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Articles 1 - 19 of 19
Full-Text Articles in Law
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Modified Plans Of Reorganization And The Basic Chapter 13 Bargain, David G. Carlson
Articles
A very large number of chapter 13 plans are confirmed each year. Unlike chapter 11 plans (for non-individuals), these plans may be revised after confirmation. The modification provisions of the Bankruptcy Code, however, give very little guidance as to what constitutes a permissible modification. In contrast, confirmation of the original plan is very carefully governed. This article theorizes that modification must honor the basic chapter 13 bargain. According to this bargain, the debtor is entitled to the bankruptcy estate and the creditors are entitled to net surplus income. The article assesses whether the diffuse and disorganized caselaw of modification adheres …
Thirty-First Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Thirty-First Annual Commencement Exercises, Benjamin N. Cardozo School Of Law
Pre-2019 Commencement Programs
Order of Exercises
Processional:
Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald
Presiding:
Morton Lowengrub, Provost and Senior Vice President for Academic Affairs, Yeshiva University; Chief Marshal
Richard M. Joel, President, Yeshiva University
National Anthem:
Cantor Ira W. Heller, Class of 2008
Invocation:
Rabbi Ozer Glickman, Adjunct Professor, Benjamin N. Cardozo School of Law
Welcome:
Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982
Remarks:
David Rudenstine, Dean, Benjamin N. Cardozo School of Law; Vice President for Legal Education, Yeshiva University
Commencement Address:
Justice Rosalie Silberman Abella, Supreme Court of …
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
The Paternalistic Ideology Of Erisa And Unforgiving Courts: Restoring Balance Through A Grand Bargain, Edward A. Zelinsky
Articles
No abstract provided.
2009 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law
2009 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law
Cardozo Life
Table of Contents:
Around Campus, page 3
Faculty Briefs, page 24
An Interview with Bernhard Schlink, page 34
“You shall love the stranger, for you yourselves were once strangers in the land of Egypt.”, page 40
Arguing Ashcroft v. Iqbal: A View from the Lectern, page 48
Their Defining Moments, page 52
Alumni News, page 58
The Chapter 13 Estate And Its Discontents, David G. Carlson
The Chapter 13 Estate And Its Discontents, David G. Carlson
Articles
Thirty years after the enactment of the Bankruptcy Code, the courts have yet to agree on a theory of the bankruptcy estate in Chapter 13 cases. This is not the fault of the courts. The Bankruptcy Code is contradictory as to the composition of the chapter 13 estate. This article selects one of four possible theories and defends it as the one that does the least violence to the plain meaning of the Bankruptcy Code.
This theory is referred to in this article as the "Divestment Theory," because it holds that, upon confirmation of a chapter 13 plan, the debtor …
Satellite Transponders And Free Expression, Monroe Price
Satellite Transponders And Free Expression, Monroe Price
Articles
No abstract provided.
Intellection And Indiscipline, Peter Goodrich
Intellection And Indiscipline, Peter Goodrich
Articles
A discipline will usually become the object of study and its relationship to other disciplines a moment of concern when its borders are precarious and its definition in dispute. Law, ‘the oldest social science’, is arguably both prior to discipline — it emerges initially and most forcefully as a practice — and without discipline, its object being potentially all human behaviour. If law is necessarily between and among disciplines, both prone to moonlighting and everywhere homeless, it will also always be in some mode of scholarly crisis. Certain conclusions follow. Law is paradoxically dependent upon other disciplines for its access …
Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani
Constitution On Ice: A Report On Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, Jaya Vasandani
Articles
No abstract provided.
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Articles
No abstract provided.
From The Chair, Lela P. Love
From The Chair, Lela P. Love
From The Chair, Lela P. Love
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward Stein
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward Stein
Articles
This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Eighth Amendment Gaps: Can Conditions Of Confinement Litigation Benefit From Proportionality Theory, Alexander A. Reinert
Articles
No abstract provided.
Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes
Copyright And Its Rewards, Foreseen And Unforeseen, Justin Hughes
Articles
Responding to Shyamkrishna Balganesh, Foreseeability and Copyright Incentives, 122 Harv. L. Rev. 1569 (2009)
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz
Articles
No abstract provided.
Some Thoughts On Judicial Reviewand Collaborative Governance, Michael Herz
Some Thoughts On Judicial Reviewand Collaborative Governance, Michael Herz
Articles
No abstract provided.
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Articles
There is an evolving crisis in the immigration courts and federal courts of appeals caused by the lack of quality representation for immigrants facing deportation. The problem is particularly acute for immigrants who are detained during their removal proceedings. As part of the Study Group on Immigrant Representation (Katzmann study group), the Subcommittee on Enhancing Mechanisms for Service Delivery undertook a case study of the institutional and legal barriers to quality legal representation for immigrants held at the Varick Street Detention Facility in New York City. Through this lens we hope to offer some useful insights into the core factors …
Daniel Arises: Notes (Such As 30 And 31) From The Schlagaground*, Richard H. Weisberg
Daniel Arises: Notes (Such As 30 And 31) From The Schlagaground*, Richard H. Weisberg
Articles
No abstract provided.