Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Twenty-Seventh Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Twenty-Seventh Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Commencement Programs
Order of Exercises
Processional:
Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald
Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal
Presiding:
Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal
Richard M. Joel, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller
Invocation:
Rabbi Ozer Glickman
Welcome:
Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982
Remarks:
David Rudenstine, Dean, Benjamin N. Cardozo School of Law
Commencement Address:
Eliot Spitzer, New York State Attorney General
Alumni Greetings:
Howard Leib, Class of 1983 …
Seven Points To Explain Why The Law Ought Not Allow The Elimination Of Fiduciary Duty Within Closely Held Businesses: Cardozo Is Dead; We Have Killed Him., Daniel S. Kleinberger
Seven Points To Explain Why The Law Ought Not Allow The Elimination Of Fiduciary Duty Within Closely Held Businesses: Cardozo Is Dead; We Have Killed Him., Daniel S. Kleinberger
Faculty Scholarship
Prepared as part of the author's work as co-reporter for the Revised Uniform Limited Liability Company Act, this essay argues against legislation that empowers private agreements to eliminate fiduciary duty within a business organization. The essay considers: (i) the venerable role of fiduciary duty within business organizations and the limited predictive powers of those urging radical reform; (ii) the absence of prescience in contract drafters; (iii) the strict construction function of fiduciary law; (iv) the inevitable and inappropriate pressure that elimination would put on the obligation of good faith and fair dealing; (v) the differences in remedy available for fiduciary …