Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia,
2024
Emory University School of Law
Bridging The Gap In Corporate Governance For Interlocking Directors In Colombia, Juan D. Ovalle
Emory Business Law Review
No abstract provided.
Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions,
2024
Benjamin N. Cardozo School of Law
Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions, Daniel Hyungtae Kim
Cardozo Journal of Conflict Resolution
No abstract provided.
Holocaust Denial Legislation In The United Kingdom, Germany, Austria, And The United States: How The Law Presently Addresses The Issue And Proposals For Reform,
2024
Benjamin N. Cardozo School of Law
Holocaust Denial Legislation In The United Kingdom, Germany, Austria, And The United States: How The Law Presently Addresses The Issue And Proposals For Reform, Madeline Epstein
Cardozo International & Comparative Law Review
The note examines the legal frameworks addressing Holocaust denial in the United Kingdom, Germany, Austria, and the United States, highlighting the need for more robust legislation to combat Holocaust denial effectively. It argues that while countries like Germany and Austria have stringent laws criminalizing Holocaust denial, jurisdictions like the U.S. and U.K. rely on civil remedies, which may be insufficient. The analysis advocates for adopting legal measures that balance free speech with the protection of historical truth and human dignity.
Taxing Wealth: A Comparative Analysis Of National Wealth Taxes And How A Federal Wealth Tax Can Overcome Administrative Challenges,
2024
Benjamin N. Cardozo School of Law
Taxing Wealth: A Comparative Analysis Of National Wealth Taxes And How A Federal Wealth Tax Can Overcome Administrative Challenges, Jason Nadboy
Cardozo International & Comparative Law Review
The note advocates for the implementation of a progressive federal wealth tax in the United States to address wealth inequality and generate revenue for social programs. It argues that while administrative challenges exist, they can be overcome by learning from international examples and implementing robust enforcement mechanisms.
Drug Addiction, Insanity, And Competency: How The Halimi Case Galvanizes A U.S.-Inspired Reform Of France's Criminal Responsibility System,
2024
Benjamin N. Cardozo School of Law
Drug Addiction, Insanity, And Competency: How The Halimi Case Galvanizes A U.S.-Inspired Reform Of France's Criminal Responsibility System, Ruben Attia
Cardozo International & Comparative Law Review
The Halimi case, culminating in a verdict from the Court of Cassation in April 2021, has ignited intense and contentious debates on criminal responsibility, leading to a profound erosion of public trust in the French judicial system. This Note delves into the urgency of addressing the issues presented by Halimi and emphasizes the necessity for innovative approaches within the French legislative framework. Striking a delicate balance between permitting the trial of controversial cases and upholding the age-old moral duty of excluding the mentally insane from guilty verdicts, this Note compares the intricacies of criminal responsibility in France with those in …
Tackling The Thicket: A Comparative Analysis Of Biologic Drugs And Biosimilars In The United States And Abroad,
2024
Benjamin N. Cardozo School of Law
Tackling The Thicket: A Comparative Analysis Of Biologic Drugs And Biosimilars In The United States And Abroad, Lauren Cutler
Cardozo International & Comparative Law Review
The note examines the legal and regulatory landscape surrounding biologic drugs and biosimilars in the United States and Europe, focusing on patent protections, litigation trends, and the impact of biosimilar competition on drug pricing. It highlights the challenges posed by patent thickets and evergreening strategies employed by brand-name biologic manufacturers, which delay biosimilar market entry and maintain high drug prices. The analysis underscores the differences in regulatory frameworks and market dynamics between the U.S. and Europe, emphasizing the need for policy reforms to enhance competition and affordability in the biologic market.
Always A Suspect: Law Enforcement's Violative Use Of Geofence Warrants And Geolocation Data In Criminal Investigations And Proceedings,
2024
Benjamin N. Cardozo School of Law
Always A Suspect: Law Enforcement's Violative Use Of Geofence Warrants And Geolocation Data In Criminal Investigations And Proceedings, Aaron A. Bengart
Cardozo International & Comparative Law Review
The note argues that geofence warrants, used by law enforcement to obtain location data from tech companies, pose significant Fourth Amendment concerns. It advocates for U.S. legislation similar to the U.K.'s to balance privacy rights with law enforcement needs, emphasizing the need for checks to prevent abuse and protect citizens from unreasonable searches.
Against The Current: Charting A New Course For Human Rights In Sustainable Fisheries Management,
2024
Benjamin N. Cardozo School of Law
Against The Current: Charting A New Course For Human Rights In Sustainable Fisheries Management, James H. Stitt
Cardozo International & Comparative Law Review
The note advocates for a paradigm shift in fisheries management, moving beyond Western-centric regulatory frameworks to a holistic, human rights-based approach that integrates sustainable development, biodiversity conservation, and social justice. It emphasizes the critical role of small-scale fisheries and Indigenous communities in achieving ecological and economic sustainability, arguing that their traditional knowledge and practices are essential for effective resource management. The analysis highlights the limitations of existing international frameworks, such as the United Nations Convention on the Law of the Sea (LOSC) and the Code of Conduct for Responsible Fisheries (CCRF), in addressing the needs of small-scale and Indigenous fishers. …
Regulating Cryptocurrency: A Comparative Analysis Of U.S. And Eu Approaches,
2024
Benjamin N. Cardozo School of Law
Regulating Cryptocurrency: A Comparative Analysis Of U.S. And Eu Approaches, Xander Xueyang Peng
Cardozo International & Comparative Law Review
The note compares the regulatory approaches of the U.S. and the EU regarding cryptocurrency, focusing on sanctions and anti-money laundering (AML). It argues that while the EU has implemented a comprehensive regulatory framework, the U.S. relies on fragmented enforcement actions and lacks a unified approach. The EU's structured regulations, such as the Markets in Crypto-Assets (MiCA) framework, are more effective in addressing the challenges posed by cryptocurrency, including traceability and compliance. The note advocates for the U.S. to adopt a more robust regulatory framework, including know-your-customer (KYC) requirements and stricter AML measures, to enhance accountability and security in the crypto …
"Those Were Just Demos And Never Intended To Be Heard By The Public",
2024
Benjamin N. Cardozo School of Law
"Those Were Just Demos And Never Intended To Be Heard By The Public", Ryan Whyte
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Impossibility Of Artificial Inventors,
2024
University of Georgia School of Law
Impossibility Of Artificial Inventors, Mateusz Blaszczyk
Scholarly Works
Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many of the courts all over the world. This Article analyzes these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. This Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans …
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?,
2024
Loyola University Chicago
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
The Constitutional Court Of Kosovo In Comparative Perspective,
2024
William & Mary Law School
The Constitutional Court Of Kosovo In Comparative Perspective, Christie S. Warren
Faculty Publications
...presented at the Solemn Ceremony of the 14th Judicial Year of the Constitutional Court, held on 23 October 2023 in Prishtina and on the occasion of the International Conference “Contribution of Constitutional Courts in the protection and strengthening of the fundamental values of democracy, the rule of law and fundamental human rights and freedoms”, organized on 24 October 2023 in Prishtina.
The Constitutional Court Of Indonesia As A Post-Conflict Institution,
2024
William & Mary Law School
The Constitutional Court Of Indonesia As A Post-Conflict Institution, Christie S. Warren
Faculty Publications
In post-conflict settings, constitutional courts have important roles to play despite complex and often competing challenges they face to institutionalize their legitimacy and entrench the rule of law while attempting to build bridges from conflict to peace. By processing political conflict through legal means, constitutional courts can shift the tenor of public dialogue and provide a less inflammatory platform for analyzing conflicts that have divided societies. This article analyzes two seminal cases decided by the Constitutional Court of Indonesia in the aftermath of post- Suharto conflict and finds that despite its young age, the Court addressed lustration issues and a …
End-Of-Life Choice For People Living With Alzheimer’S Disease And Related Dementias: Comparing American And Canadian Approaches,
2024
Lewis & Clark Law School
End-Of-Life Choice For People Living With Alzheimer’S Disease And Related Dementias: Comparing American And Canadian Approaches, Amy Subach
Lewis & Clark Law Review
This Note argues for an expansion of end-of-life choice for people diagnosed with Alzheimer’s Disease and Related Dementias in the state of Oregon, using both Canadian waiver of final consent and Supported Decision-Making models, with additional proposed safeguards to prevent coercion and missed diagnoses of treatable conditions.
Model For Understanding Cedaw's Impact On Implementing Gender Equality Reforms: Lessons From Canada And India,
2024
St. Mary's Univserity School of Law
Model For Understanding Cedaw's Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens
Faculty Articles
This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW") on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply rooted cultural norms perpetuating gender inequality, on hindering CEDAW's ratification in the United States, as well as CEDAW's effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations ("NGOs") in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as …
Bias Notification Duty,
2024
University of Haifa Faculty of Law
Bias Notification Duty, Eldar Haber, Shai Stern
Cardozo Arts & Entertainment Law Journal
Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Society thus misses a unique opportunity to study social and cognitive biases that shape …
Regulatory Approaches To Consumer Protection In The Financial Sector And Beyond: Towards A Smart Disclosure Regime?,
2024
Singapore Management University
Regulatory Approaches To Consumer Protection In The Financial Sector And Beyond: Towards A Smart Disclosure Regime?, Nydia Remolina, Yvonne Ai-Chi Loh, David Hardoon
International Journal on Consumer Law and Practice
Consumer and data protection policies often focus on consent and information disclosure. The purpose of these regulatory strategies is the protection of consumers by reducing some contracting failures, such as asymmetries of information and a lower bargaining power, especially in transactions involving complex issues such as financial products and sensitive personal data. In the past, regulators have responded to privacy and consumer protection by adopting what this article refers to as an “imperfectly informed regime”, in which consumers do not receive full information about the risks associated with their decisions, even if they are still protected through a variety of …
Introduction: Comparative Comparative Law,
2024
Florida International University College of Law
Introduction: Comparative Comparative Law, Jorge L. Esquirol
FIU Law Review
This introduction illuminates the multifaceted nature of comparative law, transcending its conventional perception as merely a methodological tool. Rather, it emerges as a dynamic arena of political struggle, embodying diverse perspectives and objectives across various discursive exchanges. The volume delves into this complexity through contributions from esteemed scholars exploring topics ranging from granting rights to rivers in Colombia to the constitutional interpretive politics of Italian abortion rights. It underscores how comparative law shapes governance and policy, both reinforcing hegemonic norms and providing avenues for resistance and alternative perspectives. Ultimately, the volume celebrates the rich diversity and interconnectedness within comparative law, …
"Bricolage" As Comparative Research Method For Critical Legislative Innovation,
2024
Université Laval
"Bricolage" As Comparative Research Method For Critical Legislative Innovation, Marie-Claire Belleau
FIU Law Review
Comparative law incentivize imagination to create new solutions to social problems intrinsically linked to different parts of the world. It consists in the analysis of multiple legal solutions revealed by research. Meanwhile, the understanding of the documentation put forward is influenced by the social, cultural, linguistic, political, and economic context where it evolved in the first place. Consequently, the interpretation of those elements leads to varying results. In response to this reality, we offer a modest comparative methodology rooted in creativity inspired by the concept of “bricolage” for the purpose of legislative innovations. In light of some descriptive examples pertaining …
