This article is a response to a criticism of the modern litigation finance industry, recently made, that it illegitimately takes control away from plaintiffs. Cardozo Professor Anthony Sebok makes two arguments. First, that U.S. courts have allowed exactly the same degree of alienation of control from litigants by insurance companies over the past thirty years. Second, that whether parties should be allowed to alienate control in should depend on a functional test and not on formalistic rules.
Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly hundreds of thousands of individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Until recently, there was little reason to think the Supreme Court would wade into the waters of the resurgent debate over the nature of deportation proceedings. In Padilla v. Kentucky, 130 S.Ct.
Contracting over information is notoriously difficult. Conventional theoretical wisdom holds that intellectual property is needed to protect information before it can be disclosed to others, but practical experience suggests that there are lots of circumstances in which parties agree to exchange information even without IP. In this article, Michael Burstein explains how this is possible as a theoretical matter and systematically examines how it is done as a practical matter.
While the National Basketball Association’s salary cap purports to provide every team an equal chance, some teams (like the Miami Heat) have an advantage due to the lack of a state income tax. Perversely, the salary cap blocks the usual free-market response to varying income taxes: i.e., payment of a higher pre-tax amount. After highlighting the significant extent of the problem, Cardozo Professor Mitchell Engler proposes an appropriate state tax adjustment to the NBA salary cap amounts.
A study of the foundational role of imagery in the early modern formation of common law. The emblematic depictions of law, the statuary, portraiture, costume and columns signal a liturgical space of legality which continues to have a remarkable and yet neglected effect upon the process of transmission and application of law.
What legal obligations does a landowner owe his neighbor? In Neighbors in American Land Law, Cardozo Professor Stewart Sterk explored how legal doctrine incorporates social norms of cooperation among neighbors.
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