Law Commons^™

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

Articles

No abstract provided.

Sex, Power And Silliness: An Essay On Ackerman's Reconstructing American Law, Alan D. Freeman, John H. Schlegel

Cardozo Law Review

No abstract provided.

Garnishment Payments: Voidable Preferences In Bankruptcy?, Susan J. Samuels

Cardozo Law Review

No abstract provided.

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.

Not-So-Critical Legal Studies, Stephen Diamond

Cardozo Law Review

No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Rules And Standards In Kennedy's Form And Substance, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Masthead, Volume 7 (1985-1986)

Cardozo Law Review

No abstract provided.

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.

Standby Letters Of Credit And Fraud (Is The Standby Only Another Invention Of The Goldsmiths In Lombard Street?), John F. Dolan

Cardozo Law Review

No abstract provided.

The Voidability Of Security Interests In Tax Refunds Under Section 547 Of The Bankruptcy Code, Howard Kern

Cardozo Law Review

No abstract provided.

Text And Intellect, Monroe E. Price

Articles

The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.

A Response To Fish And White, Richard H. Weisberg

Articles

The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.

Israel British Bank V. Estate Of Nathan Williams, Shlomo Levin, Miriam Ben-Porat, Shoshana Netanyahu

Translated Opinions

The appeal turns on the question as to when the cause of action arises, for the purposes of limitation of actions, in a suit brought by a bank against its customer and founded on a debit balance in a current account: on the date the debit balance came into existence or on the date of the demand for payment.

Held by the Supreme Court:

A.      (1)     All of the terms, upon which a particular indebtedness is conditional, must be complied with in order to vest in the other party to a contract the right to claim its discharge. That is …

Kossoy And Filco V. Bank Feuchtwanger Ltd, Aharon Barak, Shlomo Levin, Dov Levin

Translated Opinions

The appeal is centred on the question of the liability of shareholders of a bank who sold their shares knowing that the bank's funds would be used to finance the acquisition of the shares and that it would endanger the existence of the bank, and on the question of the liability of the directors of the bank, who allowed the aforesaid sale of the shares.

Held by the Supreme Court:

A.      (1)     The director is the "brain" and "nerve center" of the company's activities. He acts in its name towards outsiders and manages its affairs internally.

          (2)     For some purposes, …

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.

Flatto-Sharon V. State Of Israel, Dov Levin, Moshe Bejski, Shoshana Netanyahu

Translated Opinions

The Appellants in the appeal and cross appeal of the judgment given by the Magistrate's Court were convicted for conspiracy to commit a felony pursuant to section 499 of the Penal Law, 5737-1977, and for election bribery under section 122(1) of the Knesset Election Law [Consolidated Version], 5729-1969. This followed a campaign for election to the Knesset whereby their faction included a promise to provide housing at low rental and on convenient terms in apartments which Appellant No. 1 would purchase with his own funds and with funds of investors over whom he enjoyed personal influence. It was also held …

1984 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 Sherwood Goffin, Lincoln Square Synagogue, New York

Invocation:

Rabbi Marvin J. Sugarman, Shaarey Zedek Congregation, North Hollywood, California

Welcome:

Monroe E. Price, Dean

Commencement Address:

Edward I. Koch, Mayor, City of New York

Conferring of Degrees:

Dean Price

Musical Interlude

Announcements:

Dr. Miller

Alumni Greetings:

Rosemary Claire Byrne, Cadwalader, Wickersham & Taft; Class of 1980

Awards and Honors:

Dean Price

Jacob Burns

Remarks:

Ralph Jules Reissman, Class …

Temple Mount Loyalists Society V. Police Commander Of The Jerusalem Region, Aharon Barak, Shlomo Levin, Hannah Evenor

Translated Opinions

The petition concerned the Respondent’s refusal to permit the Petitioners to pray beside the western entrance to the Temple Mount (the Mughrabi Gate) on Jerusalem Day, out of concern that conducting prayer at that particular site would lead to a breach of public order.

The High Court of Justice held:

A. (1) The right to assemble and demonstrate is a basic human right in Israel. It is not an absolute right, but rather a relative right, and when it comes into conflict with other rights or interests, it must, at times, retreat in accordance with an appropriate balancing formula.

(2) …

Amit V. Southern District Police Commander, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …

Levi V. Commander Of The Southern District Of The Israeli Police, Aharon Barak, Dov Levin, Shoshana Netanyahu

Translated Opinions

The Petition centred on the Respondent's refusal to permit the Petitioners - who petitioned the Court on behalf of the "Committee Against the War in Lebanon" - to hold a demonstration and procession to mark the thirtieth day of the death of the late Emil Greenzweig, who had been killed in the course of a demonstration held by the "Peace Now" movement. The Police Commissioner's reasons for his refusal were his apprehension, that what had happened before in the demonstration held by "Peace Now" was likely to happen again, and that if it did, the police would be unable to …

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.

Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg

Articles

The article explores the intersections of law and literature, focusing on the proceedings of a 1983 symposium that brought together scholars, practitioners, and literary critics to examine how legal themes and values are depicted in Southern literature, particularly in the works of William Faulkner. The symposium addressed three key areas: the depiction of lawyers and legal doctrine in literature, the exploration of human rights and values through literary perspectives, and the application of literary criticism to legal interpretation. By analyzing these themes, the article highlights the growing field of Law and Literature and its potential to enrich both legal and …

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

Articles

The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.

Contempt And The Automatic Stay Of The 1978 Bankruptcy Code: Are They Compatible, J. Steven Feldman

Cardozo Law Review

No abstract provided.

1984-1985, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

Women's Annotated Legal Bibliography Staff, Vol. 1 (1984)

Women's Annotated Legal Bibliography

No abstract provided.

Scope And Features

Women's Annotated Legal Bibliography

No abstract provided.

Acknowledgements

Women's Annotated Legal Bibliography

No abstract provided.