Law Commons^™

New Private Law Theory And Tort Law: A Comment, Keith N. Hylton

Faculty Scholarship

This comment was prepared for the Harvard Law Review symposium on “The New Private Law,” as a response to Benjamin Zipursky’s principal paper on torts. I find Zipursky’s reliance on Cardozo’s Palsgraf opinion as a foundational source of tort theory troubling, for two reasons. First, Cardozo fails to offer a consistent theoretical framework for tort law in his opinions, many of which are difficult to reconcile with one another. Second, Palsgraf should be understood as an effort by Cardozo to provide greater predictability, within a special class of proximate cause cases, by reallocating decision-making power from juries to judges. It …

The Distinctiveness Of Appellate Adjudication, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. …

Judges Henry J. Friendly And Benjamin Cardozo: A Tale Of Two Precedents, David M. Dorsen

Pace Law Review

No abstract provided.

Thirty-Third 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

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Leslie E. Payson, Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Eric Schneiderman, Attorney General of the State of New York

Alumni Greeting:

Mark …

Thirty-Second 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

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Leslie E. Payson, Co-Chair, Cardozo Board of Overseers, Benjamin N. Cardozo School of Law; Class of 1991

Remarks:

Matthew Diller, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Cyrus R. Vance, Jr., New York County District Attorney

Alumni Greetings: …

Judicial Legislation, Anthony D'Amato

Faculty Working Papers

My argument will be that it is unjust in the broadest view of our legal system for judges to legislate, even if they confine their legislation to the narrowest limits in the closest of cases. To the extent that my argument is successful in diminishing the judicial legislation position, it would tend to serve to corroborate Dworkin's rights thesis.

Traditional Versus Economic Analysis: Evidence From Cardozo And Posner Torts Opinions, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

This Article contributes a new approach and evidence to the longstanding debate concerning the relative merits of traditional legal analysis compared to contemporary economic analysis of law. It evaluates prominent opinions of two judicial exemplars of the contending conceptions, the traditionalist Benjamin Cardozo and the economist Richard Posner, in torts, the field where economic analysis has greatest impact. Comparative critique of their opinions appearing in current torts casebooks, where they are the most ubiquitous judges, provides evidence that traditional legal analysis is a more capacious and persuasive basis of justification than contemporary economic analysis of law.

Thirty-First 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

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

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; Vice President for Legal Education, Yeshiva University

Commencement Address:

Justice Rosalie Silberman Abella, Supreme Court of …

Thirtieth 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

Presiding:

Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Hon. Dennis Jacobs, Chief Judge, US Court …

Drunk In The Serbonian Bog: Intoxicated Drivers' Deaths As Insurance Accidents, Douglas R. Richmond

Seattle University Law Review

Part II of this Article briefly sketches the overall ethical framework under the ABA Model Rules and the ABA Model Code of Professional Responsibility, including the proscription on deceit and misrepresentation in Model Rule 8.4 and the ban on attorney contact with represented adverse parties in Model Rule 4.2. Part Ill describes the jurisdictions that have declined to create status-based exceptions to Model Rule 8.4, and the nationwide uproar created when the Oregon Supreme Court initially refused to permit undercover investigations involving any deception— including investigations by law enforcement personnel. That Part will also trace the subsequent adoption of a …

Twenty-Ninth 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, Vice Dean, 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, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School of …

Twenty-Eighth 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, Class of 2008

Invocation:

Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law

Welcome:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Remarks:

David Rudenstine, Vice President for Legal Education, Yeshiva University; Dean, Benjamin N. Cardozo School …

Maheshwari V. City Of New York, Scott Glotzer

NYLS Law Review

No abstract provided.

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

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

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 …

Twenty-Sixth 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:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Remarks:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Conferring of Honorary Degree and Commencement Address:

The Honorable Sandra Day O’Connor, Associate Justice, United States …

From Cardozo To Dworkin: Some Variations On Professor Nelson’S Theme, Louis H. Pollak

Saint Louis University Law Journal

No abstract provided.

Twenty-Fifth 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

Norman Lamm, President, Yeshiva University

National Anthem:

Sean P. Armstrong, Class of 2003

Invocation:

Rabbi Michael S. Miller, The Jewish Community Relations Council

Welcome:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Commencement Address:

The Honorable Judith S. Kaye, Chief Judge, New York State …

Twenty-Fourth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises:

Processional:

Herbert C. Dobrinsky, EdD, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, JD, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, PhD, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Norman Lamm, PhD, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, PsyD, The Jewish Center, New York City; Yeshiva College '83, Ferkauf Graduate School of Psychology '85

Invocation:

Rabbi Michael S. Miller, MS, The Jewish Community Relations Council; Yeshiva College '71, Bernard Revel Graduate School of Jewish Studies '76

Welcome:

David Rudenstine, JD, Dean, Benjamin …

Twenty-Third 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

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Norman Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Michael Eytan Dubitsky, Class of 2001

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Alan M. Dershowitz, Felix Frankfurter Professor of Law, Harvard Law School

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Sarah Steiner, Class of 1983

Awards and Honors:

Dean …

Teaching Law Through Contracts And Cardozo, Christopher L. Eisgruber

Saint Louis University Law Journal

No abstract provided.

Twenty-Second 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 Eric Herz, Senior Associate Dean, Benjamin N. Cardozo School of Law; Chief Marshal

Presiding:

Normal Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Yakov Deckelbaum, Benjamin N. Cardozo School of Law, Class of 2000

Tribute to Dean Verkuil:

Dr. Lamm

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Charles E. Schumer, United States Senator, State of New York

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School …

Twenty-First 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 Eric Herz, Senior Associate Dean, Benjamin N. Cardozo School of Law; Chief Marshal

Presiding:

Normal Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Adam Berner, Law and Mediation Offices of Adam Berner, Adjunct Professor, Benjamin N. Cardozo School of Law; Class of 1994

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Eliot Spitzer, Attorney General, State of New York

Remarks:

Kathryn O. Greenberg, Board of Directors, Benjamin N. Cardozo School …

Twentieth 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

William Schwartz, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Presiding and Memorial Tribute to Telford Taylor, Professor Emeritis, Benjamin N. Cardozo School of Law:

Normal Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Adam Berner, Law and Mediation Offices of Adam Berner, Class of 1994

Welcome:

Paul R. Verkuil, Dean, Benjamin N. Cardozo School of Law

Commencement Address:

Abner Mikva, Visiting Professor, University of Chicago Law School; Former Chief Judge, US Court of Appeals …

Nineteenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Michael Eric Herz, Associate Dean for Academic Affairs, Benjamin N. Cardozo School of Law; Herald

William Schwartz, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Presiding:

Norman Lamm, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Mark Wildes, Class of 1993, Assistant Rabbi, Congregation Kehilath Jeshurun

Welcome:

Paul R. Verkuil, Dean, Benjamin N Cardozo School of Law

Commencement Address:

Jerome J. Shestack, President-Elect of the American Bar Association

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. …

Eighteenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Judah Prero, Class of 1996

Welcome and Commencement Address:

Frank J. Macchiarola, Dean, Benjamin N. Cardozo School of Law

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. Turner, Class of 1987

Student Remarks:

Shai Y. Waisman, Class of 1996

Awards and Honors:

Dean Macchiarola

Conferring of Juris Doctor Degrees:

Dean …

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.

Seventeenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

The National Anthem:

Cantor Eliezer Kepecs, Kingsway Jewish Center, Brooklyn, New York

Invocation:

Rabbi Basiil Herring, The Jewish Center of Atlantic Beach, Atlantic Beach, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Guido Calabresi, Judge, US Court of Appeals, Second Circuit

Remarks:

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Karel L. Turner, Class of 1987

Student Remarks:

Anita Linda Miller, Class of 1994

Awards …

Sixteenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs; Herald

William Schwartz, Vice President for Academic Affairs; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

Cantor Ira W. Heller, The Jewish Center, New York City

Invocation:

Rabbi Louis Bernstein, Young Israel of Windsor Park, Bayside, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Robert T. Johnson, Bronx County District Attorney, New York City

Remarks:

Dr. Miller

Earle I. Mack, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Joan Ehrlich-White, Class of 1987

Student Remarks:

Michael …