Commercial Law Commons^™

First Amendment Protection For False Commercial Speech By A Publisher Regarding The Truthfulness Of Its Publication: A Response To Litigation Arising Over James Frey's A Million Little Pieces, Jason Kessler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Regulating Professional Services Advertising: Current Constitutional Parameters And Issues Under The First Amendment Commercial Speech Doctrine, R. Michael Hoefges

Cardozo Arts & Entertainment Law Journal

No abstract provided.

On-Line But Out Of Touch: Analyzing International Dispute Resolution Through The Lens Of The Internet, Benjamin J.C. Wolf

Cardozo Journal of International and Comparative Law

The note explores the evolution and challenges of international dispute resolution, particularly arbitration, in the context of the internet's impact on global trade. It highlights how arbitration, while effective, faces new complexities such as jurisdictional disputes and enforcement difficulties due to the internet's borderless nature. The author argues that while arbitration remains a vital method for resolving international disputes, it must adapt to the unique challenges posed by digital transactions to ensure continued effectiveness.

Who Will Control Frankenstein?: The Korean Chaebol's Corporate Governance, Jeong Seo

Cardozo Journal of International and Comparative Law

In a chaebol, because a dominant family exercises control with only a small equity-holding, a sharp disparity exists between cashflow rights and voting rights. The controller reduces managerial agency costs but creates his own agency costs. Furthermore, the disparity exacerbates the controller's agency costs. Outsider shareholders' voting rights are ineffectual in eradicating this problem. Therefore, external monitoring devices over the chaebol controller are required.

Korea has relied on government regulation-including attempts to change chaebols' ownership structures-to address this problem. Unfortunately, without well-functioning capital markets, the regulation has proved ineffective. As observed in the SK scandal, a market for …

Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile

Cardozo Journal of Conflict Resolution

As the strategic economic partner of the Southern Mediterranean (MEDA) region, the European Union (EU) seeks to promote effective mechanisms of development through increased industrial cooperation in order to create a Euro-Mediterranean area of shared prosperity. The first Euro-Mediterranean Conference of Ministries of Industry, held in June of 1996 in Brussels, listed among its priority objectives 1) the formation of a fair judicial and administrative framework for investment; and 2) the establishment and support of Small and Medium Enterprises (SMEs) through the development of regional networks. However, recent reports on world trade and investment describe the MEDA region as an …

Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis

Cardozo Journal of Conflict Resolution

Due to its success during the last thirteen years, New York's Commercial Division in the state's Supreme Court has become the model for other states and countries seeking to establish a commercial division for their court systems. Before 1993, New York's state court system had its dockets clogged with commercial cases. Judges who heard commercial litigation cases often did not have the expertise or resources to handle them well or give them proper attention. As a result, New York businesses turned to Delaware's Chancery Court, federal courts, and private dispute resolution to resolve their disputes and avoid the New York …

Gibson V. Prs: The Applicability Of The Initial Interest Confusion Doctrine To Trademarked Product Shapes, Paul Anthony Marchisotto

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Eliminating The Below-Cost Pricing Requirement From Predatory Pricing Claims, Ari Lehman

Cardozo Law Review

No abstract provided.

Investor Protection And Foreign Investment Under Nafta Chapter 11: Prospects For The Western Hemisphere Under Chapter 17 Of The Ftaa, Jacqueline Granados

Cardozo Journal of International and Comparative Law

The article argues that adopting NAFTA-like investor protection provisions in the Free Trade Area of the Americas (FTAA) could significantly increase foreign direct investment (FDI) across the Americas, benefiting both investors and host countries. It emphasizes the importance of balancing investor rights with public interest considerations, such as environmental regulation, and highlights the need for clear definitions and procedural safeguards in the FTAA's investment chapter. The article also underscores the role of legal reforms and policy liberalization in Latin American and Caribbean countries (LAC) to maximize the agreement's potential benefits.

Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.

Medieval Church Norms And Fiduciary Duties In Partnership, Dennis J. Callahan

Cardozo Law Review

No abstract provided.

The Security Of Securitization And The Future Of Security, Thomas E. Plank

Cardozo Law Review

No abstract provided.

Chuck And Steve's Peccadillo, James J. White

Cardozo Law Review

No abstract provided.

The Death Of Secured Lending, Edward J. Janger

Cardozo Law Review

No abstract provided.

The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, Steven L. Harris, Charles W. Mooney Jr.

Cardozo Law Review

No abstract provided.

The New Iraq: Revising Iraq's Commercial Law Is A Necessity For Foreign Direct Investment And The Reconstruction Of Iraq's Decimated Economy, Judith Richards Hope, Edward N. Griffin

Cardozo Journal of International and Comparative Law

The article examines the legal reforms implemented by the Coalition Provisional Authority (CPA) in post-conflict Iraq, particularly CPA Order No. 39, which liberalizes foreign investment. These reforms are crucial for attracting foreign direct investment (FDI) to revive Iraq's economy, which has been devastated by war, sanctions, and central planning. The article highlights the importance of creating a stable legal environment, including equal treatment for foreign and domestic investors, streamlined corporate governance, and adherence to international standards. However, it also points out gaps in protections against confiscation and the need for further reforms in areas such as business immigration and tax …

The Past, Present And Future Of Debtor-In-Possession Financing, David A. Skeel Jr.

Cardozo Law Review

No abstract provided.

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …

Uncitral, Its Workings In International Arbitration And A New Model Conciliation Law, William K. Slate Ii, Seth H. Lieberman, Joseph R. Weiner, Marko Micanovic

Cardozo Journal of Conflict Resolution

"The [UNCITRAL] was created by the General Assembly in 1966 to enable the United Nations to play a more active role in reducing or removing legal obstacles to the flow of international trade." The U.N. recognized that various economic and legal differences existed between States. These differences were the source of many of the problems that hindered the advancement of an integrated international trade system. "The General Assembly considered it desirable that the process of harmonization and unification of the law of international trade be substantially coordinated, systemized, accelerated, and that a broader participation by States be secured."

The Logical Structure Of Fraudulent Transfers And Equitable Subordination, David G. Carlson

Articles

No abstract provided.

Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.

Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

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.

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …

Clear Signatures, Obscure Signs, Adam White Scoville

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Controlling Corporate Agency Costs: A United States-Israeli Comparative View, Zohar Goshen

Cardozo Journal of International and Comparative Law

The article examines the differing approaches to addressing corporate agency costs in the United States and Israel, highlighting how each country's legal frameworks and market mechanisms respond to distinct agency problems. In the U.S., the "management problem" arises from the separation of ownership and control, whereas Israel faces the "control problem" due to the concentration of ownership. The analysis underscores how the prevalence of these issues influences the adoption of voluntary vs. mandatory solutions.

The Rotten Foundations Of Securitization, David G. Carlson

Articles

No abstract provided.

Commercial Speech On The Internet: Spain And The First Amendment, Joshua A. Marcus

Cardozo Arts & Entertainment Law Journal

No abstract provided.

“Like Master, Like Man”: Constructing Whiteness In The Commercial Law Of Slavery, 1800-1861, Ariela J. Gross

Cardozo Law Review

In 1836, Leonard Wideman bought a slave named Charles from Jonathan Johnson, paying in part with a $100 note. Not long after, Johnson sued Wideman in the Circuit Court of Abbeville, South Carolina for failing to pay his note. In defense, Wideman argued that he should not have to pay Charles's price because Johnson had fraudulently represented Charles to be sober, honest, and humble, when, in fact, he was insubordinate, vicious, a drunkard, and a runaway. The trial turned not only on Charles's character, but also on the character of his masters: Johnson, Wideman, and others who had previously owned …