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Articles 1 - 29 of 29
Full-Text Articles in Law
1996 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
1996 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 10
An Interview with Marci Hamilton, page 14
Custom, Currency, and Copyright: Aboriginal Art and the $10 Note, page 19
Cardozo at 20, page 23
Tort Reform: A Way to Protect Customers, page 28
Alumni News & Notes, page 30
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Stupid Lawyer Tricks: An Essay On Discovery Abuse, Charles M. Yablon
Articles
No abstract provided.
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
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 …
Eighteenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Eighteenth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Pre-2019 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 …
1996 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law
1996 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 10
An Interview with Barry Scheck: On cameras, judges, & O.J., page 14
Prosecutor Practicum Melds Theory and Practice, page 18
An excerpt from The Day the Presses Stopped, page 20
Cardozo in Jerusalem, page 30
Alumni News & Notes, page 32
The Jerusalem Embassy Act, Malvina Halberstam
1996-1997, Benjamin N. Cardozo School Of Law
Preface, Michel Rosenfeld
Habermas And The Postal Rule, Peter Goodrich
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Security Interests On Exempt Property After The 1994 Amendments To The Bankruptcy Code, David G. Carlson
Articles
No abstract provided.
Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder
Never Jam To-Day: On The Impossibility Of Takings Jurisprudence, Jeanne L. Schroeder
Articles
No abstract provided.
Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld
Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas's Proceduralist Paradigm Of Law, Michel Rosenfeld
Articles
No abstract provided.
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Articles
No abstract provided.
Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky
Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky
Articles
In a recent issue of the Florida Tar Review, Professor Deborah Geier added yet another chapter to the running commentary on the Albertson's litigation, using that case to demonstrate her theories of statutory purpose and to criticize, in particular, statutory textualism as she conceives of it. Professor Geier correctly identifies the underlying issues in Albertson's-the role of statutory purpose, the differing institutional capacities of the Congress and the courts, fidelity to statutory text-but resolves those issues in ways that prompt me to rebuttal.
While I commend Professor Geier for her effort to explicate many important questions about the Code and …
Law And Order, Arthur J. Jacobson
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg
The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Exercise On Vichy Law, Richard H. Weisberg
Articles
No abstract provided.
It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg
It’S A Positivist, It’S A Pragmatist, It’S A Codifier! Reflections On Nietzsche And Stendhal, Richard H. Weisberg
Articles
No abstract provided.
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Car Wars: Valuation Standards In Chapter 13 Bankruptcy Cases, David G. Carlson
Articles
No abstract provided.
"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love
"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love
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.
Godtalk: Should Religion Inform Public Debate?, J. David Bleich
Godtalk: Should Religion Inform Public Debate?, J. David Bleich
Articles
No abstract provided.
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
An Introduction To Mandatory Hiv Screening Of Newborns: A Child’S Welfare In Conflict With Its Mother’S Constitutional Rights—False Dichotomies Make Bad Law, Paris R. Baldacci
Articles
No abstract provided.
"The Unconscious Is A Jurist": Psychoanalysis And Law In The Work Of Pierre Legendre, Peter Goodrich
"The Unconscious Is A Jurist": Psychoanalysis And Law In The Work Of Pierre Legendre, Peter Goodrich
Articles
No abstract provided.
Structures Of Environmental Criminal Enforcement, Michael Herz
Structures Of Environmental Criminal Enforcement, Michael Herz
Articles
No abstract provided.
Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld
Pragmatism, Pluralism, And Legal Interpretation: Posner's And Rorty's Justice Without Metaphysics Meets Hate Speech, Michel Rosenfeld
Articles
No abstract provided.
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Redemption And Reinstatement In Chapter 7 Cases, David G. Carlson
Articles
No abstract provided.
Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman
Aba Regulation Of Contingency Fees: Money Taks, Ethics Walks, Lester Brickman
Articles
No abstract provided.
Use And Abuse Of Section 704(C), Laura Cunningham
"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz
"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz
Articles
Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Articles
No abstract provided.