Law Commons^™

The Weight Of Intangible Property And Its Laws, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Hail To The Chief: Former Law Clerks For William Rehnquist Recall What They Learned And How He Touched Their Lives, Craig M. Bradley, Laura E. Little, John C. Englander, Celestine Richards Mcconville

Articles by Maurer Faculty

Chief Justice William H. Rehnquist, who died Sept. 3, is remembered for his disarming warmth and humor, breadth of knowledge about the law, and insistence that there is life outside the office. Few knew him better than the legions of clerks who tolled with and learned from him. Indeed, the sheer number who attended his funeral testifies to how highly he was regarded. Here, four former clerks from the decades of the 1970s, '80s and '90s write about their own particular memories of the late chief justice.

Diversity: A Fundamental American Principle, David Orentlicher

Scholarly Works

In this article, Professor David Orentlicher argues that following the U.S. Supreme Court's affirmative action decisions in June 2003, both the Court in its defense of diversity and the commentators in their critiques of the diversity rationale have misjudged the public interest in diversity . Rather than having insufficient weight to justify affirmative action or reflecting a limited educational interest, diversity is a critical principle for much of American constitutional and social structure. In particular, the federalist system of government rests in large part on the belief that a diversity of approaches by the fifty states will lead to better …

An Idea Whose Time Should Never Have Come, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Teaching Tax Stories, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

Addressing Imperfections In The Tax System: Procedural Or Substantive Reform?, Leandra Lederman, Stephen W. Mazza

Articles by Maurer Faculty

In his book "Perfectly Legal: The Covert Campaign to Rig Our Tax System to Benefit the Super Rich - and Cheat Everybody Else", David Cay Johnston, the Pulitzer Prize-winning reporter for the New York Times, covers a wide array of topics, including some that are quite complex, in a very readable way. The federal income tax system generally and tax compliance in particular are important focuses of the book, but the theme that implicitly connects chapters that otherwise appear unrelated is a variety of aspects of income inequality.

Although "Perfectly Legal" does not make a clear case that politicians and …

Decanal Haiku, Nancy B. Rapoport

Scholarly Works

Musings on the life of a law school dean.

Enron And The New Disinterestedness - The Foxes Are Guarding The Henhouse, Nancy B. Rapoport

Scholarly Works

Discussion of the 2005 amendments to the U.S. Bankruptcy Code as those changes relate to conflicts of interest of investment bankers.

Table Of Contents - Cardozo Law Review, Volume 26, Issue 2

Cardozo Law Review

No abstract provided.

Constitutional Law As Political Spoils, William P. Marshall

Cardozo Law Review

No abstract provided.

But I Was Just A Kid!: Does Using Juvenile Adjudications To Enhance Adult Sentences Run Afoul Of Apprendi V. New Jersey?, Douglas M. Schneider

Cardozo Law Review

No abstract provided.

Appellate Court Appointments In The Second Bush Administration, Carl W. Tobias

Law Faculty Publications

Prof. Tobias discusses the renominations by President George W. Bush of twelve candidates for the United States courts of appeals, all previously opposed by Democratic senators during the President's initial term. Likely reasons and predicted consequences for these renominations are offered.

Anatomy Of An Oral Argument, Rodney A. Smolla

Law Faculty Publications

No abstract provided.

The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

Judging Art, Christine Farley

Scholarly Articles in Law Reviews & Journals

What is art? Surprisingly, this question is addressed in various places in the law. At these junctures, courts typically attempt to avoid making a judgment. Indeed, the law generally resists any definition of art. The reasons given for this are that these determinations are too subjective for the courts and that judges lack proper training and expertise. Thus, the doctrine of avoidance is the most stable and explicitly stated proposition to be found in these encounters. However, the question of whether an object is a work of art for treatment under the law is often unavoidable. This question gets resolved …

Teaching Problem-Solving Lawyering: An Exchange Of Ideas, Mark N. Aaronson, Stefan H. Krieger

Faculty Scholarship

No abstract provided.

Rethinking Rights In Biospace, Robin Feldman

Faculty Scholarship

No abstract provided.

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lessons From The World Trade Center For Open Space Planning Generally And Boston's Big Data Specifically, Mary Clark

Scholarly Articles in Law Reviews & Journals

This paper looks to several land use planning issues at stake in both the World Trade Center redevelopment and Central Artery/ Tunnel Project, offering some lessons for the future of public open space planning with respect to the inºuence of the press, the centrality of politics, the urgency of addressing public and private claims of land ownership, the need to engage the public, and seizing the opportunity to create new public transportation links.

The Struggle For Music Copyright, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

Inspired by passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Ironically, although music publishers and recording companies are among the most aggressive advocates for strong copyright in music today, music publishers in eighteenth-century England resisted extending copyright to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was originally far more circumscribed than …

Trade As Guarantor Of Peace, Liberty And Security? The Role Of Peace In The Bretton Woods Institutions, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Causation By Presumption? Why The Supreme Court Should Reject Phantom Losses And Reverse Broudo, John C. Coffee Jr.

Faculty Scholarship

Over a quarter of a century ago, Judge Henry Friendly coined the term "fraud by hindsight" in upholding the dismissal of a proposed securities class action. As he explained, it was too simple to look backward with full knowledge of actual events and allege what should have been earlier disclosed by a public corporation in its Security and Exchange Commission (SEC) filings. Because hindsight has twenty/twenty vision, plaintiffs could not fairly "seize [] upon disclosures" in later reports, he ruled, to show what defendants should have disclosed earlier.

Today, a parallel concept – "causation by presumption" – is before the …

Allan Farnsworth, Ali Reporter, Lance Liebman

Faculty Scholarship

For my five years as Dean of Columbia Law School, I only occasion-ally worked with Professor Farnsworth. He was not a faculty member who needed the Dean's help or wanted the Dean's attention. But once he came to my office, a mischievous twinkle in his eye, to share the news that on that day, the recorded number of citations to Farnsworth on Contracts had moved into first place among all legal publications, displacing Williston.

Resegregation In Public Education, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Keep Your Hands Off My (Dead) Body: A Critique Of The Ways In Which The State Disrupts The Personhood Interests Of The Deceased And His Or Her Kin In Disposing Of The Dead And Assigning Identity In Death, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Thwarting Ethical Violations With Web Site Disclaimers, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Keeping Up Appearances: A Process-Oriented Approach To Judicial Recusal, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Evidence Destroyed, Innocence Lost: The Preservation Of Biological Evidence Under Innocence Protection Statutes, Cynthia Jones

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.