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Cardozo Law Review

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Articles 91 - 120 of 134

Full-Text Articles in Legal Profession

Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field May 2000

Thirty-Day Restrictions On Attorney Direct-Mail Solicitation: The United States Supreme Court Went For It, Steven M. Field

Cardozo Law Review

No abstract provided.


Bringing Down The Bar: Accountants Challenge Meaning Of Unauthorized Practice, Susan B. Schwab Feb 2000

Bringing Down The Bar: Accountants Challenge Meaning Of Unauthorized Practice, Susan B. Schwab

Cardozo Law Review

No abstract provided.


Electronic Media Discovery: The Economic Benefit Of Pay-Per-View, Marnie H. Pulver Feb 2000

Electronic Media Discovery: The Economic Benefit Of Pay-Per-View, Marnie H. Pulver

Cardozo Law Review

No abstract provided.


Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern May 1999

Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern

Cardozo Law Review

No abstract provided.


How The Law Was Lost, Paul Craig Roberts Jan 1999

How The Law Was Lost, Paul Craig Roberts

Cardozo Law Review

No abstract provided.


Breaking The Code: Was There A Moral Or Legal Obligation To Warn?, Shear-Yashuv Cohen Dec 1998

Breaking The Code: Was There A Moral Or Legal Obligation To Warn?, Shear-Yashuv Cohen

Cardozo Law Review

No abstract provided.


Can A Lawyer Ever Do Right?, Owen M. Fiss May 1996

Can A Lawyer Ever Do Right?, Owen M. Fiss

Cardozo Law Review

Jacques Maury and Maurice Gargon were good people, but not good enough. They resisted the harshness of the racial laws of Vichy France but not as fully as they should have. Falling victim to the proclivity of all lawyers, they became ensnared within the technical trappings of the law. They helped individual clients who suffered under the Vichy laws, but are faulted by Richard Weisberg for failing to challenge those laws at a foundational level. Professor Weisberg described the result as grotesque.


Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman May 1996

Legal Ethics And Fugitive Slaves: The Anthony Burns Case, Judge Loring, And Abolitionist Attorneys, Paul Finkelman

Cardozo Law Review

Judges and lawyers seek to enforce and uphold the "law" while also proclaiming an interest in an abstraction we call "justice." As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to act in the best interests of a client. Activist lawyers can have an agenda that is at odds with members of the class they claim to serve. These two problems are complicated by a third. Lawyers and judges have …


Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Every author owes a debt to his readers. This is especially true when an author presents a wide-ranging and complex investigation that draws the critical attention of outstanding colleagues. I have profited a great deal from my colleagues' thoughtful commentaries, as will be evident from this Reply which is a token of my appreciation.


Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Jeder Autor steht in der Schuld seiner Leser; das gilt erst recht ftr einen anspruchsvollen Autor, der eine umfangreiche und komplexe Untersuchung vorlegt und daftir-noch vor der Publikation des Buches in deutscher Sprache an einer amerikanischen Universitat-die kritische Aufmerksamkeit hervorragender Kollegen findet. Aus den sorgfaltigen Kommentaren habe ich grossen Gewinn gezogen. Diese Behauptung wird sich anhand meiner Antwort nachpriifen lassen, mit der ich zugleich meinen Dank abstatten mochte.


No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen Jan 1996

No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen

Cardozo Law Review

Part I of this Note reviews various attorney-client fee arrangements, with particular attention to forms of retainers. Part II traces the development of the rule banning nonrefundable retainers and of the so-called general retainer exception to this rule. Part III examines the general retainer first in terms of its two conventional but conflicting views-as an ordinary business agreement versus an attorney-client contract-and then pursues a deeper historical and descriptive examination of the device than is reflected in either conventional view. Because that examination leads to the conclusion that general retainers are attorney-client agreements, part IV scrutinizes them as such and …


Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels Mar 1995

Stories Out Of School: Teaching The Case Of Brown V. Voss, Elizabeth J. Samuels

Cardozo Law Review

In a deft parody of conventional education-inspired by a vote to put a school system on a year-round schedule-the parodist purports to have unearthed a letter from Huck Finn to Tom Sawyer's aunt, Mrs. Phelps. In the letter, Huck reports on a productive summer spent in school, studying long hours and earning high grades.


Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii Aug 1994

Remarks At The Association Of American Law Schools Annual Meeting, R. William Ide Iii

Cardozo Law Review

Thank you very much. I bring you greetings from all those lawyers you taught. It is my distinct pleasure to represent the American Bar Association ("ABA") at your Association's most important annual meeting, and more than a little humbling considering the tremendous influence the people in this room have over every aspect of our American way of life.


Looking For Rights In All The Wrong Places: Resolving Custody Disputes In Divorce Proceedings, Katherine Hunt Federle Mar 1994

Looking For Rights In All The Wrong Places: Resolving Custody Disputes In Divorce Proceedings, Katherine Hunt Federle

Cardozo Law Review

Eleven-year-old Shane P. left the office of his court-appointed law guardian in tears. Already upset by the escalating custody battle between his divorcing parents, Shane told his father that he wanted to "get rid of" his law guardian and subsequently sent her a letter notifying her that she was fired. Influenced, in part, by the case of Gregory K., Shane then retained the services of another attorney with funds provided by his father. Although the trial judge initially ruled that only the court could dismiss the law guardian who had been appointed to represent Shane's best interests, the judge subsequently …


When Bad Things Happen To Good Companies: A Crisis Management Primer, Harvey L. Pitt, Karl A. Groskaufmanis Jan 1994

When Bad Things Happen To Good Companies: A Crisis Management Primer, Harvey L. Pitt, Karl A. Groskaufmanis

Cardozo Law Review

What to do next was a daunting question. In the fall of 1982, executives at Johnson & Johnson were confronted with the deaths of seven people, who had swallowed capsules of the company's Tylenol product which had been laced with cyanide. Tylenol was important to Johnson & Johnson. The painkiller accounted for nearly one-fifth of Johnson & Johnson's profits in 1981. Moreover, Tylenol's thirty-five percent market share represented a longterm marketing success; its active ingredient is a compound any company could produce. Yet, when it was discovered that the tampered products came from two different manufacturing plants, Johnson & Johnson …


Audit Inquiry Letters And Discovery: Protection Based On Compulsion, Melissa D. Shalit Jan 1994

Audit Inquiry Letters And Discovery: Protection Based On Compulsion, Melissa D. Shalit

Cardozo Law Review

The Securities and Exchange Commission ("SEC") requires a public corporation to file quarterly and annual statements which describe the corporation's financial status. In order to comply with this requirement, the corporation hires an independent auditor to prepare accurate financial statements. The auditor must account for any event that may affect the client's financial status, including pending litigation. Therefore, in an "audit inquiry letter," the auditor requests the client-corporation to inform him of any outstanding claims and any pending or potential litigation. In this way, the auditor can include an accurate representation of his client's financial status in his report.


The True Story: Response To Five Essayists, Richard Weisberg Jan 1994

The True Story: Response To Five Essayists, Richard Weisberg

Cardozo Law Review

Several of the writers on Poethics have generously suggested that I respond to their thoughts about the book. No reviewer has objected to the idea. I might have abstained were it not for the passion with which each of their essays has been penned. Whether they agree or disagree with me-or, better still, whether they launch into whole new areas of exploration-these writers merit our careful readings.


Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill Dec 1993

Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill

Cardozo Law Review

Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …


Jacob Burns, Simon J. Liebowitz Oct 1993

Jacob Burns, Simon J. Liebowitz

Cardozo Law Review

The demise of Mr. Jacob Bums is a great loss not only to his family but to his many friends. Folks who met him in the course of his manifold humanitarian activities were deeply impressed by his sincerity, kindness, and love for humanity. As a practicing lawyer his great ability served his clients well. Providing pro bono legal services to the poor was a way of life to him.


Olc's Opinion Writing Function: The Legal Adhesive For A Unitary Executive, Douglas W. Kmiec Oct 1993

Olc's Opinion Writing Function: The Legal Adhesive For A Unitary Executive, Douglas W. Kmiec

Cardozo Law Review

From the Judiciary Act of 1789 onward, the Attorney General's primary duty has been to advise the President and the heads of the executive departments on legal matters. A biography of James Monroe's Attorney General, William Wirt, suggests that it is the importance of this opinion function which sets the Attorney General apart from all others in the President's cabinet.


A Stalwart At The Bar, Arthur Norman Field Oct 1993

A Stalwart At The Bar, Arthur Norman Field

Cardozo Law Review

The New York legal community that Jack Bums found upon his admission to the Bar in 1932 was not given to welcoming all comers. It was changing rapidly. To many leaders of the Bar the change was not a positive one.


Jacob Burns's Generosity, June D. Wolfman Oct 1993

Jacob Burns's Generosity, June D. Wolfman

Cardozo Law Review

At Benjamin N. Cardozo School of Law, as in so many other places, Mr. Jacob Bums is known for his exceptionally generous financial contributions. Through the Jacob Bums Scholars Program, I had the opportunity to meet Mr. Bums on several occasions. It was clear to me, and to all of us in the program, that Mr. Bums's support of our school and its students was far more than financial. Mr. Bums supported our student body from his heart.


Jewish Lawyering In A Multicultural Society: A Midrash On Levinson, Russell G. Pearce May 1993

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson, Russell G. Pearce

Cardozo Law Review

No abstract provided.


The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer Apr 1992

The Garner Exception To Attorney-Client Privilege: A New Approach To “Good Cause”, Victoria A. Kummer

Cardozo Law Review

No abstract provided.


Rhetoric, Law, And The Poetics Of Memory, Anselm Haverkamp Mar 1992

Rhetoric, Law, And The Poetics Of Memory, Anselm Haverkamp

Cardozo Law Review

No abstract provided.


Justice Scalia, Poverty, And The Good Society, Toby Golick Jun 1991

Justice Scalia, Poverty, And The Good Society, Toby Golick

Cardozo Law Review

No abstract provided.


Corporations, Shareholders, And The Environmental Agenda, Nell Minow, Michael Deal Apr 1991

Corporations, Shareholders, And The Environmental Agenda, Nell Minow, Michael Deal

Cardozo Law Review

No abstract provided.


Crossing The Bridge To Secular Law: Three Models Of Incorporation, Jeffrey I. Roth Feb 1991

Crossing The Bridge To Secular Law: Three Models Of Incorporation, Jeffrey I. Roth

Cardozo Law Review

No abstract provided.


Recovering Litigation Costs And Attorney’S Fees After The Technical And Micesllaneous Revenue Act Of 1988, Shoshana Charlop Oct 1990

Recovering Litigation Costs And Attorney’S Fees After The Technical And Micesllaneous Revenue Act Of 1988, Shoshana Charlop

Cardozo Law Review

No abstract provided.


Autonomy Of Law And The Origins Of The Legal Profession, Bruce W. Frier Dec 1989

Autonomy Of Law And The Origins Of The Legal Profession, Bruce W. Frier

Cardozo Law Review

No abstract provided.