Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19),
2018
Yeshiva University, Cardozo School of Law
Masthead, Cardozo International & Comparative Law Review, Vol. 2 (2018-19)
Cardozo International & Comparative Law Review
No abstract provided.
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1,
2018
Yeshiva University, Cardozo School of Law
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 1
Cardozo International & Comparative Law Review
No abstract provided.
Economic Crises And Foreign Investors: Between Necessity And Reparation,
2018
University of Haifa
Economic Crises And Foreign Investors: Between Necessity And Reparation, Suha Ballan
Cardozo International & Comparative Law Review
The article critiques the current investor-state arbitration system for its reliance on private law analogies, which often results in all-or-nothing outcomes unsuitable for addressing economic crises. It advocates for integrating public law remedies into the system to better balance corrective justice with broader economic stability and context. The analysis highlights the limitations of the necessity defense in international law and proposes alternative approaches, such as mandatory insurance and fund allocation models, to address these challenges more effectively.
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act,
2018
Benjamin N. Cardozo School of Law
Money Is Fungible, Causation Shouldn't Be: An In-Depth Analysis Of The Proximate Cause Standard Under The Anti-Terrorism Act, Rebecca Glikman
Cardozo International & Comparative Law Review
The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold …
Emoji: The Other Tech Monopoly,
2018
Benjamin N. Cardozo School of Law
Emoji: The Other Tech Monopoly, Edward T. Brawley
Cardozo International & Comparative Law Review
No abstract provided.
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures,
2018
Benjamin N. Cardozo School of Law
Eb-5 Visa Regulation And Controversy: How An Immigration-Securities Hybrid Visa Has Been Used To Fund Real Estate Ventures, Rachel Behar
Cardozo International & Comparative Law Review
The EB-5 visa program, designed to stimulate the U.S. economy through job creation and capital investment by foreign investors, has become a controversial tool often misused to fund luxury real estate projects in affluent areas. While the program has contributed significantly to the economy, its implementation has strayed from its original intent, leading to criticism over issues like gerrymandering of Targeted Employment Areas (TEAs), inadequate securities regulation, and fraud risks. The article calls for reforms to align the program more closely with its intended purpose of aiding underserved communities.
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement,
2018
Benjamin N. Cardozo School of Law
The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney
Cardozo International & Comparative Law Review
The Trump Administration's withdrawal from the Paris Agreement has significant geopolitical implications, as it creates a leadership vacuum that China is poised to fill, potentially reshaping the global transition to renewable energy. While the U.S. federal government steps back from international climate efforts, non-federal actors like states and cities continue to advance climate initiatives. The withdrawal underscores the importance of domestic innovation in clean energy to counterbalance China's growing influence.
Transparency In Corporate Groups,
2018
Brooklyn Law School
Transparency In Corporate Groups, Jay Lawrence Westbrook
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article addresses a remarkable blind spot in American law: the failure to apply the well-established principles of secured credit to prevent inefficiency, confusion, and fraud in the manipulation of the webs of subsidiaries within corporate groups. In particular, “asset partitioning” has been a fashionable subject in which the central problem of non-transparency has been often mentioned but little addressed. This Article offers a concept for a new system of corporate disclosure for the benefit of creditors and other stakeholders. It would require disclosure of corporate structures and allocations of assets among affiliates to the extent the affiliates are to …
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders,
2018
Brooklyn Law School
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar
Journal of Law and Policy
Both the gig economy’s critics and supporters tend to assume that it represents an assault on current employment structures. Comparative theory, however, emphasizes that legal regimes are durable in the face of new challenges. Fortunately, the gig economy’s prevalence throughout the world gives scholars the chance to evaluate this tension. This paper analyzes whether platform work undermines existing legal systems by testing two comparative theories in the United States and France. The first predicts that French law should mobilize against platform firms to protect producers’ livelihoods and that American law should embrace these services for lowering consumer prices. The second …
Infringement, Unbound,
2018
William & Mary Law School
Infringement, Unbound, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
"Les Droits Ne Sont Pas Respectés": A Study Of The Effectiveness Of The Moroccan Law In Protecting The Human Rights Of Sub-Saharan Female Migrants,
2018
SIT Study Abroad
"Les Droits Ne Sont Pas Respectés": A Study Of The Effectiveness Of The Moroccan Law In Protecting The Human Rights Of Sub-Saharan Female Migrants, Meghan Gragg
Independent Study Project (ISP) Collection
This paper aims to determine to what extent Moroccan law is protecting female Sub-Saharan migrants against human rights abuses and in the process, it attempts to determine what the Moroccan government needs to do differently to protect this population. Female migrant women from Sub-Saharan Africa are a population that suffers human rights abuses because of their dual positionality as both women and Sub-Saharan migrants: both of which are discriminated populations in Morocco. The research was carried out by communicating with lawyers and non-governmental organization (N.G.O.) team members who work with women to determine the common legal and social problems affecting …
The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan,
2018
Boston University School of Law
The Search For Protection For Stateless Refugees In The Middle East: Palestinians And Kurds In Lebanon And Jordan, Susan M. Akram
Faculty Scholarship
Most Arab countries have not ratified the 1951 Refugee Convention/1967 Protocol or the 1954 Convention on the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness has no ratifications in the Middle East. While regional conventions dealing with refugees in the Arab world have been developed, they have been honoured primarily in the breach. Further, many Arab countries do not have domestic laws governing the status of refugees or stateless persons per se, but have applied ad hoc policies to the waves of refugees that have entered and stayed – some for decades – in …
Upper Skagit Indian Tribe V. Lundgren,
2018
Alexander Blewett III School of Law at the University of Montana
Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen
Public Land & Resources Law Review
Stemming from a property dispute between a private landowner and the Upper Skagit Indian Tribe, this action evolved into a debate concerning the scope of tribal sovereign immunity and whether Indian tribes should be bound by certain common law doctrines applicable to most other sovereigns. The Washington Supreme Court originally ruled against the Tribe, citing County of Yakima v. Confederated Tribes and Bands of Yakima Nation in holding that sovereign immunity does not apply to in rem actions. The United States Supreme Court granted certiorari to clarify that its ruling in Yakima did not support such a proposition. The case …
International Child Abduction: Bagaimana Indonesia Meresponnya?,
2018
Faculty of Law Universitas Indonesia
International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana
Jurnal Hukum & Pembangunan
Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention …
The General Description Of The Administrative Act In The German Administrative Procedure Law,
2018
the academy of public administration under the president of the republic of Uzbekistan, Tashkent, 100066, Uzbekistan
The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov
Review of law sciences
This article describes a brief legal-theoretical analysis of the main characteristics of the administrative procedures in Germany.
Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Civil-Law Protection Of Honor, Dignity And Business Reputation In The Civil Legislation Of Uzbekistan And Japan, I. Yakubova
Review of law sciences
Comparative legal analysis of the civil-law protection of honor, dignity and business reputation is conducted on the base of the views of the scientists of Uzbekistan and Japan and civil legislation of two countries and as a result, this analysis provides proposals and inferences on improvement of the acting national legislation.
Problems Of Legal Regulation Of The International Distribution Agreement,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Problems Of Legal Regulation Of The International Distribution Agreement, D. Imamova
Review of law sciences
In this article, the author reveals the problems of the legal regulation of the international distribution contract and the legal settlement of the distribution contract in the legislation of the Republic of Uzbekistan.
Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov
Review of law sciences
In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.
Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan,
2018
Tashkent state university of law, Tashkent, 100047, Uzbekistan
Implementation Of International Law In The Criminal Legislation Of The Republic Of Uzbekistan, F. Fazilov
Review of law sciences
In this article, the author analyzes the issues of bringing criminal norms in accordance with the international treaties of the Republic of Uzbekistan.
The General Description Of The Administrative Act In The German Administrative Procedure Law,
2018
the academy of public administration under the president of the republic of Uzbekistan, Tashkent, 100066, Uzbekistan
The General Description Of The Administrative Act In The German Administrative Procedure Law, J. Nematov
Review of law sciences
This article describes a brief legal-theoretical analysis of the main characteristics of the administrative procedures in Germany.
