to the Outer Space Treaty: Interpreting the Nonappropriation Prohibition … 5. Unilateral Action: Title IV, U.S. Commercial Space Launch Competitiveness Act … 6. Concluding Remarks

Asteroid mining is one of the hot topics today not only within the space arena at large but also in the more specific domain of space law, comprising “every legal or regulatory regime having a significant impact, even if implicitly or indirectly, …

Some Remarks Further To "Outer Space And International Geography: Article Ii And The Shape Of Global Order" By P. J. Blount, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Introduction ... The Key Role of Article II of the Outer Space Treaty ... Article II of the Outer Space Treaty and the Commercialization of Outer Space ... Space Mining: The Need for an Update of the Legal Framework ... Updating the Existing Legal Framework: Some Further Thoughts ... Concluding Remarks

The European Union And Space—Space For Competition?, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

From the inception of European integration, a regime trying to regulate and arrange competition as much as considered necessary for the benefit of society at large has been one of the core elements of the European Union’s legal order. While the European Union has over the past few decades become more and more involved in the European space effort, this has so far hardly given rise to fundamental application of this competition regime to space activities, even if space also in Europe increasingly has become commercialized and privatized. The current paper investigates the reasons and rationale for this special situation, …

Utilizing Adr Between Automakers, The European Union, And The United Kingdom To Avoid Automobile Tariff Increases Arising From Brexit, Nicholas Gliagias

Cardozo Journal of Conflict Resolution

In order to ensure that there are new and stable trade agreements to replace the previous trade agreements, mediation strategies between automakers, the European Union, and the UK should be explored so that new tariffs on cars do not negatively and drastically change the UK's economic landscape after Britain exits from the European Union. In Part II, this Note discusses the pre-Brexit and current tariff situation in the UK as a member of the European Union, explains what mediation is, the methods of mediation, the history of mediation, and the benefits of using mediation. Part III discusses the implications of …

Gender Equality Menace Under Liberia Domestic Relations Law, Yah-Yeplah Dolo-Barbu

Maurer Theses and Dissertations

Like most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant …

Fair Use & Fair Play: Olympic Marketing In The Information Age, Alex Locke

Cardozo International & Comparative Law Review

The note critiques the overreach of intellectual property protections surrounding the Olympics, which have led to hyperlitigation, stifled public engagement, and disproportionately harmed smaller entities while benefiting large corporations. It proposes reforming the Ted Stevens Olympic and Amateur Sports Act by incorporating a fair use framework, modeled after the Copyright Royalty Board, to balance intellectual property enforcement with public participation and transparency. This approach aims to address the challenges posed by ambush marketing and sponsorship protection in the modern media landscape while ensuring equitable opportunities for all stakeholders.

Resolving The Circuit Split Over Consent Based Searches In Shared Living Spaces, Christopher Grimaldi

Cardozo International & Comparative Law Review

The note argues that the police, not citizens, should bear the responsibility of resolving ambiguities in consent to search cases under the Fourth Amendment. It advocates for a solution that aligns with Supreme Court precedent, particularly Rodriguez and Salinas-Cano, to ensure constitutional protections while maintaining efficient law enforcement. The proposed approach emphasizes the importance of police inquiry to clarify authority over jointly used property, balancing individual privacy rights with practical law enforcement needs.

Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado

Cardozo International & Comparative Law Review

The note explores the concept of the right to obscurity as a subset of privacy rights, distinguishing it from the right to be forgotten. It examines how this right is addressed in E.U. and U.S. law, highlighting the E.U.'s robust framework under the GDPR and the more limited, sector-specific protections in the U.S. The analysis emphasizes the importance of balancing individual privacy rights with freedom of expression and the public interest, advocating for a proactive approach to data control rather than retroactive deletion.

The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy

Cardozo International & Comparative Law Review

The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.

A Taxonomy Of Striker Replacements, James J. Brudney

Faculty Scholarship

No abstract provided.

Owning The Right To Open Up Access To Scientific Publications, Lucie Guibault

Articles, Book Chapters, & Popular Press

Whether the researchers themselves, rather than the institution they work for, are at all in a position to implement OA principles actually depends on the initial allocation of rights on their works. Whereas most European Union Member States have legislation that provides that the copyright owner is the natural person who created the work, the copyright laws of a number European countries, including those of the Netherlands and the United Kingdom, establish a presumption, according to which the copyright of works made in the course of employment belongs initially to the employer, which in this case would be the university. …

Understanding The Lagos State Properties Protection Law, 2016, Okanga Ogbu Okanga

Articles, Book Chapters, & Popular Press

Land is a crucial component of development. This is more so in a place like Lagos State, Nigeria's economic capital, where there is a far greater demand for the asset than nature bestows. The State has for decades endured a damaging form of criminality widely known as land grabbing. This menace manifests itself in various ways, some of which are outlined in this article. The Lagos State Properties Development Law 2016 (“the Law’ or ‘PPL”) aims to curtail unwholesome and unscrupulous land transactions and practices in the State by prescribing strong criminal sanctions against violators. This paper examines the essence …

Access To Knowledge And The Global Abortion Policies Database, Joanna Erdman, Brooke Johnson

Articles, Book Chapters, & Popular Press

Research shows that women, healthcare providers, and even policy makers worldwide have limited or inaccurate knowledge of the abortion law and policies in their country. These knowledge gaps sometimes stem from the vague and broad terms of the law, which breed uncertainty and even conflict when unaccompanied by accessible regulation or guidelines. Inconsistency across national law and policy further impedes safe and evidence‐based practice. This lack of transparency creates a crisis of accountability. Those seeking care cannot know their legal entitlements, service providers cannot practice with legal protection, and governments can escape legal responsibility for the adverse effects of their …

Borders And Bits, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

Our personal data is everywhere and anywhere, moving across national borders in ways that defy normal expectations of how things and people travel from Point A to Point B. Yet, whereas data transits the globe without any intrinsic ties to territory, the governments that seek to access or regulate this data operate with territorial-based limits. This Article tackles the inherent tension between how governments and data operate, the jurisdictional conflicts that have emerged, and the power that has been delegated to the multinational corporations that manage our data across borders as a result. It does so through the lens of …

The Vatican View On Sport At The Service Of Humanity, Ed Edmonds

Journal Articles

Participation in sport, particularly the opportunity for children to enjoy and learn through play, is a human right and strongly supported by the goals of Catholic social teaching and the efforts of the Olympic Movement and the United Nations. On October 5-6, 2016, the Vatican held the Sport at the Service of Humanity Conference, the first global conference on sport and faith, an initiative promoted by Pope Francis and supported by the International Olympic Committee and the United Nations. This essay focuses on the conference, its vision and goals, and a challenge to use sport to advance human development and …

Should Securities Regulators Allow Companies Going Public With Dual-Class Shares?, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

In the past years, several companies, such as Google, Linkedin, Facebook, and Alibaba, went public with dual-class share structures, that is, share structures that typically include two classes of ordinary shares carrying unequal voting rights. Those shares with more voting rights (eg, ‘class A’ shares) are usually held by the company´s founders and executives, while the rest of the company´s share capital, formed by stock with regular voting rights (eg, ‘class B’ shares), is generally sold to outside investors.