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Yeshiva University, Cardozo School of Law

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Articles 511 - 540 of 545

Full-Text Articles in Courts

Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing Apr 1986

Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing

Articles

The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.


Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine Mar 1986

Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine

Articles

The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.


Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg Jan 1986

Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg

Cardozo Law Review

No abstract provided.


Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman Jan 1986

Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman

Cardozo Law Review

No abstract provided.


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.


Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack Jan 1985

Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack

Cardozo Law Review

No abstract provided.


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler Jan 1984

What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler

Cardozo Law Review

No abstract provided.


A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson Jan 1984

A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson

Cardozo Law Review

No abstract provided.


Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller Jan 1984

Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller

Cardozo Law Review

No abstract provided.


The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin Jan 1984

The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin

Cardozo Law Review

No abstract provided.


The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins Jan 1983

The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins

Cardozo Law Review

No abstract provided.


Cable Television Monopoly And The First Amendment, Jordan S. Stanzler Jan 1983

Cable Television Monopoly And The First Amendment, Jordan S. Stanzler

Cardozo Law Review

No abstract provided.


Salvage And The Public Interest, Steven F. Friedell Jan 1983

Salvage And The Public Interest, Steven F. Friedell

Cardozo Law Review

No abstract provided.


The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman Jan 1983

The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman

Cardozo Law Review

No abstract provided.


Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder Jan 1982

Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder

Cardozo Law Review

Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution


Richard Neeley: How Courts Govern America, Donald P. Lay Jan 1982

Richard Neeley: How Courts Govern America, Donald P. Lay

Cardozo Law Review

No abstract provided.


Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye Jan 1982

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.


In Memory Of Monrad G. Paulsen, Sanford H. Kadish Jan 1981

In Memory Of Monrad G. Paulsen, Sanford H. Kadish

Cardozo Law Review

No abstract provided.


In Memory Of Monrad G. Paulsen, Walter J. Wadlington Jan 1981

In Memory Of Monrad G. Paulsen, Walter J. Wadlington

Cardozo Law Review

No abstract provided.


In Memory Of Monrad G. Paulsen, Marvin E. Frankel Jan 1981

In Memory Of Monrad G. Paulsen, Marvin E. Frankel

Cardozo Law Review

No abstract provided.


Segal V. Minister Of Interior, Haim Herman Cohn, Shlomo Levin, Aharon Barak Jul 1980

Segal V. Minister Of Interior, Haim Herman Cohn, Shlomo Levin, Aharon Barak

Translated Opinions

The Time Determination Ordinance, 1940, established the legal basis for Summer Time” (i.e., Daylight Savings Time). The petition raised the questions whether the establishing of Summer Time was mandatory or discretionary, and whether the Minister of the Interior lawfully exercised his discretion in deciding not to exercise his authority under the Ordinance. In addition, the petition required that the Court address the question whether a public interest petitioner has legal standing before the High Court of Justice, where the petitioner has no personal interest. The petition also raised the issue of whether the Court must defer to the competent governmental …


Eulogy For Murray I. Gurfein, Irving R. Kaufman Jan 1980

Eulogy For Murray I. Gurfein, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey Jan 1980

Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey

Cardozo Law Review

No abstract provided.


A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock Jan 1979

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …


Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman Jan 1979

Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …


The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal Jan 1979

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.


Shmuel V. Attorney General, Moshe Landau, Alfred Witkon, Zvi Berinson, Shimon Agranat, Haim Herman Cohn Jun 1964

Shmuel V. Attorney General, Moshe Landau, Alfred Witkon, Zvi Berinson, Shimon Agranat, Haim Herman Cohn

Translated Opinions

The Attorney-General applied for an order against the applicants to remove their children from a Christian missionary school where they had placed them and to arrange for the children's education in a Jewish school. In those proceedings in the Tel Aviv District Court, the applicants requested that the sitting judge should disqualify himself because he was an orthodox Jew and people might gain the impression that he would therefore not deal with the matter impartially. The judge refused to do so and the applicants moved the Supreme Court to have the hearings transferred to another judge of the Tel Aviv …


Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson Feb 1963

Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson

Translated Opinions

The trial of one Rafael Blitz for murder stretched over a number of days. On the second day. a newspaper (of which the first appellant was the editor and the second appellant the responsible journalist) published a report which indicated that in answer to the charge defence counsel had pleaded not guilty before the accused could say anything. In the body of the article it was reported that before trial the accused had in fact admitted his guilt to a journalist, although it was noted that such admission not having been made in court was not binding. The appellants were …


Berman Et Al. V. Minister Of Interior, Moshe Silberg, Yoel Sussman, Alfred Witkon Oct 1958

Berman Et Al. V. Minister Of Interior, Moshe Silberg, Yoel Sussman, Alfred Witkon

Translated Opinions

The district of Nahlath Yitzhak consisting of 250 families had for very many years been part of Tel Aviv Municipality. Since 1949 a movement to sever this connection had gathered strength and in 1950 a petition to this end, signed by 353 residents, had been delivered to the Ministry of the Interior. Tel Aviv had claimed that the petitioners were not authorized to speak for all the residents and the matter was left in abeyance until 1956, when it once more became active on the delivery of a similar petition signed by 491 persons. The Minister then appointed a commission …