Law Commons^™

The Quest For Number One In College Football: The Revised Bowl Championship Series, Antitrust, And The Winner Take All Syndrome, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

Beyond the varying opinions and critiques of the BCS, a more fundamental issue regarding the system is whether it is legal. Specifically, does it violate the antitrust laws? This is not a specious question. The Senate Judiciary Committee conducted hearings on the legality of the BCS in October 2003, and the House Subcommittee on Commerce, Trade, and Consumer Protection conducted similar hearings in December 2005. Another important aspect of the BCS is its prominent place as a visual symptom of America's winner-take-all society. Is extreme competition, where everyone strives to be the best but very few actually achieve that goal, …

The Antitrust Legacy Of Justice William O. Douglas, C. Paul Rogers Iii

Faculty Journal Articles and Book Chapters

This Article will attempt to further define and refine Justice Douglas' antitrust philosophy by examining his written opinions and writings. It will then attempt to measure that philosophy's effect on the Supreme Court during his tenure and its contemporary impact in the context of the rapidly shifting antitrust doctrine of the last thirty years or so.

One Share, One Vote And The False Promise Of Shareholder Homogeneity, Grant M. Hayden, Matthew T. Bodie

Faculty Journal Articles and Book Chapters

Shareholder democracy has blossomed. The once moribund shareholder franchise is now critical in takeover contests, merger decisions, and board oversight. However, the mechanisms of this vote remain largely undertheorized. In this Article, we use voting rights and social choice theory to develop a new approach to the corporate franchise. Political democracies typically tie the right to vote to the level of a person's interest in the outcome of the election. Corporate democracies, on the other hand, tend to define the requisite institutional interest quite narrowly, and thus restrict the right to vote to shareholders alone. This restriction has found its …

Defense Perspectives On Law And Politics In International Criminal Trials, Jenia I. Turner

Faculty Journal Articles and Book Chapters

As international criminal trials become more prominent, a fundamental question persists about their purposes: Are the goals of international criminal trials primarily legal, similar to the objectives of domestic trials, or are they primarily political, such as helping communities heal and compiling an accurate record of the past? Courts and commentators often acknowledge both legal and political purposes of international criminal trials, but fail to prioritize among them. This paper examines the purposes of international criminal trials through the perspectives of an overlooked, but important, participant in these trials¿the defense attorney. Through personal interviews, scholarly articles, and case law, I …

Examining The Pipeline: A Contemporary Assessment Of Private Investments In Public Equity ('Pipes'), Marc I. Steinberg, Emmanuel Obi

Faculty Journal Articles and Book Chapters

This article analyzes the practical and theoretical underpinnings as well as recent regulatory developments impacting PIPEs. Specifically, the authors examine the traditional capital financing alternatives, primarily the registered offering and private placement option, the PIPE as a relatively new and emerging alternative to traditional avenues of capital formation, and the recent regulatory changes that are bound to have a tremendous impact on the long-term viability of the PIPE as a means for effectively raising capital. The authors conclude that, on balance, the PIPE, as a distinct capital financing mechanism, may be advantageous to both PIPE investors and affected issuers, particularly …

Disney Goes Goofy: Agency, Delegation & Corporate Governance, Marc I. Steinberg, Matthew D. Bivona

Faculty Journal Articles and Book Chapters

In the wake of the corporate debacles that have occurred in the last decade, there has been an increasing legislative and judicial focus on the reform of corporate governance standards. Such reforms, including the Sarbanes-Oxley Act, sing the praises of independent directors in effectuating meaningful corporate governance. The Delaware courts as well have emphasized the importance of independent directors in the corporate governance framework.

The Delaware Supreme Court’s decision in Disney seems to be a reaffirmance of the business judgment rule as applied to corporate directors; however, the court’s highly-publicized decision ignores a crucial component of the case: the Delaware …

Vladimir Putin And The Rule Of Law In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

During his two terms as President of Russia, did Vladimir Putin further the net development of a legal culture in Russia? This article is based on public lectures given in late 2007 and early 2008 at Oxford University, the Norwegian Institute of International Affairs (NUPI), and the Kennan Institute at the Woodrow Wilson International Center for Scholars.

This article examines three "windows" into the development of Russia's legal culture under Vladimir Putin: (1) the Second Chechen War; (2) Russian membership in the Council of Europe; and, (3) renewed efforts under Putin at codification of law, as evidenced by the creation …

Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also …

International Travel And The Constitution, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Article makes the case for the fundamental right of U.S. citizens to leave their country and return home again. Surprisingly, Americans do not enjoy such a right. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process. The controversial No Fly List is one result. Another is a new rule that went into effect in February 2008, under which all travelers now require the express prior permission of the U.S. Government to board any aircraft or maritime vessel that will enter or leave …

Choice Of Law In Veil Piercing Litigation: Why Courts Should Discard The Internal Affairs Rule And Embrace General Choice Of Law Principles, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

When a corporate creditor seeks to "pierce the corporate veil" to hold an individual shareholder personally liable for the corporation's obligations, a question is often presented as to which state's body of law should be applied to resolve the controversy. Most courts currently regard such a controversy as primarily an "internal affair" between the corporation and the shareholder that should be resolved by law of the state of incorporation. This article argues that this is an undesirable result that is based primarily upon an incorrect judicial interpretation of Section 307 of the Restatement (Second) of Conflicts of Law, and that …

Clarifying The Boundary Between The Parol Evidence Rule And The Rules Governing Subsequent Oral Modifications, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

In this article, the author analyzes the rules that govern the legal effectiveness of oral agreements that purport to modify written contracts. The article includes a discussion of four situations that raise difficult questions of whether oral agreements should be regarded as pre-written contract agreements (rather than as subsequent oral modifications) for purposes of the parol evidence rule. The author concludes that no doctrinal changes are called for in the contract formation timing rules currently applicable to these situations unless such changes are accompanied by broader judicial enforcement of no-oral-modification clauses.

Would It Be Unethical To Dump Radioactive Wastes In The Ocean? The Surprising Implications Of The Person-Altering Consequences Of Policies, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

This article examines whether policy-making is constrained by ethical obligations to future generations. While there is broad consensus that we have ethical obligations to implement policies that benefit distant future generations, the author deems it impossible to formulate a satisfactory rationale for this position based solely on conventional ethical premises. The author reaches this conclusion after considering the ethical implications of the pervasiveness of person-altering consequences.

Oregon Partner Law Blocked, Arthur S. Leonard

Other Publications

No abstract provided.

Academic Freedom Claim Nixed, Arthur S. Leonard

Other Publications

No abstract provided.

Immigrant Dom. Partners Lose, Arthur S. Leonard

Other Publications

No abstract provided.

What Hath Faith Wrought? (Book Review), Michael S. Ariens

Faculty Articles

A number of academic lawyers have explored the relationship of religion (and religious belief) and law. Ostensibly starting with the late Harold Berman’s The Interaction of Law and Religion, the “religious lawyering” movement evaluates the role religious faith has in how lawyers practice law. Extended by subsequent works such as Christian Perspectives on Legal Thought, the discussion has expanded beyond the question whether a religious lawyer is a contradiction.

This essay serves as a commentary on Robert F. Cochran’s Faith and Law: How Religious Traditions from Calvinism to Islam View American Law, a compilation of sixteen essays from legal academics …

A Gift Worth Dying For?: Debating The Volitional Nature Of Suicide In The Law Of Personal Property, Adam J. Macleod

Faculty Articles

Suicide poses difficult and foundational problems for the law. Those who most highly value personal autonomy, those who believe in the inviolability of human life, and those who remain uncommitted on end-of-life issues, all must settle challenging questions about suicide before advancing upon the more complex terrain of physician-assisted suicide, euthanasia, and infanticide. And the way in which a society fashions legal responses to suicidal choices reveals much about the society's cultural commitments and legal assumptions.

The bodies of insurance law, tort, and health care law are also among those areas of the law in which lawmakers reserve special exceptions …

The Glass Half-Full: A Rational/Radical Approach To Immigration Reform, Bill Piatt

Faculty Articles

The problems the United States faces in redirecting immigration policies cannot be successfully addressed by a quick fix immigration “reform.” The legal, economic, sociological, political, racial, and moral issues are too complex and have been largely unresolved. As a result, it is unrealistic to expect political leaders to develop an easy solution that will satisfy the myriad competing and conflicting concerns.

Most of the calls for reform are not issued by individuals completely aware of the extent of immigration regulation and of its impact on American society. Rather, calls come from those with relatively narrow interests from all ranges of …

The Chinese Takings Law From A Comparative Perspective, Chenglin Liu

Faculty Articles

When acquiring private property, governments may exercise one of three options: confiscation, consensual exchange, or eminent domain. Under the first approach, the government can confiscate private land without seeking consent from private owners and without paying compensation to them. Alternatively, under the consensual exchange approach, the government can only acquire private property through arm’s-length negotiations in an open market. It requires the government to obtain consent from private owners and pay mutually agreed purchase prices, determined by both the government as a willing buyer and private owners as willing sellers. The third approach is through eminent domain, which denotes when …

Ny Appeals Court Recognizes Canadian Marriage, Arthur S. Leonard

Other Publications

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 25, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconceptualizing Property In Designs, Orit Fischman Afori

Cardozo Arts & Entertainment Law Journal

No abstract provided.

"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Fantasy Sports: A Game Of Skill That Is Implicitly Legal Under State Law, And Now Explicitly Legal Under Federal Law, Jon Boswell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sabam V. S.A. Tiscali (Scarlet); District Court Of Brussels, No. 04/8975/A, Decision Of 29 June 2007, Fran Mady, Julien Bourrouilhou, Justin Hughes

Cardozo Arts & Entertainment Law Journal

SABAM v. Scarlett is a June 29, 2007 decision from a Belgian trial court ordering an ISP in that country to install filtering software to prevent the ISP's users from accessing unauthorized music downloads via peer-to-peer systems. The court made this order following an expert report on the feasibility of such filtering. The decision has generated a fair amount of controversy and this translation is intended to provide intellectual property teachers and practitioners with a citable, English source for the opinion. Users are welcome to reproduce the translation, in whole or in excerpts, for any non-profit educational, non-profit research, or …

All The News That's Fit To Split: Newspaper Mergers, Antitrust Laws And The First Amendment, Richard Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

[Networked] Memory Institutions: Social Remembering, Privatization And Its Discontents, Guy Pessach

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 26, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker

Cardozo Arts & Entertainment Law Journal

No abstract provided.