LARC Cardoso Law (Yeshida Univ)
Not a member yet
9951 research outputs found
Sort by
Flexing the Celebrity Muscle: Celebrity Leverage in Trademark Law and Why Small Businesses Deserve Equitable Treatment
No full textThe note examines the imbalance in trademark law disputes between celebrities and small businesses, arguing that celebrities often leverage their fame and resources to gain an unfair advantage. It highlights how this dynamic can overshadow the rights of small businesses, even when they have prior use of a trademark, as seen in the case of Beauty Concepts vs. Kim Kardashian. The analysis advocates for a more equitable approach to trademark law to protect small businesses from being disadvantaged by celebrity influence
Early Neutral Evaluation: Flawed Foundations in Statistical Predictions
No full textEarly Neutral Evaluation (ENE) is a form of Alternative Dispute Resolution (ADR) designed to help parties resolve disputes more efficiently. It is an increasingly popular method encouraged by courts and private providers alike. ENE involves a neutral third party, often an experienced attorney or retired judge, who assesses the strengths and weaknesses of each party’s case early in the dispute. The primary goal is to encourage parties to focus on the strengths and weaknesses of their cases and their opponent’s early in the litigation process, potentially avoiding unnecessary pre-trial expenses. ENE aims to facilitate a more informed negotiation process and expedite resolution before escalation to trial. It can serve as a cost-effective substitute for formal discovery and pre-trial motions. The process can act as a “reality check” for clients and lawyers, especially when they are far apart on the merits or value of the case. While settlement isn\u27t the main goal, ENE can lead to settlement.
The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on February 26, 2025
The Abuse of Neutrality
Get PDFNeutrality law is a musty and obsolete body of international law that nevertheless rears its creaky head now and again in dangerous ways, most recently in the Russia-Ukraine conflict. The law of neutrality is a study in contradictions. It is obsolete yet remains on the books in treaties and military manuals. It purports to keep the peace and protect non-warring states yet today is invoked to expand conflict and protect aggressors. The legal benefits of neutrality have been entirely overtaken by other regimes. And yet neutrality law has not lost its luster despite losing its value. Instead of letting it fade into respectable oblivion, states, scholars, and practitioners continue to resurrect neutrality law as pretext for inaction and as justification for the unjustifiable. In the process, they muddy the legal waters, making escalation to war more rather than less likely. This Article seeks to put an end to this menace of neutrality law once and for all
Chief Justice Roberts Is Playing the Ostrich
No full textThe Supreme Court is under great stress, if not in crisis. So says Chief Justice John Roberts in his annual report.
In important respects, Roberts is surely correct. The public’s trust in the court has slumped to catastrophic lows; individual justices are threatened with violence; the justices’ family privacy has been upended by demonstrations at their homes; the Internet is flooded with misinformation about the court and the justices that provokes deep concern about safety and reputation
Holocaust Remembrance for Dignity and Human Rights
No full textThe United Nations General Assembly, in resolution 60/7 of 2005, designated 27 January as the annual International Day of Commemoration in Memory of the Victims of the Holocaust, also known as International Holocaust Remembrance Day. On this day, through educational and programmatic efforts aimed at preventing future acts of genocide, we honour the memory of the 6 million Jews and members of other minority groups who fell victim to genocide and other atrocity crimes at the hands of the Nazi regime. In addition, the resolution encourages States to recommit to protecting and promoting human rights, including by preventing identity-based discrimination and violence. At its heart, Holocaust Remembrance Day represents the international community’s continuing commitment to ensuring the dignity and human rights of all minorities within the borders of every State
The Federal Maritime Commission’s New Framework for Ocean Carrier Accountability: Analysis of the \u3ci\u3eMCS Industries\u3c/i\u3e and \u3ci\u3eOJ Commerce\u3c/i\u3e Decisions
Get PDFThis 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) service contract obligations, which require reciprocal commitments between shippers and carriers to ensure minimum cargo volumes and guaranteed space or rates; and (ii) prohibiting retaliatory conduct by carriers, including “refusing, or threatening to refuse, an otherwise-available cargo space accommodation” or “resort[ing] to any other unfair or unjustly discriminatory action.” By focusing on practical remedies, the FMC continues to develop its approach to enforcement, emphasizing practical remedies over formalistic legal distinctions
Correcting Course: How Congress Can Streamline U.S. Engagement with the International Criminal Court
Get PDFSince its participation in the 1998 Rome Conference, the United States has vocalized opposition to key components of the International Criminal Court’s (ICC) jurisdiction. This opposition has informed longstanding positions taken by the executive branch and motivated anti-ICC legislation passed by Congress. Support for the ICC’s investigation in Ukraine challenged these narratives across the legislative and executive branches, but the ICC’s arrest warrants of Israeli officials in 2024 renewed Congress’s heightened skepticism of the court and sowed political divisions on efforts to sanction the ICC. Congress’s oscillation on the ICC within the past several years prompts a larger question of how the United States can balance its policy interests with existing legal authorities that narrowly permit U.S. cooperation. Statutory exceptions within the American Servicemembers’ Protection Act (ASPA) and Dodd Amendment readily provide justification for the President to support the ICC’s investigations and prosecutions, but neither exception has been fully employed by the U.S. government. This Note will explore how these exceptions can be deployed by the executive and legislative branches to streamline how the United States can legally support the ICC when doing so aligns with U.S. foreign policy objectives. Based on this assessment, this Note will propose that Congress harness these existing legal authorities and create a cogent legislative fix that establishes long-term parameters for U.S. engagement with the ICC. This new statute should feature the best components of ASPA and the Dodd Amendment’s exceptions, which allow deference to the executive branch for policy decisions on when the United States should support the ICC’s activities, set congressional notification procedures and reporting requirements for the executive branch, and describe what forms of support U.S. agencies can reliably provide to the ICC. Through this reform, the U.S. government can develop straightforward mechanisms for assisting the ICC’s investigation and prosecution of individuals accused of crimes against humanity, genocide, and war crimes
Rectifying the Rome Statute and Draft Articles on Prevention and Punishment of Crimes Against Humanity to Include the Slave Trade
Get PDFThe slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments to existing international treaty law must be adopted with haste to close an unconscionable factual and legal gap in the international legal architecture. New proposals on the table now provide an opportunity to do so. This unique moment must be seized
Trump’s Immigration Crackdown Is Specifically Targeting Children Again
No full textWhen the first Trump administration separated thousands of immigrant children from their parents, there was massive public outcry at the cruelty of family separation. Then the administration admitted something extraordinary: The cruelty was the point
