Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

PDF

Yeshiva University, Cardozo School of Law

Series

Discipline
Keyword
Publication Year
Publication

Articles 2101 - 2130 of 2277

Full-Text Articles in Law

Justices At Work: An Introduction, Michel Rosenfeld Jan 1997

Justices At Work: An Introduction, Michel Rosenfeld

Faculty Articles

No abstract provided.


What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam Jan 1997

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Faculty Articles

No abstract provided.


Conclusion, Monroe E. Price Jan 1997

Conclusion, Monroe E. Price

Faculty Articles

No abstract provided.


A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald Jan 1997

A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald

Faculty Articles

Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.


Minority Protection In Residential Private Governments, Stewart E. Sterk Jan 1997

Minority Protection In Residential Private Governments, Stewart E. Sterk

Faculty Articles

No abstract provided.


The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne Jan 1997

The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk, Edward Stein, Jacinta Kerin, William Byne

Faculty Articles

No abstract provided.


Corporate Culture In Takeovers, Charles M. Yablon Jan 1997

Corporate Culture In Takeovers, Charles M. Yablon

Faculty Articles

No abstract provided.


A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst Jan 1997

A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst

Faculty Articles

No abstract provided.


The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price Jan 1997

The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price

Faculty Articles

No abstract provided.


Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson Jan 1997

Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David G. Carlson

Faculty Articles

No abstract provided.


The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love Jan 1997

The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love

Faculty Articles

The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.


United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam Jan 1997

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Faculty Articles

No abstract provided.


The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky Jan 1997

The Unsolved Problem Of The Unfunded Mandate, Edward A. Zelinsky

Faculty Articles

No abstract provided.


A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin Oct 1996

A V. B, Dalia Dorner, Itzchak Zamir, Gavriel Bach, Shlomo Levin, Mishael Cheshin

Translated Opinions

Facts: The appellant and his wife were married for many years but remained childless. The appellant began a relationship with a 15 year-old girl, the first respondent, in order to have a child by her, and she did indeed become pregnant and bear his child. When the child was born, the girl wanted the child to be adopted by a third party, but the appellant wanted to raise the child with his wife.

The main witness in the trial court was Mr Rami Bar-Giora, an expert psychologist, who testified that if the child were raised by the appellant and the …


The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon Oct 1996

The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon

Faculty Articles

This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …


Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon Oct 1996

Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon

Faculty Articles

No abstract provided.


Godtalk: Should Religion Inform Public Debate?, J. David Bleich Jun 1996

Godtalk: Should Religion Inform Public Debate?, J. David Bleich

Faculty Articles

No abstract provided.


The Jerusalem Embassy Act, Malvina Halberstam Apr 1996

The Jerusalem Embassy Act, Malvina Halberstam

Faculty Articles

No abstract provided.


Preface, Michel Rosenfeld Jan 1996

Preface, Michel Rosenfeld

Faculty Articles

No abstract provided.


Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld Jan 1996

Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld

Faculty Articles

No abstract provided.


Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson Jan 1996

Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson

Faculty Articles

No abstract provided.


Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson Jan 1996

Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson

Faculty Articles

No abstract provided.


The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Faculty Articles

No abstract provided.


The Myth Of Testamentary Freedom, Melanie B. Leslie Jan 1996

The Myth Of Testamentary Freedom, Melanie B. Leslie

Faculty Articles

No abstract provided.


Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld Jan 1996

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld

Faculty Articles

No abstract provided.


The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg Jan 1996

The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg

Faculty Articles

No abstract provided.


Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson Jan 1996

Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson

Faculty Articles

No abstract provided.


"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love Jan 1996

"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love

Faculty Articles

An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses the strengths and weaknesses of legal claims, proposes settlement terms, pushes parties to accept a particular settlement, and predicts court outcomes or the impact of not settling. A mediator’s assessment invariably favors one side over the other and jeopardizes neutrality. This article argues that mediation should stand as a distinct and clear-cut alternative to the evaluative and frequently highly-adversarial adjudicatory processes and that mediators should not evaluate.


Law And Order, Arthur J. Jacobson Jan 1996

Law And Order, Arthur J. Jacobson

Faculty Articles

No abstract provided.


Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman Jan 1996

Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman

Faculty Articles

No abstract provided.