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Articles 271 - 300 of 335
Full-Text Articles in Contracts
El-Al Israel Airlines V. Danielowitz, Aharon Barak, Dalia Dorner, Yaakov Kedmi
El-Al Israel Airlines V. Danielowitz, Aharon Barak, Dalia Dorner, Yaakov Kedmi
Translated Opinions
Facts: The first respondent, who is employed by El-Al as a flight attendant, has a stable relationship with another man. Under a collective agreement, El-Al gives every permanent employee a free aeroplane ticket, every year, for that employee and his/her spouse (husband or wife). Under a collective arrangement, a free ticket is also given to a companion recognized publicly as the employee’s husband/wife. The first respondent asked El-Al to give him a free ticket for his companion, but his request was denied.
Held: (Majority opinion — Vice-President A. Barak, Justice D. Dorner) Not giving the respondent a free ticket for …
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Will The Copyright Office Be Obsolete In The Twenty-First Century?, Pamela Samuelson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
The Role Of The Copyright Office In The Age Of Information, Eric Schwartz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Conservator Overreaching And The Art Owner: Contractual Protections Against The Overzealous Restoration Of Fine Art, Peter Adelman
Conservator Overreaching And The Art Owner: Contractual Protections Against The Overzealous Restoration Of Fine Art, Peter Adelman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Eximin Sa V. Itel Style Ferarri, Meir Shamgar, Yaakov Malz, Eliezer Goldberg
Eximin Sa V. Itel Style Ferarri, Meir Shamgar, Yaakov Malz, Eliezer Goldberg
Translated Opinions
Facts: the appellant bought 3,000 pairs of denim boots from the respondent for a customer of the appellant in the United States. The boots had a pocket on which a letter ‘V’ was sewn. When the boots reached the United States, they were detained in customs because the design violated a trade mark registered in the United States.
The issue in dispute was: who was responsible for ignoring the question of whether the design involved a breach of a registered trade mark?
Held: (Majority opinion — President M. Shamgar, Justice Y. Malz) Since both parties knew of the possibility that …
Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or
Levy V. Mabat Building Ltd, Meir Shamgar, Dov Levin, Theodor Or
Translated Opinions
Facts: The appellants bought an apartment from the respondent. The apartment suffered from water penetration and the respondent failed to make effective repairs. After several years the appellants sued the respondent in the District Court for rescission of the contract, restitution of the purchase price and damages. The District Court found that the appellants were entitled to rescind the contract.
The main issue in the appeal was the ruling of the District Court that the appellants must pay the respondent a sum of $16,000 for use of the apartment during the years that they lived in it. The appellants argued …
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Restraints On Alienation Of Human Capital, Stewart E. Sterk
Articles
No abstract provided.
An Exception To The Levandusky Business Judgment Rule: Owner And Shareholder Interests In Condominium And Cooperative Board Decisions, Randolph C. Gwirtzman
An Exception To The Levandusky Business Judgment Rule: Owner And Shareholder Interests In Condominium And Cooperative Board Decisions, Randolph C. Gwirtzman
Cardozo Law Review
No abstract provided.
Remembering John Appel, Paul M. Shupack
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Bankruptcy And Subleases: The Depravity Of Privity, Rhonda S. Berliner
Cardozo Law Review
No abstract provided.
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Setting The Fee When The Client Discharges A Contingent Fee Attorney, Lester Brickman
Articles
The bold and precedent-setting case of Martin v. Camp endowed the attorney-client relationship with the legacy of the "client discharge rule"; it provides that a client can discharge his attorney at any time without cause and without penalty. The predicate of the rule is that trust and confidence are essential features of the attorney-client relationship. If that trust and confidence dissipate, the client should not be forced to continue to confide in and rely upon that attorney. Accordingly, the client should not be penalized financially if he elects to change attorneys. The discharged attorney, precluded from realizing the contingent percentage …
The Idea Of A Legal Unconscious, Arthur J. Jacobson
The Idea Of A Legal Unconscious, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Cardozo Law Review
No abstract provided.
On The Author Effect: Recovering Collectivity, Martha Woodmansee
On The Author Effect: Recovering Collectivity, Martha Woodmansee
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Nationwide Service Of Process In State Courts, David Carlebach
Nationwide Service Of Process In State Courts, David Carlebach
Cardozo Law Review
No abstract provided.
Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus
Buchwald V. Paramount Pictures Corp. And The Future Of Net Profit, Adam J. Marcus
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Badlands: Artist-Personal Manager Conflicts Of Interest In The Music Industry, Hal I. Gilenson
Badlands: Artist-Personal Manager Conflicts Of Interest In The Music Industry, Hal I. Gilenson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss
Suretyship As Adequate Protection In Bankruptcy: The Status Of Unsecured Third Party Guaranties Under Section 361 Of The Bankruptcy Code, Stephen A. Weiss
Cardozo Law Review
No abstract provided.
In The Name Of The Law, Samuel Weber
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
"Le Hors De Texte, C'Est Moi" - The Politics Of Form And The Domestication Of Deconstruction, Pierre Schlag
Cardozo Law Review
No abstract provided.
The Internal And External Analysis Of Concepts, Randy Barnett
The Internal And External Analysis Of Concepts, Randy Barnett
Cardozo Law Review
No abstract provided.
Professor Weinrib's Coherence, Alan Brudner
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Good Faith And Chapter 13 Discharge: How Much Discretion Is Too Much?, Ellen M. Horn
Cardozo Law Review
No abstract provided.
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson
Cardozo Law Review
No abstract provided.
Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman
Contingent Fees Without Contingencies: Hamlet Without The Prince Of Demark?, Lester Brickman
Articles
According to conventional wisdom virtually all contingent fee percentages exceeding fifty percent are illegal and excessive, but most lower percentages are valid. This Article challenges the conventional wisdom, an amalgam of the unassailability of the standard one-third rate, notions of fairness versus price gouging, lawyer effort versus lawyer' reward, and the right of a lawyer to contract freely for a fee. It advances instead two propositions for determining the legitimacy of contingent fees. The first is that for a contingent fee to be valid, there must be an actual contingency, which means a realistic risk of nonrecovery. Though this proposition …
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Flypaper Contracts And The Genesis Of Modern Tort, Peter Huber
Cardozo Law Review
No abstract provided.
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan
Cardozo Law Review
No abstract provided.
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Dialogic Reciprocity And The Critique Of Employment At Will, Drucilla Cornell
Cardozo Law Review
No abstract provided.