Jurisdiction Commons^™

State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart

Cardozo Law Review

No abstract provided.

Jurisdictional Competition To Abolish The Rule Against Perpetuities: R.I.P. For The R.A.P., Stewart E. Sterk

Cardozo Law Review

No abstract provided.

The Folly Of Federalism, Frank B. Cross

Cardozo Law Review

No abstract provided.

Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky

Cardozo Law Review

No abstract provided.

Muddy Rules For Cyberspace, Dan L. Burk

Cardozo Law Review

Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These efforts have been justified on the grounds that clear property rights are necessary to allow efficient allocation of intellectual property between private parties.

However, these rationales ignore the literature regarding the efficiency of unclear or "muddy" property entitlements. Where transaction costs of private bargaining are high, muddy rules will tend to force parties into informal bargaining transactions. Transaction costs on the …

Delegation And Democracy: A Reply To My Critics, David Schoenbrod

Cardozo Law Review

No abstract provided.

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

Accountability And Restraint: The Federal Budget Process And The Line Item Veto Act, Elizabeth Garrett

Cardozo Law Review

No abstract provided.

Defusing New York's 120-Day Time Bomb: The Meaning Of New C.P.L.R. 306-B, Brian A. Waldbaum

Cardozo Law Review

No abstract provided.

The Financial Underside To The Holocaust Litigation, Robert A. Swift

Cardozo Law Review

No abstract provided.

Bankruptcy Appeals And Equitable Mootness, Ross E. Elgart

Cardozo Law Review

No abstract provided.

Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon

Cardozo Law Review

No abstract provided.

New Global Potentates: Nongovernmental Organizations And The “Unregulated” Marketplace, Peter J. Spiro

Cardozo Law Review

The nation-state surely is in decline. As John McGinnis eloquently demonstrates, power has become increasingly difficult to exercise on a territorial basis, in part because individuals no longer require physical protection from foreign invaders (a service the state performed with elan), in part because vastly enhanced capacities for exit expose states to unprecedented regulatory competition. Barring a resurgent security threat-something that takes the world back to the brink, restores the state's importance as defender, and justifies renewed constraints on mobility-the erosion of state control seems irreversible and undeniable. But if not the state, then what? Through Professor McGinnis's lens …

National Laws And International Markets: Strategies Of Cooperation And Harmonization In The Enforcement Of Competition Law, Spencer Weber Waller

Cardozo Law Review

This Article contrasts how two leading competition law systems, the United States and the European Union ("EU"), have reacted to the growing internationalization of markets and the relative decline of the ability of any single jurisdiction to regulate transnational business behavior. For reasons unique to their respective histories, cultures, and politics, these two jurisdictions have adopted very different strategies for dealing with this problem.

Circuit Court Erie Errors And The District Court's Dilemma: From Roto-Lith And The Mirror Image Rule To Octagon Gas And Asset Securitization, Nikiforos Mathews

Cardozo Law Review

Part I of this Note examines the mistake made by the Tenth Circuit in Octagon Gas. It further discusses the related problem inherent in a district court's belief that it is bound by a circuit court's previous Erie decision in light of the recent Winter Panel decision. Part II demonstrates that, despite the doctrine of precedent, district courts are not invariably bound by the diversity decisions of their circuit courts under the modem Erie doctrine, and therefore, should independently determine the state issues before them. Part III returns to Winter Panel and examines how the District Court of Massachusetts …

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Cardozo Law Review

No abstract provided.

Free Speech And The Cultural Contingency Of Constitutional Categories, Frederick Schauer

Cardozo Law Review

No abstract provided.

The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons

Cardozo Law Review

This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.

The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi

Cardozo Law Review

No abstract provided.

Nationwide Service Of Process In State Courts, David Carlebach

Cardozo Law Review

No abstract provided.

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.

Equitable Distribution Requires Equitable Valuation: A Proposal For Amending New York's Equitable Distribution Law, Jacqueline B. Stuart

Cardozo Law Review

No abstract provided.

Federal Jurisdiction To Enforce A Settlement After Vacating A Dismissal Order Under Rule 60(B)(6), Alyson M. Weiss

Cardozo Law Review

No abstract provided.

The State Competition Debate In Corporate Law, Roberta Romano

Cardozo Law Review

No abstract provided.

The Availability Of Injunctions In Bankruptcy To Restrain Collection Of I.R.C. 6672(A) Penalties, Beth K. Neelman

Cardozo Law Review

No abstract provided.

Pennhurst And The Scope Of Federal Judicial Power To Reform Social Institutions, David Rudenstine

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Visitation Rights: Providing Adequate Protection For The Noncustodial Parent, Rhonda L. Fishbein

Cardozo Law Review

No abstract provided.