|Present||Professor of Law, Touro College Jacob D. Fuchsberg Law Center|
- Contracts I & II
- International Sales Law & Arbitration Practice Module
- International Sales Law & Arbitration
- Business Organizations
Touro College Jacob D. Fuchsberg Law Center
225 Eastview Drive
Central Islip, NY, 11722
Commercial Law (7)
The ABCs of the CISG American Bar Association (2013)
As an introductory overview of a relatively comprehensive statute, this book provides details and comparative discussions regarding the vast array of business-to-business transactions in good across national borders governed by the CISG. Learn how you ...
Penalty Clauses and the CISG Journal of Law & Commerce (2012)
Commercial agreements often provide for “fixed sums” payable upon a specified breach. Such agreements are generally enforced in civil law jurisdictions. In contrast, the common law distinguishes between “liquidated damages” and “penalty” clauses, enforcing the ...
CISG Article 6 and Issues of Formation: The Problem of Circularity Belgrade Law Review (2011)
CISG Article 6 broadly allows parties to exclude the application of the CISG or derogate from its provisions. The application of Article 6 is relatively straightforward when addressing the rights and obligations of the parties, ...
ICA and the Writing Requirement: Following Modern Trends Towards Liberalization or Are We Stuck in 1958? 3 Belgrade L. Rev. 36 (2009)
Article 7 of the Model Law was revised in 2006 to liberalize any requirements of form, consistent with modern commercial practices and modern legal trends reflected in national laws. To the extent adopted by national ...
Court Litigation over Arbitration Agreements: Is it Time for a New Default Rule? The American Review of International Arbitration (2012)
Court litigation over the existence or validity of arbitration agreements is a major threat to the efficacy of international commercial arbitration. While New York Convention Article II(3) requires a court to “refer the parties to ...
Arbitration as Contract: The Need for a Fully Developed and Comprehensive Set of Statutory Default Legal Rules 2 Wm. & Mart Bus. L. Rev. 227 (2011)
This article addresses an increasingly important topic in today’s commercial world—the United States Federal Arbitration Act. While arbitration under this Act has been subject to ever increasing criticism and calls for reform on a variety ...
Conflicts / Private International Law (1)
Legal Education (3)
A More Cost Effective Model for Legal Education New York State Bar Association Journal (2013)
In his most recent book, Richard Susskind focuses on three primary drivers of change in the market for legal services: (1) the “more-for-less” challenge; (2) the “liberalization” of the regulatory environment; and (3) the effective ...
An Essay on Rebuilding and Renewal in American Legal Education 29 Touro L. Rev. 375 (2013)
The American model of legal education is broken as a value proposition. Like a building with an undermined foundation, it must be rebuilt rather than refurbished. And, like any rebuilding project, it will be costly ...