Law Commons^™

The Visual Artists Rights Act Of 1990: American Artists Burned Again, Robert J. Sherman

Cardozo Law Review

This Note explores those sections of VARA which specify the conditions under which a visual artist may waive the protection granted by the 1976 Copyright Act. Specifically, it discusses the waiver provisions which address the most troublesome protected works-works of art that are incorporated into buildings. Part I of this Note explains the evolution of droit moral doctrine in European copyright law, the role it plays in the Berne Convention, and a comparison between its application in Europe and the United States. Part II presents a discussion of the United States accession to the Berne Convention and the hurdles to …

The Journey Into Activism, Bernhard Schlink

Cardozo Law Review

In Anna Karenina, Leo Tolstoy teaches us that all happy families are alike and only unhappy families are different. It is the same with courts that engage in constitutional review. All happy constitutional courts, that is, all happily activist constitutional courts are alike and only those that do not play an activist role are different.

United Mizrahi Bank V. Migdal Cooperative Village, Aharon Barak, Gavriel Bach, Eliezer Goldberg, Dov Levin, Eliahu Mazza, Tzevi Eliyahu Tal, Itzchak Zamir, Meir Shamgar, Mishael Cheshin

Translated Opinions

The Family Agricultural Sector (Arrangements) Law was adopted by the Knesset in 1992, as part of an attempt to rehabilitate Israel’s agricultural sector following a severe economic crises. To that end, the law established a body called the “rehabilitator,” which was granted broad authority to settle, restructure and cancel debts that had been created up to the end of 1987. In 1993, the Knesset found it necessary to intervene again, and amended the law. Among other changes, the Family Agricultural Sector (Arrangements) (Amendment) Law, 5753-1993, redefined the debts subject to the law, and extended the applicable time period so that …

Miller V. Minister Of Defence, Eliahu Mazza, Dalia Dorner, Tova Strasberg-Cohen, Yaakov Kedmi, Tzevi Eliyahu Tal

Translated Opinions

Facts: The petitioner asked the army to assign her to the air force for training as a pilot. The army refused, since it was established policy not to train women as pilots. The army’s reasoning was based on the length of service: by law, men are obliged to serve until the age of 54, whereas women are only obliged to serve until the age of 38, and they are exempt if they are pregnant or have children. Consequently, the army argued, the huge investment involved in training a pilot could not be justified for women, and planning for the deployment …

The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

Chix Nix Bundle-O-Stix: A Feminist Critique Of The Disaggregation Of Property, Jeanne L. Schroeder

Articles

Jeanne Schroeder's article critiques the traditional "bundle of sticks" metaphor of property theory, arguing that it erodes property's unity and essence. She integrates insights from Hegel and Lacan to propose a more cohesive understanding of property, emphasizing its role in mediating human interactions and freedom. Schroeder challenges gendered power dynamics in property theory and advocates for a feminist reimagining of property that transcends outdated metaphors.

1995 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Ruth Bader Ginsburg Acts as Chief Justice on International Constitutional Panel, page 1

25 Cardozo Alums Admitted to Supreme Court Practice, page 1

An Interview with Professor William F. Patry, page 1

Cardozo News, page 2

Faculty News & Publications, page 3

Commencement '95, page 3

Alumni News, page 4

Calendar of Events 1995-96, page 6

Nonrefundable Retainers: A Response To Critics Of The Absolute Ban, Lester Brickman, Lawrence A. Cunningham

Articles

In the short span of time since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. The alacrity with which the New York rule is being embraced may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Not only has there been a sharp decline …

Masthead, Volume 17 (1995-1996)

Cardozo Law Review

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 17, Issue 1

Cardozo Law Review

No abstract provided.

The Ethics Of Witness Coaching, Richard C. Wydick

Cardozo Law Review

This Article focuses on the ethics of coaching cooperative lay witnesses (not adversary witnesses or expert witnesses). It discusses mostly United States law, but the problems it discusses exist also in England and other nations that use the common law adversary system. As used here, "witness coaching" means conduct by a lawyer that alters a witness's story about the events in question. Usually witness coaching occurs when a lawyer is interviewing a witness in the course of investigating the facts of the case or when a lawyer is preparing a witness to testify at a deposition or trial. Interviewing a …

A New Use For An Old License: Who Owns The Right?, Barbara D. Griff

Cardozo Law Review

In order to establish this referential background, this Note begins in Part I with a look at historic new use cases focusing on whether a grant of dramatic rights included motion picture rights, whether a grant of silent motion picture rights included rights to talkies, and whether motion picture rights included television rights. Part I continues with a survey of the current landscape and provides an overview of cases involving a grant of motion picture or television rights seeking to include videocassette rights when the original contract was signed prior to the invention or popularization of the video cassette recorder …

She’S Gotta Have It Now: A Qualified Rape Crisis Counselor-Victim Privilege, Euphemia B. Warren

Cardozo Law Review

This Note analyzes the justifications for a testimonial privilege for communications between a rape victim and her counselor. More importantly, it contends that a qualified privilege sufficiently protects the counselor-victim relationship and the rape victim's need for confidentiality, while at the same time securing the defendant's Sixth Amendment rights. This Note endorses a qualified privilege that requires a specific showing by the defendant that the information he seeks might be helpful to his case before the trial judge will conduct an in camera inspection of the confidential rape counseling records. In the in camera review, the judge will determine whether …

[email protected] - “Owning A Bitchin’ ” Corporate Trademark As An Internet Address - Infringement?, James West Marcovitz

Cardozo Law Review

Is the unauthorized use of a famous trademark as an Internet address infringement? In other words, to what extent may an individual, business, or corporation use another's trade or service mark. The Lanham Act prohibits the use of "any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services ... [which] is likely to cause confusion" as to the source of the goods or services in question. This Note examines whether the Lanham Act, in its current form, can be used to enjoin the …

Assembling A Theory Of Infringement: Third Party Liability Based On In Vivo Production Of Patented Pharmaceuticals, Eitan Alexander Ogen

Cardozo Law Review

This Note addresses the novel and still unresolved issues raised by the facts underlying Zenith. Part I describes the patent law system and its importance to the pharmaceutical industry. Part II discusses statutory interpretation issues raised by Zenith, relating to direct infringement and associated third party liability, as they pertain to the metabolic processes of living beings. Part III analyzes these issues in light of the existing case law. Part IV integrates the discussion by proposing a set of factors to be weighed in analyzing infringement actions against third parties that is consistent with the prevailing jurisprudence, the …

Rents In Bankruptcy, David G. Carlson

Articles

The article examines the treatment of rent receivables in bankruptcy proceedings, focusing on the tension between secured creditors' rights and the trustee's powers. It argues that rent receivables should be treated as security interests rather than absolute transfers to prevent unfair forfeitures and ensure debtors can use these funds for reorganization under adequate protection.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 3, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

A Comparative Analysis Of Internal Controls On The Transfer Of Waste Within The E.U. And U.S., Christopher J. Foreman

Cardozo Journal of International and Comparative Law

The article examines the legal frameworks governing the interstate and international movement of waste, focusing on the tension between environmental protection and free trade. It highlights how the U.S. Supreme Court has consistently struck down state laws that discriminate against out-of-state waste under the Commerce Clause, emphasizing the need for nondiscriminatory solutions. In contrast, the European Union prioritizes environmental protection and self-sufficiency, allowing restrictions on waste movement under specific conditions. The article suggests that a more coherent framework is needed to balance these competing interests effectively.

Legal And Practical Considerations In Structuring Business Transactions In India For The Conference Entitled: India Power, Mark J. Riedy

Cardozo Journal of International and Comparative Law

No abstract provided.

Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg

Cardozo Journal of International and Comparative Law

No abstract provided.

An Eu Lawyer's Right To Practice Throughout The European Union, Diane M. Venezia

Cardozo Journal of International and Comparative Law

The note examines the progress and challenges in integrating the legal profession within the European Union, emphasizing the need for further harmonization to achieve a truly unified legal market. While EU law, including the EEC Treaty and subsequent directives, has established the right of lawyers to practice across Member States, significant barriers remain due to nationalistic attitudes and inadequate integration measures. The analysis highlights the importance of moving beyond mutual recognition toward a more proactive approach to integration, drawing parallels with the U.S. model and advocating for structural reforms to ensure the free movement of legal services.

The Ec Regulation On Waste Shipment: In Conflict With The Free Market And Contrary To Environmental Comparative Advantage, John Ansbro

Cardozo Journal of International and Comparative Law

The note examines the conflict between the European Community's (EC) waste shipment regulation and free market principles, arguing that while the regulation aims to protect the environment, it inadvertently creates market distortions and may lead to increased environmental harm. The regulation, influenced by the Basel Convention, prioritizes environmental protection over free trade, potentially undermining the EC's internal market and causing unintended economic and environmental consequences.

1995 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement

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 …

Power, Responsibility, And Republican Democracy, Marci A. Hamilton

Articles

No abstract provided.

Attorney General V. National Labour Court, Dov Levin, Mishael Cheshin, Tzevi Eliyahu Tal

Translated Opinions

Facts: The second petitioner, the Bezeq Corporation, had a monopoly in the field of providing telephone services in Israel. When the Government decided to allow competition in this field, the General Federation of Labour feared that the restriction of the monopoly would affect the jobs and rights of Bezeq’s employees, and it therefore gave notice of a strike. The petitioners applied to the Regional Labour Court for an injunction against the strike. The injunction was given, but the National Labour Court overturned it on appeal. The petitioners then petitioned the High Court of Justice to set aside the judgment of …

State Of Israel V. Apropim, Aharon Barak, Dov Levin, Eliahu Mazza

Translated Opinions

Facts: Because of large-scale immigration from the countries of the former Soviet Union, the appellant wished to encourage the speedy building of residential apartments. This was done within the framework of a ‘Programme Contract’, which gave incentives to builders in the form of a State guarantee to buy apartments that were not sold on the open market, and it provided for sanctions in the event of delays. The incentives were particularly significant in development areas, where the State undertook to buy all the apartments that were not sold on the open market. However, the contract was drafted carelessly, and it …

Accountability And Mandates: Redefining The Problem Of Federal Spending Conditions, Edward A. Zelinsky

Articles

No abstract provided.

Debt Collection As Rent Seeking, David G. Carlson

Articles

The article presents an economic theory of debt collection, arguing that it can be viewed as a form of rent-seeking behavior where creditors extract wealth without adding economic value. The author, David Gray Carlson, posits that legal frameworks such as Article 9 of the Uniform Commercial Code and bankruptcy laws are crucial in preventing local monopolies and promoting a competitive national credit market. These mechanisms reduce information asymmetry and prevent local creditors from exploiting debtors, thereby benefiting debtors and fostering economic efficiency.

Benjamin Nathan Cardozo The Teacher, Joseph W. Bellacosa

Cardozo Law Review

The forty-seventh Cardozo Memorial Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on November 9, 1994.