Arbitration on my Mind: Lessons learned from Altmann v. Austria

Maria Altmann, a Jewish refugee from Vienna, who at the age of 83 challenged Austria’s ownership of five Gustav Klimt paintings and won them in arbitration, died on February 7, 2011 at the age of 94. She was a niece

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Cardozo Professor Cited in SCOTUS Decision

I was a bit bemused by the Supreme Court Review article you ran in your February 2011 issue on the Costco v. Omega case—a case argued on November 8, 2010. On December 13, 2010, the Supreme Court issued an opinion

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Costco v. Omega: SCOTUS Feigns Decision on First-Sale Doctrine

Last month, the Supreme Court found itself divided over the scope of copyright protection as applied to goods manufactured abroad and imported into the domestic U.S. market. Implicated in Costco v. Omega was the first-sale doctrine, which amounts to a

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What SCOTUS Can Learn From Us: Embrace Your Mistakes

On November 17, The New York Times featured on the front page a piece by Adam Liptak that explored how recent opinions of the Supreme Court offer lower courts significantly more words, without offering any significant guidance. (See Adam Liptak,

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AT&T Mobility, LLC v. Concepcion: Will Supreme Court Close the Proverbial Door on Class Arbitration?

First, you’ll want to dust off your contracts casebook and locate the sections pertaining to adhesion contracts, arbitration clauses and the doctrine of unconscionability. Once you’ve done that, turn to your constitutional law materials and find the section on federal

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SCOTUS Review: Roberts Court Pro-Corporate Perception Persists

A few weeks ago, on the American Public Media’s (APM) Marketplace news, a Supreme Court correspondent opined on the conventional wisdom regarding the pro-corporate leanings of the Roberts Court. Like the law student who begins the third paragraph of her

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O’Connor: Pursue Worthwhile Work Over Substantial Salary

At 4 p.m. on Sunday, October 17, 2010, approximately 250 Cardozo law students gathered in the Moot Court Room for a talk on topics that included dating, shooting, and cooking Mexican food. This ordinarily odd conversation was perhaps even more

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Supreme Court Set for Tumultuous Term as Kagan Takes Her Seat

With the customary “Long Conference” fast approaching, the Supreme Court will soon return to the bench, though the Court’s composition is not quite how we remember it. After his final words of dissent in the Bilksi case, Justice Stevens left

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SCOTUS Clarifies Issues, Leaves Others Unsettled

One would be hard pressed to find a better starting point for the 2009-10 Supreme Court term review than President Obama’s reproach to the Supreme Court during his State of the Union Address. As President Obama chastised the Court for

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SCOTUS: Citizens United v. Federal Election Commission

In perhaps the most significant constitutional case of the year, the Supreme Court struck down 2 U.S.C. §441b, a federal statute which prohibits corporations from making independent expenditures from their general funds to finance speech expressly advocating the election or

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