Contracts Commons^™

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.

Second Class Athletes: The Usoc's Treatment Of Its Paralympians, Jason Kroll

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Civil Rights Liability Of Private Entities, Barbara Kritchevsky

Cardozo Law Review

No abstract provided.

Limiting The Autonomy Of Cooperative Apartment Corporation Governing Boards, John L. Barone

Cardozo Public Law, Policy & Ethics Journal

The article argues that proposed legislation requiring cooperative apartment corporation governing boards to provide written explanations for rejecting applicants undermines the business judgment rule, which protects boards' autonomy as long as they act in good faith. This rule, supported by cases like Levandusky v. One Fifth Avenue Apartment Corp. and Weisner v. 791 Park Avenue Corp., shields boards from liability unless bad faith or discrimination is shown. The article contends that the legislation would erode this protection, potentially leading to increased litigation and weaker governance.

Private Protection Of Patentable Goods, Jonathan M. Barnett

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, …

Specters Of Nietzsche: Potential Futures For The Concept Of The Political In Agamben And Derrida, Adam Thurschwell

Cardozo Law Review

No abstract provided.

Contracts Of Convenience: Preventing Employers From Unilaterally Modifying Promises Made In Employee Handbooks, Brian T. Kohn

Cardozo Law Review

No abstract provided.

"Buyer's Regret" No Longer: Drafting Effective Mac Clauses In A Post-Ibp Environment, Sherri L. Toub

Cardozo Law Review

No abstract provided.

The Cure And Reinstatement Of Mortgages By Third Party Assignees, Arthur J. Margulies

Cardozo Law Review

No abstract provided.

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Cardozo Law Review

No abstract provided.

Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Securities Regulation As Lobster Trap: A Credible Commitment Theory Of Mandatory Disclosure, Edward Rock

Cardozo Law Review

What functions does the existing mandatory disclosure system serve? In this Article, I argue that the existing SEC system can be understood as providing issuers with a mechanism for making a credible commitment to high quality, comprehensive disclosure for an indefinite period into the future. This credible commitment device is particularly useful to new domestic issuers and to foreign issuers seeking to tap the U.S. capital markets. This credible commitment justification explains the striking but little discussed practical and formal asymmetry between the ease of entry into the SEC system and the difficulty of exit from it. I then consider …

Secrecy In Law And Science, Jack B. Weinstein, Catherine Wimberly

Cardozo Law Review

No abstract provided.

Income Tax Assessor V. Sadot, Izhak Englard, Shlomo Levin, Tova Strasberg-Cohen, Theodor Or, Aharon Barak

Translated Opinions

Facts: Respondents 2 and 3 were partners in the ‘Sadot’ Partnership.  These two partners established a corporation, Sadot Transportation Company (1982) Ltd., and transferred all the assets and obligations of the partnership to this company, allocating the Company’s shares to the respondents at an identical proportion to their holdings in the original partnership.

These partnership assets included trucks. The dispute between the parties relates to the characterization of the transfer of these trucks from the partnership to the company The respondents presented this transfer as free of gain, while the income tax assessor believes that the transfer of assets …

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.

Preserving The Collaborative Spirit Of American Theater: The Need For A "Joint Authorship Default Rule" In Light Of The Rent Decision's Unanswered Question, Paulette S. Fox

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman

Cardozo Law Review

No abstract provided.

Harmful Remedies: Optimal Reformation Of Anticompetitive Contracts, Michal S. Gal

Cardozo Law Review

Current law and economics literature identifies two main types of errors courts can make in applying antitrust law. Courts may erroneously label conduct as anticompetitive even though competition is not harmed. Alternatively, courts may fail to identify, and thus fail to attack, anticompetitive conduct. This Article focuses on a third possible error - where a court correctly identifies anticompetitive conduct, but its mode of interference, i.e., its prescribed remedy, harms competition. It analyzes this error in the context of anticompetitive contract reformation. Such error occurs, for example, where a court has chosen one reformation option that is less efficient and …

The Consequences Of Doj Control Of Litigation On Agencies' Programs, Michael E. Herz, Neal Devins

Articles

No abstract provided.

Aes Systems V. Sa'ar, Aharon Barak, Eliezer Rivlin, Theodor Or

Translated Opinions

Facts: Appellant No.1 developed independent computer word processing systems. Appellant no. 2 was the exclusive distributer of the systems in Israel, and also provided its customers in Israel with maintenance and repair services. The respondent had been an employed by the appellant as a computer technician, and had at the time of his employment, signed both an agreement not to compete with the appellant in anything related to the marketing and repair of Linear systems, as well as an “Agreement to Protect Confidentiality,” according to which he was obligated to maintain the absolute confidentiality of information that he may obtain …

The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is "Pitched," A Studio Can Never Obtain All Copyrights In The Story, Michael H. Davis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Law Of Partner Expulsions: Fiduciary Duty And Good Faith, Paula J. Dalley

Cardozo Law Review

No abstract provided.

Honey, I Shrink-Wrapped The Consumer: The Shrink-Wrap Agreement As An Adhesion Contract, Batya Goodman

Cardozo Law Review

No abstract provided.

Great Expectations? A Contract Law Analysis For Preclusive Corporate Lock-Ups, Paul L. Regan

Cardozo Law Review

No abstract provided.

Daaka V. Carmel Hospital, Dorit Beinisch, Theodor Or, Tova Strasberg-Cohen, Aharon Barak, Shlomo Levin, Mishael Cheshin, Izhak Englard

Translated Opinions

Facts: Appellant was admitted to the hospital for an operation on her left leg, and she signed a consent form agreeing to the operation. Two days later, after being placed on the operating table and receiving sedatives in advance of undergoing anesthesia, she was asked to sign a consent form for a biopsy operation on her right shoulder. She did so, and the biopsy was performed and did not reveal malignancy. After being released from the hospital, her shoulder remained stiff. Appellant sued the hospital for negligence, claiming negligence in failing to receive her informed consent, in the decision to …

Deshet V. Eliyahu, Shlomo Levin, Jacob Turkel, Eliahu Mazza

Translated Opinions

Facts: The deceased left a will devising his estate to his sons, to be distributed among them only after the death of their mother. The sons renounced their gift under the will and, together with their mother and sister (who had not been provided for in the will), sought to inherit their intestate share by law. The executrices of the will objected.

Held: Justice Levin, with Justice Turkel concurring, held that the sons’ renunciation was clearly designed to frustrate the condition set by the will for their inheritance, namely that they would inherit only after their mother’s death. As a …

Peripheral Perspectives On Musical Orders, Hanne Petersen

Cardozo Law Review

No abstract provided.

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 …

Commentaries, Gregory Fox

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey