Law Commons^™

The Art Of Music Licensing. By Al Kohn And Bob Kohn, M. William Krasilovsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 12, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Programming Access And Other Competition Regulations Of The New Cable Television Law And The Primestar Decrees: A Guided Tour Through The Maze, David J. Saylor

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Film Labelling As A Cure For Colorization [And Other Alterations]: A Band-Aid For A Hatchet Job, David A. Honicky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Conservator Overreaching And The Art Owner: Contractual Protections Against The Overzealous Restoration Of Fine Art, Peter Adelman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fostering Development Of Advanced Telecommunications Technologies: The F.C.C., The Pioneer's Preference & Personal Communications Services, John Friedman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright In The 21st Century: Introduction, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Campbell V. Acuff-Rose: Justice Souter's Rescue Of Fair Use, Pierre N. Leval

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Role Of The Copyright Office: An Introduction, Howard B. Abrams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Waits V. Frito-Lay: The Song Remains The Same, Keith E. Lurie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Executive Summary: Intellectual Property And The National Information Infrastructure

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton

Articles

No abstract provided.

Audit Inquiry Letters And Discovery: Protection Based On Compulsion, Melissa D. Shalit

Cardozo Law Review

The Securities and Exchange Commission ("SEC") requires a public corporation to file quarterly and annual statements which describe the corporation's financial status. In order to comply with this requirement, the corporation hires an independent auditor to prepare accurate financial statements. The auditor must account for any event that may affect the client's financial status, including pending litigation. Therefore, in an "audit inquiry letter," the auditor requests the client-corporation to inform him of any outstanding claims and any pending or potential litigation. In this way, the auditor can include an accurate representation of his client's financial status in his report.

Table Of Contents - Cardozo Law Review, Volume 15, Issue 4

Cardozo Law Review

No abstract provided.

Administrative Agency Obsolescence And Interest Group Formation: A Case Study Of The Sec At Sixty, Jonathan R. Macey

Cardozo Law Review

A fundamental precept of American law and jurisprudence is that "laws must change to meet the needs of changing times." In particular, the common law system of judging was thought to constitute a uniquely effective mechanism for dealing with the demands posed by rapid change. As Guido Calabresi presciently has observed, during the nineteenth century judges "creatively manipulated and changed common law rules in reaction to changing circumstances," and thereby "the common law was openly and legitimately kept up to date." But, as Dean Calabresi has observed, times have changed. The United States has become a nation dominated by statutes …

The Sec And The Institutional Investor: A Half-Time Report, John C. Coffee Jr.

Cardozo Law Review

Nothing that the Securities and Exchange Commission ("SEC") has done in recent years has been as controversial or significant as its efforts to reform the proxy rules to permit greater communication among shareholders. Nothing that it has undertaken recently has also been left as incompletely or equivocally realized as these same efforts. That the SEC's efforts at facilitating shareholder communication have been controversial and significant is by now a commonplace observation. That they are incomplete and equivocal requires more explanation. Although the discovery that an agency is behaving inconsistently is hardly a revelation, more than politics appears to be at …

When Bad Things Happen To Good Companies: A Crisis Management Primer, Harvey L. Pitt, Karl A. Groskaufmanis

Cardozo Law Review

What to do next was a daunting question. In the fall of 1982, executives at Johnson & Johnson were confronted with the deaths of seven people, who had swallowed capsules of the company's Tylenol product which had been laced with cyanide. Tylenol was important to Johnson & Johnson. The painkiller accounted for nearly one-fifth of Johnson & Johnson's profits in 1981. Moreover, Tylenol's thirty-five percent market share represented a longterm marketing success; its active ingredient is a compound any company could produce. Yet, when it was discovered that the tampered products came from two different manufacturing plants, Johnson & Johnson …

Relational Investing And Agency Theory, Ian Ayres, Peter Cramton

Cardozo Law Review

This Article analyzes how, and when, corporate governance could be improved by utilizing "relational investing." The term relational investing is just coming into vogue and there does not yet seem to be a consensus on what it means. Although the term has been trumpeted on the cover of Business Week, before the Conference on Relational Investing at Columbia University, relatively little legal writing had been published on the subject.

Poethics, Christians, Jews, Law, Milner S. Ball

Cardozo Law Review

No abstract provided.

The Problem Of Theory In Poethics, L. H. Larue

Cardozo Law Review

I have been disagreeing with my friend Richard Weisberg for some time now; indeed, our friendship first got started because of our disagreements. When Weisberg published The Failure of the Word, I was asked to do a review. I sent him a manuscript before the publication; he responded in a letter that was courteous in tone yet firm in disagreement; and I gained the benefit of being able to make some last minute changes that improved my review.

Reading Poethics, Robert Weisberg

Cardozo Law Review

The advent of law-and-literature scholarship, or at least the pronouncement of Law and Literature as a major new scholarly enterprise, reflects a general tendency in our culture to look to literature as a source of spiritual renewal, as a means of reclaiming a vaguely defined but emotionally evocative legacy. Such a turn to literature for renewal is ironic, since, as Richard Poirier points out, it is literature itself whose internal troubles seem to best reflect the various types of alienation, malaise, and disbelief which are said to distress modern culture. In that regard, it may be more appropriate to look …

Poethics: And Other Strategies Of Law And Literature, Serge Gavronsky

Cardozo Law Review

Thus Jacques Derrida begins his essay on the social sciences with a quote from Montaigne to the effect that we need to interpret interpretations more than we need to interpret things. In his own time, Montaigne could have been especially sensitive to such a deciphering since the definitions of truth were being challenged through philosophic/theological mediations. Rather than war and fratricidal conflicts in a country torn by religious wars, Montaigne proposed a culturally relativist reading of history, thereby recasting the concept of the "outsider" as well as the nature of the language within which these observations were to be made. …

The True Story: Response To Five Essayists, Richard Weisberg

Cardozo Law Review

Several of the writers on Poethics have generously suggested that I respond to their thoughts about the book. No reviewer has objected to the idea. I might have abstained were it not for the passion with which each of their essays has been penned. Whether they agree or disagree with me-or, better still, whether they launch into whole new areas of exploration-these writers merit our careful readings.

The Failure Of The Act: Conceptions Of The Law In The Merchant Of Venice, Bleak House, Les Miserables, And Richard Weisberg’S Poethics, Daniel H. Lowenstein

Cardozo Law Review

Richard Weisberg is a leading participant in the academic subfield known as "Law and Literature," which is dedicated to what Weisberg aptly describes as "the delightful task of associating two major human enterprises: establishing justice and telling stories."In his most recent book, Poethics: And Other Strategies of Law and Literature, Weisberg attempts to provide, "more systematically . . . than elsewhere," a "guidebook to Law and Literature theory and practice." Several of the chapters in Poethics were written for other occasions and previously published; accordingly, it is no surprise that Weisberg succeeds more in demonstrating his critical acuity, the …

A Rose May Not Always Be A Rose: Some General Partnership Interests Should Be Deemed Securities Under The Federal Securities Acts, Jonathan M. Sobel

Cardozo Law Review

The primary federal securities acts ("securities acts"), enacted during the Great Depression, were remedial in purpose, designed to restore investor confidence by protecting investors from speculative and fraudulent schemes of promoters. Congress included many financial instruments in the definition of a security. However, if an investment is not one of the financial instruments expressly enumerated in the statute, it may still be deemed a security if it is found to fall within the catchall category of "investment contracts." General partnership interests are not among the statutorily enumerated securities. What is more, courts tend to presume that general partnership interests (unlike …

Corporate Public Disclosure: Primer For The Practitioner, Stephen J. Schulte

Cardozo Law Review

The parameters of corporate disclosure have evolved over the years in response to shifting regulatory, administrative, and judicial requirements and interpretations. Corporate executives are currently faced with a broad array of legal principles that apply to a public company's disclosure of material information.

This Article focuses on voluntary disclosure, as distinguished from statutorily-mandated disclosure, and evaluates the impact of principal cases, rules, and interpretations on such disclosure. Part I summarizes the scheme of regulated disclosure promulgated by the Securities Act of 1933, as amended ("Securities Act"),' the Securities Exchange Act of 1934 ("Exchange Act")2 (herein, the "Acts"), and the principal …

Masthead, Volume 16 (1994-1995)

Cardozo Law Review

No abstract provided.

Controlling The Dark Side Of Relational Investing, Edward B. Rock

Cardozo Law Review

This season's candidate for shareholders' champion is the "relational investor." If only more investors would take large positions and then carefully and patiently work with managers to maximize long-term value, corporations would thrive, takeovers would be unnecessary, and we would grow rich or at least richer. Others have focused on the possibilities and patterns. In this Article, I focus on some of the problems.

The Illegitimacy Of The Extrajudicial Source Requirement For Judicial Disaqualification Under 28 U.S.C. § 455(A), Adam J. Safer

Cardozo Law Review

According to 28 U.S.C. § 455(a), a judge shall disqualify himself from presiding over "any proceeding in which his impartiality might reasonably be questioned." Judicial disqualification under § 455(a) arises from a number of disparate situations, including a judge's financial conflict of interest and a judge's appearance of bias or prejudice. This Note focuses on judicial disqualification for bias under § 455(a) and the questionable legitimacy of a judicially created doctrine known as the "extrajudicial source requirement." The extrajudicial source requirement allows a judge to deny a disqualification motion based on bias if the judge's alleged bias arises solely from …

Table Of Contents - Cardozo Law Review, Volume 15, Issue 3

Cardozo Law Review

No abstract provided.