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Articles 12151 - 12180 of 14181

Full-Text Articles in Law

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan Jul 1996

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan

Cardozo Journal of International and Comparative Law

The article argues that while institutional reforms are crucial for societal transition, the transformation of mentalities is equally important for achieving a truly good society. It emphasizes that mentalities, particularly "agape" (a form of care and love for improvement), play a significant role in fostering a society capable of continuous improvement. The analysis critiques the idea that institutions alone can create a good society and advocates for a balanced approach that includes both institutional and mental development.

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The German Duality Of State And Society, David Abraham Jul 1996

The German Duality Of State And Society, David Abraham

Cardozo Journal of International and Comparative Law

The article argues that the United States should consider supplementing its property-based negative rights regime with citizenship-based positive rights, drawing on the German constitutional model. It contends that negative rights, which focus on freedom from state interference, are insufficient in addressing systemic inequality and fostering meaningful participation in a democratic society. In contrast, Germany's constitutional framework, rooted in a communitarian ethos, emphasizes positive rights and duties, ensuring that rights are not only protected but also effectively realized through state action. This approach, the article suggests, offers a more equitable and inclusive vision of rights and citizenship.

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Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek Jun 1996

Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek

IFC E&S Performance Standards

No abstract provided.

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Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer Jun 1996

Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer

IFC E&S Performance Standards

No abstract provided.

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Was There Sex Before Calvin Klein?, Linda R. Hirshman Jun 1996

Was There Sex Before Calvin Klein?, Linda R. Hirshman

Washington and Lee Law Review

No abstract provided.

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A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson May 1996

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Book Reviews

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …

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The Real Ethic Of Death And Dying, Norman L. Cantor May 1996

The Real Ethic Of Death And Dying, Norman L. Cantor

Michigan Law Review

A Review of Peter Singer, Rethinking Life and Death

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Whose Justice? Which Victims?, Lynne Henderson May 1996

Whose Justice? Which Victims?, Lynne Henderson

Michigan Law Review

A Review of George Fletcher, With Justice for Some: Victim's Rights in Criminal Trials

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Measuring Poverty: A New Approach, Benjamin Hoorn Barton May 1996

Measuring Poverty: A New Approach, Benjamin Hoorn Barton

Michigan Law Review

A Review of Measuring Poverty: A New Approach by The National Research Council.

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An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms May 1996

An "Age Of [Im]Possibility": Rhetoric, Welfare Reform, And Poverty, Lisa A. Crooms

Michigan Law Review

A Review of Joel F. Handler, The Poverty of Welfare Reform and Mark Robert Rank, Living on the Edge: The Realities of Welfare in America

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The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl May 1996

The Rooster's Egg: On The Persistence Of Prejudice, Elise M. Bruhl

Michigan Law Review

A Review of Patricia J. Williams, The Roosters' Egg: On the Persistence of Prejudice

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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 …

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Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood May 1996

Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood

Cardozo Law Review

We can greatly admire Paul Finkelman's paper on the rendition of Anthony Burns in 1854 and the problematic role played by Judge Edward Loring in returning Burns to Southern bondage. Professor Finkelman draws thoughtfully from original source materials of this famous case in the harnessing of political feeling against slavery, including the diary of Richard Henry Dana, the papers of Senator Charles Sumner, and the records of Harvard College.

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From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman May 1996

From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman

Cardozo Law Review

Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. "Gentlemen," he remarked, "we have lived over a century in the last ten years." Corbin did not exaggerate. The Civil War and Reconstruction years witnessed changes as revolutionary as any the nation has ever experienced. And nowhere were the changes as sweeping as in the realm of constitutional law.

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The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg May 1996

The Hermeneutic Of Acceptance And The Discourse Of The Grotesque, With A Classroom Excercise On Vichy Law, Richard Weisberg

Cardozo Law Review

As a nonspecialist on the laws of slavery, I can best contribute to this discourse by suggesting some reflection on the comparative nature of racial discrimination in constitutionally based and seemingly enlightened legal systems. To the American system under close scrutiny in this Symposium, my recently completed work on Vichy law may lend some degree of further understanding. For the legalized persecution of Jews in France during the period 1940- 44 stands as a classic twentieth-century example of what I believe to have been at work in antebellum America: the elaboration through traditional patterns of legal reasoning of a discourse …

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Foreword: Never Again, Franklin D. Cleckley Apr 1996

Foreword: Never Again, Franklin D. Cleckley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Comments By Angel Oquendo, Ángel Oquendo Apr 1996

Comments By Angel Oquendo, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

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Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry Apr 1996

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres Apr 1996

Taking And Giving: Police Power, Public Value, And Private Right, Gerald Torres

Cornell Law Faculty Publications

This lecture is divided into three parts. First, I will outline a critique of efficiency as it has functioned as the metanarrative underlying our basic current understanding of social institutions. A metanarrative is merely a legitimating background story rooted in the claim that it is the "story that can reveal the meaning of all stories." The claim I am making is that the standards of efficiency in common usage have operated in this way in questions of social policy. For government institutions, this is summed up in the popular claim of politicians that they will "run government like a business." …

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Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr. Apr 1996

Remarks: Address By The Honorable J. Joseph Curran, Jr., Attorney General, State Of Maryland , J.Joseph Curran Jr.

American University Law Review

No abstract provided.

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The Retrieval Of The Democratic Ethos, Richard J. Bernstein Mar 1996

The Retrieval Of The Democratic Ethos, Richard J. Bernstein

Cardozo Law Review

For over thirty years I have been a sympathetic although critical reader of Habermas. Initially, I was struck by his nuanced insight into the American pragmatic tradition and his appropriation of the radical democratic ethos of the pragmatic movement. I felt then, and still believe, that Habermas has a more profound and subtle understanding of what is best and most enduring in pragmatism-especially in the thought of Peirce, Dewey, and Mead-than many of my American colleagues. I was also attracted to Habermas for other reasons. He is a dialectical thinker who has the courage to buck fashionable trends-who refuses to …

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Reflexive Law, Civil Society, And Negative Rights, Andrew Arato Mar 1996

Reflexive Law, Civil Society, And Negative Rights, Andrew Arato

Cardozo Law Review

Jurgen Habermas has remained faithful to the heritage of Critical Theory-to the method and perspective of imminent social criticism. His concept of "paradigm" is fully intelligible only in context of such background. It means, first and foremost, enlightenment concerning a given society with a normative project in mind-in the present case, the actualization of the system of rights. Thus, a paradigm is a form of diagnosis, based on the rational reconstruction of forms of consciousness, filtered and synthesized into theory, that seeks to orient action. At all points, the construction of paradigms refers to a social totality which is subjected …

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Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble Mar 1996

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

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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.

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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.

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Preface, Michel Rosenfeld Mar 1996

Preface, Michel Rosenfeld

Cardozo Law Review

This symposium issue of the Cardozo Law Review which coincides with the English publication of Jurgen Habermas's Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, represents the culmination of an extraordinary interdisciplinary and intercontinental intellectual journey. The papers published in this issue were first presented at a conference held at the Benjamin N. Cardozo School of Law on September 20 and 21, 1992, in which Jurgen Habermas and thirty-two scholars from the United States, Germany, and many other countries, representing the fields of law, philosophy, sociology, and political science engaged in two days of …

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Against Subordination: Morality, Discourse, And Decision In The Legal Theory Of Jurgen Habermas, William Rehg Mar 1996

Against Subordination: Morality, Discourse, And Decision In The Legal Theory Of Jurgen Habermas, William Rehg

Cardozo Law Review

This reflection explores the manner in which Jurgen Habermas's Between Facts and Norms establishes a relationship between law (or legal procedures) and an idealized conception of rational practical discourse. Part I of this Article spells out a problem that arises if one subordinates law to such idealizations of practical reason; here I will argue that the subordination of law to morality is part of a larger problem that one does not escape simply by analyzing law in the broader terms of discursive justification in general. Part II pursues further the question of whether Habermas's legal theory escapes this difficulty, turning …

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Better Living Through Crime And Tort, Anita Bernstein Feb 1996

Better Living Through Crime And Tort, Anita Bernstein

Faculty Scholarship

No abstract provided.

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Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel Feb 1996

Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel

Faculty Scholarship

Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …

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Vagueness And Indecency, Jonathan Weinberg Jan 1996

Vagueness And Indecency, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

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