Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26),
2025
Yeshiva University, Cardozo School of Law
Masthead - Cardozo International & Comparative Law Review, Vol. 9 (2025-26)
Cardozo International & Comparative Law Review
No abstract provided.
Measuring Location-Specific Rents,
2025
Netanya College (Israel)
Measuring Location-Specific Rents, David Elkins
Cardozo International & Comparative Law Review
No abstract provided.
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights,
2025
St. Mary's University
Enforcing International Humanitarian Law Through The Business Responsibility To Respect Human Rights, Tara Van Ho
Cardozo International & Comparative Law Review
Insulation produced by the Danish company Rockwool or its Russian subsidiary lines thirty-one Russian Navy warships. Though not a weapon, this material is essential to the vessels' operation. Did Rockwool have a responsibility under international law to stop the transfer of the insulation to the Russian Navy before Russia's 2022 invasion of Ukraine? This article examines the business responsibilities under the 2011 United Nations Guiding Principles on Business and Human Rights ("UNGPs'). In doing so, the article finds that the business responsibility to respect human rights in the UNGPs provides a strong mechanism for enforcing international humanitarian law ("IHL'). However, …
Information Governance In China: Data, Power, And The Law,
2025
Yale Law School
Information Governance In China: Data, Power, And The Law, Yuping Lin
Cardozo International & Comparative Law Review
Information is central to governance. In China, the State controls information, such as GDP data, to guide policy and shape political narratives. Given the importance of information, relevant parties, such as central and local governments, tend to monopolize its production and dissemination. This monopoly leads to the prolferation of misinformation, which not only undermines the governance but also affects public trust in the State. To address this problem, the first step is to understand the logic behind misinformation generation, followed by identifyingpotential solutions. This article traces the history ofmisinformation production through the lens of the principal-agent tension between central and …
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 …
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 …
Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory,
2025
Touro University Jacob D. Fuchsberg Law Center
Command And Consequence: Reassessing King David’S Military Decisions In The Uriah Affair – A Legal And Ethical Analysis In The Context Of Modern Legal Theory, Jonathan Hasson, Oded Mudrik, Abraham Tennenbaum
Touro Law Review
This study critically reevaluates King David's command in 2 Samuel 11 and 12 to place Uriah the Hittite in the battle's frontlines, resulting in his death, through the contemporary lens of military law and ethics. By juxtaposing the ancient narrative with modern legal doctrines, it investigates the complexities of command responsibility and the intersection of personal motives in military orders. Focusing on the interplay between David's personal entanglements with Bathsheba and his official capacity as a military leader, the analysis navigates the ethical quandaries and legal ramifications of his decisions. This piece methodically dissects the Biblical text and contemporaneous legal …
Dekolonisasi Hukum Perdata Indonesia: Kritik Terhadap Warisan Kolonial Dan Implikasinya Terhadap Pembangunan Hukum Berkeadilan,
2025
Magister Hukum Universitas Islam Indonesia
Dekolonisasi Hukum Perdata Indonesia: Kritik Terhadap Warisan Kolonial Dan Implikasinya Terhadap Pembangunan Hukum Berkeadilan, R. Mustar Lofi
Jurnal Hukum & Pembangunan
Hukum perdata Indonesia hingga kini masih berada di bawah bayang-bayang warisan kolonial, terutama melalui keberlakuan Burgerlijk Wetboek (BW) 1848 yang diwarisi dari Belanda. Meskipun berbagai peraturan baru telah diundangkan, fondasi utama hukum perdata belum sepenuhnya lepas dari struktur, nilai, dan cara pandang kolonial. Artikel ini mengkaji secara kritis bagaimana dominasi hukum kolonial masih berpengaruh dalam pembentukan dan penegakan hukum perdata di Indonesia, serta mengapa dekolonisasi menjadi penting dalam pembangunan sistem hukum yang berkeadilan. Dengan menggunakan pendekatan yuridis-normatif dan analisis interdisipliner dari perspektif sosiologis hukum dan filsafat hukum, tulisan ini menelusuri bagaimana warisan hukum kolonial menciptakan ketimpangan, terutama dalam hal akses …
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 …
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 …
