Law Commons^™

The Use Of Advance Fee Attorney Retainer Agreements In Bankruptcy: Another Special Law For Lawyers?, Lester Brickman, Jonathan Klein

Articles

From the time that the first lawyers set foot in what is now the United States, society has engaged in efforts to regulate lawyers' fees, including fees received from clients in bankruptcy proceedings. Lawyers, in turn, have been engaged in continuing efforts to: secure their self-interests, aggrandize their role in society, be free of societally imposed constraints on their fees and activities, and carve out an ever larger area of exclusive domain. Although lawyers have not fared as well in their recent efforts to extend the scope of their monopoly by the use of statutes that prohibit the unauthorized practice …

The Trustee’S Strong Arm Power Under The Bankruptcy Code, David G. Carlson

Articles

No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

Articles

The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

Alamarin V. Idf Commander In Gaza Strip, Gavriel Bach, Shlomo Levin, Mishael Cheshin

Translated Opinions

Facts: The son of the petitioner was arrested by the police after the murder of fifteen-year-old Helena Rapp. He confessed to the murder, and in his statement to the police he said that he decided to kill the girl because he did not have work.

Following the murder, the respondent decided to exercise his authority under the Defence (Emergency) Regulations, 1945, under which he is authorized to destroy a building inhabited by a person who committed an offence involving violence, and he ordered the destruction of the house where the murderer lived, namely the house of the petitioner.

In the …

1992 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

Order of Exercises

Processional:

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

Egon Brenner, Executive Vice President; Chief Marshal

Presiding:

Norman Lamm, President

Israel Miller, Senior Vice President

The National Anthem:

Cantor Ira W. Heller

Invocation:

Rabbi Jerome Dattelkramer, Congregation Tree of Life, Valley Stream, New York

Welcome:

Frank J. Macchiarola, Dean

Commencement Address:

Hon. Judith S. Kaye, Judge, New York Court of Appeals

Remarks:

Dr. Miller

Jacob Burns, Chairman, Board of Directors, Benjamin N. Cardozo School of Law

Alumni Greetings:

Noah J. Gordon, Class of 1986

Remarks:

Victoria Anne Kummer, Class of 1992

Awards and Honors:

Dean Macchiarola …

Competition Among Municipalities As A Constraint On Land Use Exactions, Stewart E. Sterk

Articles

The article examines the limitations of competition among municipalities in constraining the abuse of land use exactions and impact fees, arguing that while competition provides some checks, it is insufficient to prevent distortions in land markets. It critiques the Tiebout hypothesis, which assumes that intermunicipal competition leads to efficient allocation of public goods, and highlights how monopoly power in certain land uses undermines this theory. The analysis emphasizes the need for legal constraints to address the exploitation of landowners and ensure exactions align with the external costs of development.

Naiman V. Attorney General, Meir Shamgar, Dov Levin, Yaakov Malz

Translated Opinions

Facts: In 1971, the appellants’ father bequeathed to the appellants an apartment, subject to the stipulations that the apartment could not be sold or leased for a period exceeding twelve months, and that any member of his family who came to Israel would be entitled to stay or live in the apartment. In 1974, the appellants applied to the court to sell the apartment, but their application was denied by the trial court and on appeal. In 1990, the applicants applied once again to the court to sell the apartment, arguing, inter alia, that considerations of public policy should …

1992 Cardozo Life (Spring), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Once again, ITAP Makes a Lifelong Impression, page 1

International Law Careers Focus of Day at Cardozo, page 1

Faculty News, page 2

With the Help of Our Friends, page 2

The 1L and the Chief Judge, page 3

January Grads Celebrate, page 3

Mentors Feted, page 3

Alumni News, page 4

Mark Your Calendar: Events Upcoming At Cardozo, page 5

The Road To Repose: Limitations On Avoidance Actions In Chapter 11 Via 11 U.S.C. § 546(A)(2), Paul David Brusiloff

Cardozo Law Review

No abstract provided.

Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields

Cardozo Law Review

No abstract provided.

Comprehensive References And Indexes, Volume 13 (1991-1992)

Cardozo Law Review

No abstract provided.

Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman

Articles

The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …

Table Of Contents - Cardozo Law Review, Volume 13, Issue 6

Cardozo Law Review

No abstract provided.

Introduction

Cardozo Law Review

No abstract provided.

The Asbestos Litigation Crisis: Is There A Need For An Administrative Alternative?, Lester Brickman

Cardozo Law Review

No abstract provided.

A Critical Analysis Of The Brickman Administrative Proposal: Who Declared War On Asbestos Victims’ Rights?, Ronald L. Motley, Susan Nial

Cardozo Law Review

No abstract provided.

Asbestos Personal Injury Compensation And The Tort System: Beyond “Fix It Cause It’S Broke”, Andrew T. Berry

Cardozo Law Review

No abstract provided.

A View From The Judiciary, Jack B. Weinstein

Cardozo Law Review

No abstract provided.

Comment On The Asbestos Claims Management Act Of 1991, Howard D. Samuel

Cardozo Law Review

No abstract provided.

Fashioning A National Resolution Of Asbestos Personal Injury Litigation: A Reply To Professor Brickman, Deborah R. Hensler

Cardozo Law Review

No abstract provided.

Comments On The Brickman Proposal For An Adminstrative Solution To The Asbestos Litigation Crisis, G. Marvin Bober

Cardozo Law Review

No abstract provided.

Environmental Review In The Land Use Process: New York’S Experience With Seqra, Stewart E. Sterk

Cardozo Law Review

No abstract provided.

The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer

Cardozo Law Review

No abstract provided.

The Asbestos Claims Management Act Of 1991: A Proposal To The United States Congress, Lester Brickman

Cardozo Law Review

No abstract provided.

Framing The Compensation Inquiry, Elizabeth Rolph

Cardozo Law Review

No abstract provided.

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

Autopoiesis And Positivism, Richard Weisberg

Cardozo Law Review

No abstract provided.

An Excerpt From When Lawyers Write, Richard H. Weisberg

Articles

No abstract provided.

The Hegelian Revival In American Legal Discourse, David G. Carlson

Articles

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 13, Issue 5

Cardozo Law Review

Issue Title: Closed Systems and Open Justice: The Legal Sociology of Niklas Luhman

Under the auspices of the Jacob Burns Institute for Advanced Legal Studies together with the German Academic Exchange Service and Goethe House New York.