On Emerging Technologies: The Old Regime And The Proactivity,
2025
Shanghai University of Finance and Economics School of Law
On Emerging Technologies: The Old Regime And The Proactivity, Ran Xi
Cardozo International & Comparative Law Review
Nowadays, emerging technologies are revolutionizing nearly every facet of human life, shaping legal, cultural, political, and technological landscapes. Despite various breakthroughs, emerging technologies have also brought to society legal and regulatory challenges, such as the pacing problem, regulatory silos, and the black box issue. However, existing state-centric regulation on emerging technologies results in fragmented, inconsistent, and ineffective statutes and policies. The traditional regulatory regime, due to its reactive mindset, incremental approaches, and tools of modest efficacy, fails to mitigate associated risks and harms, sometimes even impeding technological innovation. To tackle this dilemma, this Article proposes a proactive law approach with …
Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea,
2025
Yeshiva University, Cardozo School of Law
Prosecutorial Independence Regained? Mixing The Continental And Anglo-American Styles In South Korea, Neil Chisholm
Cardozo International & Comparative Law Review
The article examines the challenges of achieving prosecutorial independence in South Korea, highlighting the tension between Continental European and Anglo-American models. It explores the reforms aimed at addressing these challenges, including the creation of the Corruption Investigation Office for High-Ranking Officials (CIO) and the decentralization of investigative powers. While these reforms reflect an effort to balance bureaucratic and democratic accountability, concerns persist about politicization, hierarchical control, and the effectiveness of new institutions. The article argues that the success of these reforms depends on structural changes and the ability of new agencies to operate independently.
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.
A Vicious Cycle: An Intersectional Analysis Of Black Women’S Legal And Socio-Economic Vulnerability In The Hiv/Aids Epidemic,
2025
Emory University School of Law
A Vicious Cycle: An Intersectional Analysis Of Black Women’S Legal And Socio-Economic Vulnerability In The Hiv/Aids Epidemic, Summer Bell
Emory International Law Review
No abstract provided.
Delivery Of Substitute Goods In Unified International And European Sales Law,
2025
Emory University School of Law
Delivery Of Substitute Goods In Unified International And European Sales Law, Justus Meyer
Emory International Law Review
The U.N. Convention on Contracts for the International Sale of Goods (CISG) stipulates that the seller can cure a lack of conformity by supplying a replacement. On the other hand, the buyer can only demand a replacement delivery if the lack of conformity constitutes a fundamental breach of contract. In contrast, according to the European Sales Law Directive, the consumer may, at his choice, require the seller to repair the goods or to replace them “in the first place”. This article traces the developments that have led to these different regulatory approaches.
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 …
"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment,
2025
Benjamin N. Cardozo School of Law
"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment, Hannah M. Bartfield
Cardozo Arts & Entertainment Law Journal
This Note examines music catalog transactions from a tax perspective to determine the key considerations, benefits, and consequences of such a transaction, and then addresses why these characteristics are inconsistent with the purpose of copyright law. First, this Note addresses the copyright concepts that govern the music industry in Part I.B. In Part II, royalties are discussed as one method that musicians can rely on to earn revenue from their music, including a summary of how those earnings are taxed. In Part III, these findings will be weighed against similar considerations for the sale of an artist's music catalog, including …
