Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Bankruptcy Law (27)
- Dispute Resolution and Arbitration (25)
- Entertainment, Arts, and Sports Law (22)
- International Law (21)
- Contracts (20)
-
- Securities Law (20)
- Banking and Finance Law (16)
- Communications Law (13)
- First Amendment (13)
- International Trade Law (13)
- Intellectual Property Law (12)
- Constitutional Law (9)
- Comparative and Foreign Law (8)
- Courts (8)
- Jurisprudence (8)
- Torts (8)
- Conflict of Laws (6)
- Jurisdiction (6)
- Legal Ethics and Professional Responsibility (6)
- Science and Technology Law (6)
- Antitrust and Trade Regulation (5)
- Business Organizations Law (5)
- Law and Economics (5)
- Legal History (5)
- Legal Profession (5)
- Legal Remedies (5)
- Legislation (5)
- Secured Transactions (5)
- Keyword
-
- Commercial Law (32)
- Bankruptcy (12)
- Uniform Commercial Code (11)
- Commercial Code (10)
- Bankruptcy Law (9)
-
- Credit (6)
- Legal Practice and Procedure (6)
- Securities (6)
- Business and the Law (5)
- Security Interests (5)
- Commercial Speech (4)
- Contracts (4)
- Creditors (4)
- Securities Law (4)
- Banking and Finance Law (3)
- Constitutional Law (3)
- First Amendment (3)
- International Law (3)
- Investment (3)
- Liens (3)
- Property--Personal and Real (3)
- Remedies (3)
- Torts (3)
- Advertising (2)
- Automobiles (2)
- Courts (2)
- Crimes Against Property (2)
- Due Process (2)
- Fourteenth Amendment (2)
- Jurisdiction (2)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 139
Full-Text Articles in Commercial Law
Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert
Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert
Cardozo Arts & Entertainment Law Journal
This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a "prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless …
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Reasonable Standards For Contract Interpretations Under The Cisg, Donald J. Smythe
Cardozo Journal of International and Comparative Law
The United Nations ("UN") Convention on Contracts for the International Sale of Good ("CISG") offers the promise of harmonizing international sales law and facilitating international trade and global commerce. But there is a "homeward trend bias" that may encourage domestic courts to construe the gaps in the CISG broadly and fill them with non-uniform domestic legal rules. Questions about contract interpretation under the CISG raise the same concerns about a homeward trend bias as questions about the interpretation of express CISG provisions. The CISG has express provisions governing contract interpretation but their application may not provide an unambiguous interpretation. This …
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts, Sarah Laval
A Comparative Study Of Party Autonomy And Its Limitations In International Contracts, Sarah Laval
Cardozo Journal of International and Comparative Law
No abstract provided.
Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder
Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder
Articles
Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of uses. For example, economists at the Fed and other central banks have suggested that they should encourage the evolution of bitcoin’s blockchain protocol which might allow financial transactions to clear much efficiently than under our current systems. As such, it also holds out the possibility of becoming that …
"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel
"Commercial Peacemaking"-The New Role Of The International Commercial Arbitration Legal Order, Tamar Meshel
Cardozo Journal of Conflict Resolution
International commercial arbitration (ICA) has risen to prominence over the past several decades as the most efficient and effective mechanism for resolving cross-border disputes between commercial entities, and has long been considered by the international business community as "the normal means of settling disputes arising from international transactions." ICA offers disputing parties an accessible, neutral, and private mechanism that is distinct from any specific national legal system; a "kind of social jurisdiction, opposed to State jurisdiction." It has thus been considered by some to constitute a specialized international regime, a form of "transnational" or "global" governance, or an autonomous legal …
Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation, James R. Coben
Barnacles, Aristocracy And Truth Denial: Three Not So Beautiful Aspects Of Contemporary Mediation, James R. Coben
Cardozo Journal of Conflict Resolution
Like any fairy tale, the Sleeping Beauty story has many variations. Most are far more complicated and sinister than the Disneyesque version that the public is familiar with. The same is true with mediation. On the surface, it is a beautiful story-self-determination, mediator neutrality, and party empowerment. In practice, especially in litigated cases, something else quite dark is actually transpiring: parties are literally locked away from one another. Mediators routinely testify and often actively "assist parties" to see the world as the mediators and the parties' lawyers do. Settlement is a prime directive and driving force. Institutionalization through statute and …
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Mediation: The Best And Worst Of Times, Jacqueline Nolan-Haley
Cardozo Journal of Conflict Resolution
At this period in the evolution of dispute resolution, mediation is in a unique time zone, similar to what Dickens described in a Tale of Two Cities, as the best and worst of times, the seasons of Light and Darkness. It is the best of times, the season of Light and a time of joy in honoring human connections, as mediation is widely embraced in the public and private sectors. From government agencies and courts to corporations and United Nations peacemaking units, mediation offers a vision of hope in the midst of drowning bureaucracies, clogged dockets, corporate scandals and …
The Art Market Down Under: A Case Study Of Australian Aboriginal Art Market Regulation And U.S. Art Market Implications, Daniel Day
Cardozo Journal of International and Comparative Law
The note examines the contrasting regulatory landscapes of the U.S. and Australian art markets, highlighting how excessive regulation can inadvertently harm market value and artist livelihoods. It argues that while the U.S. art market operates with minimal federal oversight, Australia’s heavily regulated indigenous art market has suffered unintended consequences, such as weakened sales and increased market supply. The analysis serves as a cautionary tale for the U.S. as it considers stronger regulation of its own art market.
The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf
The Truth About Truth Commissions: Why They Do Not Function Optimally In Post-Conflict Societies, Matiangai V.S. Sirleaf
Cardozo Law Review
Almost forty years after the first truth commission convened and more than sixty-seven others have been employed, there is little clarity on how they contribute to their stated objectives and in which transitional contexts they succeed or fail. This Article uses data gathered from my field research in Ghana, Sierra Leone, and Liberia to develop a theoretical framework for understanding in which contexts truth commissions may be the most effective. Using insights from the legal transplant literature and applying it to the diffusion of truth commissions, this Article finds that truth commissions face greater challenges carrying out their mandates in …
Biased? Prove It: Addressing Arbitrator Bias And The Merits Of Implementing Broad Disclosure Standards, Lindsay Melworm
Biased? Prove It: Addressing Arbitrator Bias And The Merits Of Implementing Broad Disclosure Standards, Lindsay Melworm
Cardozo Journal of International and Comparative Law
The note examines the varying disclosure requirements for arbitrators in the United States and internationally, focusing on the standards for determining when an arbitral award may be vacated due to arbitrator partiality or bias. It highlights the tension between ensuring impartiality and maintaining the finality of arbitration decisions, advocating for broad initial disclosures to uphold the integrity and fairness of the process while preserving party autonomy.
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
International Commercial Arbitration, Anticipatory Repudiation, And The Lex Mercatoria, Kyle Winnick
Cardozo Journal of Conflict Resolution
The scope of this Note is thus two-fold: (1) to delineate the doctrine of anticipatory breach as it is currently under the lex mercatoria; and, (2) to evaluate and argue for its consistency in application by international arbitral tribunals. Section I-A discusses when arbitrators will choose to apply the lex mercatoria as the substantive law of the dispute. Section I-B explains the doctrine of anticipatory repudiation and discusses its inherent ambiguity. Section IC assesses the role of the CISG and the UNIDROIT Principles as a manifestation of the lex mercatoria. Section II-A explores the severability issue and an …
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel
Articles
The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.
Finding Reality In The Right Of Publicity, Lindsay Korotkin
Finding Reality In The Right Of Publicity, Lindsay Korotkin
Cardozo Law Review de•novo
This Note takes a critical look at the right of publicity in the context of the growth of the reality television industry and, for strong policy reasons, proposes a broad fair use defense to limit reality television stars’ right of publicity claims. Part I traces the formulation of the right to privacy at common law and the development of the right of publicity as a right distinct from privacy. Part II discusses whom the right of publicity protects, what reality television is, and how reality television stars are different from talent-based celebrities. Part III examines how broad publicity protection can …
A Tale Of Two Lawyers: How Arbitrators And Advocates Can Avoid The Dangerous Convergence Of Arbitration And Litigation, Neal M. Eiseman, John E. Bulman, R. Thomas Dunn
A Tale Of Two Lawyers: How Arbitrators And Advocates Can Avoid The Dangerous Convergence Of Arbitration And Litigation, Neal M. Eiseman, John E. Bulman, R. Thomas Dunn
Cardozo Journal of Conflict Resolution
When modern arbitration became popular in the United States in the 18th and 19th centuries, courts viewed it as a threat to their exclusive powers. Over time, that mindset has changed dramatically. The passage of the Federal Arbitration Act ("FAA") in 1926 embraced a federal policy strongly favoring arbitration as a method of relieving court congestion and providing parties with a speedier, less costly means of resolving disputes. Thereafter, agreements to arbitrate found their way into many standard form agreements and business contracts as arbitration became accepted as a bona fide alternative to litigating in court. Today, as litigators can …
Conflicts Between Arbitration Agreements And Arbitration Rules, Steven C. Bennett
Conflicts Between Arbitration Agreements And Arbitration Rules, Steven C. Bennett
Cardozo Journal of Conflict Resolution
Arbitration is a "creature of contract." As a result, under the Federal Arbitration Act ("FAA") and equivalent state laws, both the obligation to arbitrate and the specific terms under which arbitration will occur are typically determined by the agreement of the parties. In many instances, parties choose to adopt the rules of an arbitration-sponsoring organization such as the American Arbitration Association ("AAA"). But parties are also free to adopt their own ad hoc procedures (sometimes based on elements of the rules of an arbitration-sponsoring organization) or to use the rules of an arbitration-sponsoring organization as a base and modify those …
Affiliate Nexus In E-Commerce, Andrew J. Haile
Affiliate Nexus In E-Commerce, Andrew J. Haile
Cardozo Law Review
No abstract provided.
The Child Pornography Crusade And Its Net-Widening Effect, Melissa Hamilton
The Child Pornography Crusade And Its Net-Widening Effect, Melissa Hamilton
Cardozo Law Review
No abstract provided.
Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson
Cars In Chapter 13: Does Negative Equity Destroy The Jurisdiction Of The Hanging Paragraph, David G. Carlson
Articles
Roughly speaking, the “hanging paragraph” to Bankruptcy Code 1325(a), enacted in 2005, requires that a debtor pay the full debt on any automobile acquired within 910 days before bankruptcy – a boon for car financiers. Prior to 2005 the debtor had to pay only the appraised value of the car – usually a lesser amount. But the privilege bestowed on car financiers by the hanging paragraph depends on the financier providing “purchase money” credit. About one-third of the time, however, the financier advances funds to repay a prior car loan as part of the “trade-in” of an old vehicle for …
Chair's Message, Michael Herz
Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles
Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles
Cardozo Journal of Equal Rights & Social Justice
The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil
East Meets West: Introducing Sharia Into The Rules Governing International Arbitrations At The Bcdr-Aaa, Elana Levi-Tawil
Cardozo Journal of Conflict Resolution
As the size and complexity of international commercial transactions grow, parties to international commercial transactions are increasingly utilizing Alternative Dispute Resolution ("ADR") methods, specifically international commercial arbitration, to resolve the disputes that arise. However, since international commercial players first began to use international commercial arbitration to resolve these disputes, transnational recognition and enforcement of foreign arbitral awards has been a major issue. Since 1958, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention"), an agreement executed by the United Nation's General Assembly, has vastly expanded the recognition and enforcement of foreign arbitral …
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Knock It Off: An Analysis Of Trademark Counterfeit Goods Regulation In The United States, France, And Belgium, Kate Goldwasser
Knock It Off: An Analysis Of Trademark Counterfeit Goods Regulation In The United States, France, And Belgium, Kate Goldwasser
Cardozo Journal of International and Comparative Law
The note examines the legal standards for online platforms' liability regarding the sale of counterfeit goods in the US, France, and Belgium. It highlights the discrepancies in how each country applies contributory liability to platforms like eBay and advocates for consistent international regulations to address the growing issue of online counterfeit sales.
Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin
Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin
Cardozo Law Review
No abstract provided.
Commerce Flaws: "Taking Exception" With Garb V. Poland'S Misinterpretation Of The Commercial Activity And Takings Exceptions Of The Fsia, Joshua A. Kirstein
Commerce Flaws: "Taking Exception" With Garb V. Poland'S Misinterpretation Of The Commercial Activity And Takings Exceptions Of The Fsia, Joshua A. Kirstein
Cardozo Journal of International and Comparative Law
The Second Circuit's application of the Foreign Sovereign Immunities Act (FSIA) in the Garb case was flawed, as it incorrectly used the "core functions" test instead of the "legal characteristics" test. This led to the improper granting of sovereign immunity to Poland, denying justice to the plaintiffs in a Holocaust-era property dispute. The decision undermines the FSIA's intent and sets a concerning precedent.
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
The article critiques the state of legal academia, arguing that it has become mired in mediocrity and disconnected from the pursuit of justice and creative thinking. It contends that legal education and scholarly discourse have been stifled by a focus on narrow, unimaginative logic, leading to a decline in intellectual rigor and a failure to inspire meaningful change.
An Anthropologist's Approach To Mediation, Rebecca Golbert
An Anthropologist's Approach To Mediation, Rebecca Golbert
Cardozo Journal of Conflict Resolution
On October 31, 2008, the Dispute Resolution Section of the American Bar Association, in collaboration with AAA International Centre for Dispute Resolution, ACB Group-Netherlands, ADR Center-Rome, CEDR, CMAP, International Academy of Mediators, International Institute for Conflict Prevention & Resolution ("CPR"), JAMS, Netherlands Mediation Institute, and the International Mediation Institute, held its first International Mediation Leadership Summit. The Summit's setting-the Peace Palace in The Hague in the Netherlands-was both breathtakingly beautiful and evocative. The Summit's goals-guided by the leadership and vision of Section Chair Lela Love and former Chair Bruce Meyerson, as well as international partners Manon Schonewille and Giuseppe de …
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
The Beginning Of A New Age?: The Unconscionability Of The "360-Degree" Deal, Ian Brereton
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Sense And Sensibility In Securitization: A Prudent Legal Structure And A Fanciful Critique, Thomas E. Plank
Cardozo Law Review
No abstract provided.
Against Freedom Of Commercial Expression, Tamara R. Piety
Against Freedom Of Commercial Expression, Tamara R. Piety
Cardozo Law Review
No abstract provided.