Banking and Finance Law Commons^™

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.

The Newness Of New Technology, Monroe E. Price

Cardozo Law Review

No abstract provided.

The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg

Cardozo Journal of International and Comparative Law

The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.

Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky

Articles

In their response to my article in this symposium issue of the Buffalo Law Review, Peter Orszag and Norman Stein advance their analysis of cross-testing, new comparability and the nondiscrimination norm. I write this brief rejoinder both to clarify the areas of our disagreement and to complete our dialogue.

Ziggy Stardust Reborn: A Proposed Modification Of The Bowie Bond, Adam Grant

Cardozo Law Review

No abstract provided.

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.

Timing Corporate Disclosures To Maximize Performance-Based Remuneration: A Case Of Misaligned Incentives?, Charles M. Yablon, Jennifer Hill

Articles

This Article takes a close look at the potential misalignment of interests created by managers' traditional discretion over the timing and content of corporate disclosures and managers' new incentives, created by performance-based compensation, to utilize that discretion to maximize the value of their own compensation. It examines recent studies that strongly suggest that CEOs are manipulating disclosure to increase their own compensation. It then considers the various ways such manipulation can occur, concluding that all but the most egregious forms of disclosure manipulation by management are either legal or effectively insulated from legal redress. The Article then examines the rationales …

The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen

Articles

The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.

International Trade And Commerce: A Bridge For The Israelipalestinian Peace, Amir H. Khoury

Cardozo Journal of International and Comparative Law

The article examines the legal and economic framework governing trade between Israel and the Palestinian Authority (PA), emphasizing the critical role of trade in advancing the peace process. While the Declaration of Principles on Interim Self-Government Arrangements (DOP) and the Economic Protocol established foundational principles for economic cooperation, ambiguities in these agreements and practical challenges, such as border closures, hinder effective trade relations. The article argues that addressing these issues is essential to fostering economic interdependence and mutual benefit, which are key to sustaining peace and coexistence between Israelis and Palestinians.

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Financial Underside To The Holocaust Litigation, Robert A. Swift

Cardozo Law Review

No abstract provided.

Dormant Accounts In Swiss Banks: The Independent Committee Of Eminent Persons, Paul A. Volcker

Cardozo Law Review

No abstract provided.

The Legal And Regulatory Climate For Investment In Post-Apartheid South Africa: An Historical Overview, Jennifer Frankel

Cardozo Journal of International and Comparative Law

The note examines the transformation of South Africa's legal and economic landscape post-apartheid, highlighting the country's efforts to liberalize its foreign investment policies. While significant progress has been made, challenges such as foreign exchange controls and equity swaps continue to deter foreign investment.

The Essays Of Warren Buffett: Lessons For Corporate America, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.

Agency Principles And Large Block Shareholders, Deborah A. Demott

Cardozo Law Review

No abstract provided.

Buffett, Corporate Objectives, And The Nature Of Sheep, Henry T.C. Hu

Cardozo Law Review

No abstract provided.

Dividends, Noncontractibility, And Corporate Law, William W. Bratton

Cardozo Law Review

No abstract provided.

Revisiting The Anti-Takeover Fervor Of The '80s Through The Letters Of Warren Buffett: Current Acquisition Practice Is Clogged By Legal Flotsam From The Decade, Dale Arthur Oesterle

Cardozo Law Review

No abstract provided.

The Human Corporation: Some Thoughts On Hume, Smith, And Buffett, Lawrence E. Mitchell

Cardozo Law Review

No abstract provided.

Reflections On The Pricing Of Shares, Robert W. Hamilton

Cardozo Law Review

No abstract provided.

Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Role Of A Central Bank In A Bubble Economy, Geoffrey P. Miller

Cardozo Law Review

In recent years, price bubbles appear to have developed in the real estate markets in several developed economies, including the United States, Australia, the United Kingdom, the Nordic countries, and Japan. Often these price increases in land have been accompanied by rapid run-ups in the price of equity securities in the domestic market. Because of the importance of real estate and equity security prices to economic activity, real estate and share price bubbles can damage the economy if they break and lead to price crashes.

Schrodinger’S Cat, Eugenics, And The Compulsory Sterilization Of Welfare Mothers: Deconstructing An Old/New Rhetoric And Constructing The Reproductive Right To Natality For Low-Income Women Of Color, Beverly Horsburgh

Cardozo Law Review

In Part I of this Article, I briefly trace the history of racism, sexism, and class bias in western scientific thought as well as the legal consequences that ensued in this country from scientific prejudice. In Part II, I turn to eugenics in our own time and explore the sterilization abuse of poor women of color as a disguised form of eugenics. I argue that the lack of popular sympathy for the reproductive problems of these women, due to their negative dehumanizing stereotyping and the pervasive influence of sociobiology, facilitates public acceptance of harsher measures in the future. I refer, …

The Mortgage Contingency Clause: A Trap For The Residential Real Estate Purchaser Using A Mortgage Broker, Craig Steven Delsack

Cardozo Law Review

Mr. and Mrs. Buyer found the perfect apartment to purchase to start their life together as husband and wife. The seller's attorney prepared the sales contract by filling in the blanks of a standard residential real estate form contract. Both parties signed the contract and the Buyers delivered a check representing a ten percent earnest money deposit. The contract contained a mortgage contingency clause permitting the Buyers to cancel the contract in the event that the Buyers could not, after applying for a loan from an institutional lender, obtain a mortgage with a ninety percent loan ratio. To save time …

Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard

Cardozo Law Review

The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …

Developments In Trading Claims: Participations And Disputed Claims, Chaim J. Fortgang, Thomas Moers Mayer

Cardozo Law Review

The two years since our last paper on trading claims' have seen an explosion in the market for claims against Chapter 11 debtors. More institutions are involved in buying, selling, and brokering claims than ever before. Goldman, Sachs & Company, Salomon Brothers Inc., Lazard Freres & Company, Inc., and Kidder Peabody & Company have joined Oppenheimer & Company, and Bear, Stearns & Company as established Wall Street houses making markets in distressed claims. Commercial banks such as First National Bank of Chicago, ING Bank, and Citibank, N.A. now buy and sell bank claims against distressed debtors.

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.

Taking Interest In A Cure: Compensation For Time Value Of Chapter 13 Residential Mortgage Arrears, Jonathan S. Fields

Cardozo Law Review

No abstract provided.

Corporations, Shareholders, And The Environmental Agenda, Nell Minow, Michael Deal

Cardozo Law Review

No abstract provided.