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Public Law and Legal Theory

Yeshiva University, Cardozo School of Law

Articles 1 - 13 of 13

Full-Text Articles in Law

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs) Apr 2024

The State Of 2nd Amendment Litigation: A Conversation With Everytown Law On U.S. V. Rahimi, Cardozo Public Interest Law Student Association, Cardozo American Constitution Society (Acs)

Flyers 2023-2024

No abstract provided.


Critical Race Theory & The Need To Have A Race Perspective In Public Service Law, Cardozo Public Service Scholars Program Mar 2024

Critical Race Theory & The Need To Have A Race Perspective In Public Service Law, Cardozo Public Service Scholars Program

Flyers 2023-2024

No abstract provided.


P* Law Week, Cardozo P*Law Planning Team, Cardozo Center For Public Service Law Jan 2024

P* Law Week, Cardozo P*Law Planning Team, Cardozo Center For Public Service Law

Flyers 2023-2024

  • Making the Most of the PILC Fair
  • Project-Based Fellowships: Opportunities to Design your own Job and Create Change
  • Motherhood and Incarceration
  • Callahan v. Carey Today: Challenges to New York City's Right to Shelter Law
  • Managing Student Debt When Choosing a Career in Public Interest Law
  • Mentor Mocks
  • Collaborative Efforts in Exoneration: Exhibiting the Anthony Sims Case
  • Deported: A Conversation With Immigrants Who Were Deported and the Students Who Helped Bring Them Back
  • How Steven Donziger and the Indigenous Peoples of the Amazon Won a Landmark $9.5b Case Against Chevron
  • Interviewing Low-Income Clients Workshop
  • Anti-carceral Feminism: Exploring Non-carceral Solutions to Survivor …


1l Public Service Summer Job Panel, Cardozo Public Service Scholars Program Nov 2023

1l Public Service Summer Job Panel, Cardozo Public Service Scholars Program

Flyers 2023-2024

No abstract provided.


Mandatory Public Service Summer Stipend Meetings, Cardozo Center For Public Service Law Nov 2023

Mandatory Public Service Summer Stipend Meetings, Cardozo Center For Public Service Law

Flyers 2023-2024

No abstract provided.


Misuse Of Originalism: The Legal Landscape Of The 2nd Amendment Post-Bruen, American Constitution Society, Cardozo Public Interest Law Students Association Mar 2023

Misuse Of Originalism: The Legal Landscape Of The 2nd Amendment Post-Bruen, American Constitution Society, Cardozo Public Interest Law Students Association

Flyers 2022-2023

No abstract provided.


Spendthrift Trusts: The Tension Between Testamentary Freedom And Public Policy Concerns, Hailey Dobin Reichel Mar 2023

Spendthrift Trusts: The Tension Between Testamentary Freedom And Public Policy Concerns, Hailey Dobin Reichel

ERSJ Blog

In 1875, Supreme Court Justice Samuel Miller delivered the opinion of the court in a case pertaining to the construction of a woman’s trust created for her children. The matter focused on a provision in the testamentary trust that stated that the trust would terminate with respect to a son’s interest if he were to go bankrupt or insolvent, and that the resulting funds were to be collected by the trustees. Despite arguments presented to the court about how this inclusion acted as an attempt to evade notions of bankruptcy law, Justice Miller upheld the provision of the trust.

This …


Cardozo Public Service Scholars Presents: The Science Of Innocence, Cardozo Public Service Scholars Program Feb 2023

Cardozo Public Service Scholars Presents: The Science Of Innocence, Cardozo Public Service Scholars Program

Flyers 2022-2023

No abstract provided.


Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw Jan 2023

Public Law Litigation And Electoral Time, Zachary D. Clopton, Katherine Shaw

Articles

Public law litigation is often politics by other means. Yet scholars and practitioners have failed to appreciate how public law litigation intersects with an important aspect of politics-electoral time. This Essay identifies three temporal dimensions of public law litigation. First, the electoral time of government litigants-measured by the fixed terms of state and federal executive officials-may affect their conduct in litigation, such as when they engage in midnight litigation in the run-up to and aftermath of their election. Second, the electoral time of state courts-measured by the fixed terms of state judges-creates openings for strategic behavior among litigants (both public …


Eviction Moratorium Redux, Cardozo Public Interest Law Student Association, Cardozo Real Estate Law Association Oct 2022

Eviction Moratorium Redux, Cardozo Public Interest Law Student Association, Cardozo Real Estate Law Association

Flyers 2022-2023

No abstract provided.


The False Allure Of The Anti-Accumulation Principle, Michael E. Herz, Kevin M. Stack Apr 2022

The False Allure Of The Anti-Accumulation Principle, Michael E. Herz, Kevin M. Stack

Articles

Today the executive branch is generally seen as the most dangerous branch. Many worry that the executive branch now defies or subsumes the separation of powers. In response, several Supreme Court Justices and prominent scholars assert that the very separation-of-powers principles that determine the structure of the federal government as a whole apply with full force within the executive branch. In particular, they argue that constitutional law prohibits the accumulation of more than one type of power—legislative, executive, and judicial—in the same executive official or government entity. We refer to this as the anti-accumulation principle. The consequences of this principle, …


P*Law Planning Kickoff, Cardozo Center For Public Service Law Oct 2021

P*Law Planning Kickoff, Cardozo Center For Public Service Law

Flyers 2021-2022

No abstract provided.


Rethinking The Boundaries Between Public Law And Private Law For The Twenty First Century: An Introduction, Michel Rosenfeld Jan 2013

Rethinking The Boundaries Between Public Law And Private Law For The Twenty First Century: An Introduction, Michel Rosenfeld

Articles

The distinction between public law and private law has been both ever present and unwieldy in civil law as well as in common law jurisdictions. Kelsen found the distinction “useless” for “a general systematization of law,” and Paul Verkuil has remarked that “[i]f the law is a jealous mistress, the public-private distinction is like a dysfunctional spouse. . . . It has been around forever, but it continues to fail as an organizing principle.”