Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr.,
2025
Yeshiva University, Cardozo School of Law
Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf
Cardozo International & Comparative Law Review
No abstract provided.
Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study,
2025
Benjamin N. Cardozo School of Law
Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino
Cardozo International & Comparative Law Review
The note examines recognition policies and self-determination frameworks for Indigenous Peoples in the United States, Australia, and Canada, arguing that the U.S. federalist system of tribal recognition offers a potential model for addressing Indigenous rights in other countries, particularly Australia. It emphasizes the importance of international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), in guiding domestic policies and promoting Indigenous sovereignty.
Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment,
2025
Benjamin N. Cardozo School of Law
Scaling 'Reverse Cfius': A Comparative Review Of Outbound Foreign Investment, Hannah Pérez
Cardozo International & Comparative Law Review
The note examines the evolution of U.S. regulations on outbound foreign investments, particularly under Executive Order 14105, known as "Reverse CFIUS," aimed at mitigating national security risks by restricting investments in critical industries in countries like China. It explores the legal, economic, and geopolitical implications of these regulations and compares them with similar measures in the EU, Japan, and Australia, emphasizing the need for international cooperation to effectively address these security concerns.
Artificial Intelligence And Its Exploitation By The Fashion Industry,
2025
Benjamin N. Cardozo School of Law
Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes
Cardozo International & Comparative Law Review
The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.
"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy,
2025
Benjamin N. Cardozo School of Law
"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy, Ellene Ko
Cardozo International & Comparative Law Review
The note examines the rapid growth of transnational commercial surrogacy as a multibillion-dollar industry, driven by assisted reproductive technologies and fertility tourism. It highlights the legal conflicts and challenges arising from the patchwork of international surrogacy regulations, including issues of citizenship, exploitation, and enforcement of cross-border contracts. The analysis advocates for an international convention to establish a clear legal framework for transnational surrogacy, emphasizing the need for shared responsibility between global and national oversight bodies to prevent exploitation and ensure ethical practices.
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes,
2025
Benjamin N. Cardozo School of Law
"A Signature At Gunpoint" - Reframing Forced Sales And Sales Under Duress In Nazi-Looted Art Disputes, Ethan Ashley
Cardozo International & Comparative Law Review
The note advocates for recognizing forced sales of art during the Nazi era as sales under duress and proposes a legal presumption of duress to facilitate restitution for heirs. It suggests amending the Holocaust Expropriated Art Recovery (HEAR) Act of 2016 to include this presumption, shifting the burden of proof to defendants to demonstrate that sales were voluntary. This change aims to address inconsistent court rulings and ensure fairer outcomes for claimants.
Reframing Puerto Rican Advocacy: How The Emerging U.S.-China Rift Can Help Puerto Rico Realize Greater Autonomy,
2025
Benjamin N. Cardozo School of Law
Reframing Puerto Rican Advocacy: How The Emerging U.S.-China Rift Can Help Puerto Rico Realize Greater Autonomy, Michael Angelo Tabrizi
Cardozo International & Comparative Law Review
The note advocates for reframing Puerto Rican decolonization efforts as a foreign policy issue rather than solely a domestic matter, leveraging the U.S.-China rivalry to gain international support and alignment with the United Nations' principles on self-governance.
Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence,
2025
Benjamin N. Cardozo School of Law
Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence, Jillian Fantuzzi
Cardozo International & Comparative Law Review
"Never again" is a power phrase used by survivors, observers, scholars, and descendants of survivors when reflecting on the mass casualties of innocent civilians resulting from government methods, like Nazism, ethnic cleansing, communism, and genocide, to exterminate groups deemed different or less than. Many blame dictatorial regimes for these mass atrocities, making democracy appear as a sound solution due to its attractive system ofchecks and balances. However, where the government agents responsible for mass killings of unarmed civilians remain unchecked by the judiciary, the product is not democracy but "democide." This unchecked power serves as a method of persecution of …
Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights,
2025
Benjamin N. Cardozo School of Law
Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman
Cardozo International & Comparative Law Review
No abstract provided.
A Comparative Approach To Documentation Methods And Avoiding Transfer Pricing Penalties: Is The United States Justified In Its Approach Of Enforcing Penalties Under Section 6662?,
2025
Benjamin N. Cardozo School of Law
A Comparative Approach To Documentation Methods And Avoiding Transfer Pricing Penalties: Is The United States Justified In Its Approach Of Enforcing Penalties Under Section 6662?, Atalya Santos
Cardozo International & Comparative Law Review
No abstract provided.
Belgium’S Implementation Of The Eu Copyright Directive: An Investigation Of The State Of Equitable Remuneration,
2025
Benjamin N. Cardozo School of Law
Belgium’S Implementation Of The Eu Copyright Directive: An Investigation Of The State Of Equitable Remuneration, Soraya Mazarei
Cardozo International & Comparative Law Review
As streaming becomes the dominant means of music consumption around the globe, songwriters have lost out to music publishers in the contracting process. Ultimately, songwriters are making less money than they used to. Some countries have opted to address this growing problem. Various European countries, including Belgium, have made great strides towards levelling the playing field, to the benefit of songwriters. The subject of equitable remuneration (ER) in the music industry is one that garners ever-more attention, particularly as streaming giants like Spotify win an ever-larger proportion of the music market. Thus far, ER regimes have focused largely on featured …
International Arbitration And Conflicts Of Law: Three Hard Questions For Symeon,
2025
University of Georgia Law School
International Arbitration And Conflicts Of Law: Three Hard Questions For Symeon, Peter B. Rutledge
Scholarly Works
The presence of a foreign element in a legal relationship inevitably introduces intricate choice-of-law issues. This postulate holds especially true in the context of international arbitration. Arbitration involves an exceptional degree of procedural freedom (including over the choice of the applicable law) and a distinctive conflict-of-laws regime that may be unbound from a particular national legal system. This article examines several choice-of-law issues arising in the context of international arbitration. In particular, Section I of this article addresses whether the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards, otherwise known as the New York Convention, is selfexecuting …
Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022,
2025
University at Albany, State University of New York
Effects Of Actualized Language Policy On Ukrainian Stability, 1989-2022, Dawn Hersey
Electronic Theses & Dissertations (2024 - present)
This dissertation seeks to generate a new perspective of the complicated relationship between actualized policy and stability through looking at Ukraine’s language policies and stability in a mixed manner approach that includes both primary and secondary sources. Russia justified its irridentist activities through claiming to protect Russian nationals within Ukraine’s borders: language policies within Ukraine appear to be a trigger for Russian antagonism. Neither Russian irridentism nor Ukrainian nationalism are being considered as right or wrong in this dissertation: the intent is to highlight trends, patterns, and perceptions in alignment with Ukrainian language policy. This dissertation does not present a …
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions,
2025
Huth Reynolds LLP
The Federal Maritime Commission’S New Framework For Ocean Carrier Accountability: Analysis Of The Mcs Industries And Oj Commerce Decisions, Heewan Noh, Jie Shi
Cardozo Law Review de•novo
This article examines two 2024 Federal Maritime Commission (FMC or “Commission”) cases that significantly impact the interpretation of ocean carrier accountability under the Shipping Act of 1984: MCS Industries, Inc. v. COSCO Shipping Lines Co. Ltd. and OJ Commerce, LLC v. Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft A/S & Co. KG. This article argues that the FMC, whose mission is to “[e]nsure a competitive and reliable international ocean transportation supply system that supports the U.S. economy and protects the public from unfair and deceptive practices,” continues to make ongoing efforts to clarify and enforce protecting shippers’ rights. These efforts focus particularly on (i) …
Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law,
2025
American University, Washington College of Law
Criminalizing Ecocide: An Opportunity To Embed The Inseparability Of Humans From Nature Into The Law, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
Amid widespread acknowledgment that we live on a planet in peril, the term “ecocide” packs a powerful rhetorical punch. Extant regulatory approaches to environmental protection feel insufficient in the face of the triple threat of climate change, pollution, and biodiversity loss. International criminal prosecution for ecocide, by contrast, promises to meet the moment, and a recent proposal to introduce ecocide into the canon of core international crimes is gaining traction. Assuming the push to criminalize ecocide continues to gain momentum, this Article argues that the primary (and perhaps, sole) benefit that international criminal law can offer in this context is …
Climate Change In The Courts: A 2024 Retrospective,
2025
Columbia Law School, Sabin Center for Climate Change Law
Climate Change In The Courts: A 2024 Retrospective, Maria Antonia Tigre, Margaret Barry
Sabin Center for Climate Change Law
Drawing from the jurisdictions covered in the Sabin Center's United States (U.S.) and Global Climate Litigation databases, this report offers insights into key developments, emerging themes, evolving legal strategies, and the pulse of climate litigation in 2024. The report identifies eight major thematic areas of climate litigation, namely (i) climate change in international and regional courts and tribunals, (ii) constitutional and human rights cases, (iii) GHG emissions in EIAs, (iv) factoring climate impacts and obligations into government decision-making, (v) non-compliance with climate commitments, (vi) climate displacement, (vii) greenwashing and climate-washing cases, and (viii) nuisance and other claims against major emitters.
Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States,
2025
Fordham University School of Law
Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States, Alexandria Touron
Fordham Law Review
In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect …
Constitutional Comparisons And Language,
2025
Singapore Management University
Constitutional Comparisons And Language, De Maartje Visser
Research Collection Yong Pung How School Of Law
Language can be seen as an intuitive challenge for those who embark on comparative constitutional research: its intricate entanglement with law is often overlooked and not engaged with explicitly. This chapter argues that this is a missed opportunity at best, and arguably presents a hazard for the collective quality of the scholarly discourse. It discusses four ways in which language matters when engaging in constitutional comparisons: the problem of literal translation; the problem of legal-conceptual translation; a multilingual discourse that is marked by fragmentation; and expectations in communication with a foreign or international readership. The approach taken is constructive, with …
The "Casserole" Constitution: The South African Constitution And International Law,
2025
New York Law School
The "Casserole" Constitution: The South African Constitution And International Law, Penelope Andrews
Articles & Chapters
No abstract provided.
Trademark Proprietors' "Moral Right" As An Exception To The Doctrine Of Exhaustion Of Rights In Trademarks,
2025
Indian Institute of Management, Ahmedabad
Trademark Proprietors' "Moral Right" As An Exception To The Doctrine Of Exhaustion Of Rights In Trademarks, Sahana Simha, Ram Mohan M P
American University Business Law Review
Trademark law is primarily viewed as a consumer protection law. Proprietary and consumer interests are not always balanced. This is especially the case with the doctrine of exhaustion of rights in trademarks, where the trademark owner loses control over the further distribution of their trademarked product once sold. Existing statutory exceptions to this doctrine allow the proprietor to take action against resellers only when the product has been impaired or changed. The exceptions do not account for harm or damage to the reputation and goodwill associated with a trademark as a ground to override exhaustion. This article analyzes legislative and …
