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2004 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law Oct 2004

2004 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

An Interview with Kathy Greenberg, page 23

A Free, Informed, and Courageous Press Insures National Security, page 27

The Guantanamo Detainee Case, page 32

Baghdad Diary, page 36

Using the Power of Imagination to Heal a Violent World, page 40

Alumni News & Notes, page 44


Twenty-Sixth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law Jun 2004

Twenty-Sixth Annual Commencement Exercises, Benjamin N. Cardozo School Of Law

Pre-2019 Commencement Programs

Order of Exercises

Processional:

Herbert C. Dobrinsky, Vice President for University Affairs, Yeshiva University; Herald

Michael E. Herz, Professor of Law, Benjamin N. Cardozo School of Law; Head Marshal

Presiding:

Morton Lowengrub, Vice President for Academic Affairs, Yeshiva University; Chief Marshal

Richard M. Joel, President, Yeshiva University

National Anthem:

Cantor Ira W. Heller

Invocation:

Rabbi Ozer Glickman

Welcome:

David Rudenstine, Dean, Benjamin N. Cardozo School of Law

Remarks:

Kathryn O. Greenberg, Chair, Board of Directors, Benjamin N. Cardozo School of Law; Class of 1982

Conferring of Honorary Degree and Commencement Address:

The Honorable Sandra Day O’Connor, Associate Justice, United ...


2004-2005, Benjamin N. Cardozo School Of Law Jan 2004

2004-2005, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.


Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci Jan 2004

Lawrence And Garner: The Love (Or At Least Sexual Attraction) That Finally Dared Speak Its Name, Paris R. Baldacci

Articles

No abstract provided.


Why Are There Four Hegelian Judgments, David Gray Carlson Jan 2004

Why Are There Four Hegelian Judgments, David Gray Carlson

Articles

Hegel is the philosopher of threes. His entire system is triune: logic-nature-spirit. Within the logic is a triune structure: being, essence, notion. Within notion there is a triad: subject-object-idea. Within subjectivity, there is a triad: notion, judgment, syllogism. Yet when we examine Hegel's critique of judgment, there are four (not three): inherence-reflection-necessity-notion.

This paper tries to explain why this is so. There is a disturbing element present at all times in Hegel's logic - what Slavoj Zizek named a silent fourth, which erupts and manifests itself in judgment. This paper refines and justifies Zizek's insight, arguing from the ...


The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David Gray Carlson Jan 2004

The Antepenultimacy Of The Beginning In Hegel’S Science Of Logic, David Gray Carlson

Articles

The Science of Logic is the keystone for Hegel's philosophy. Perhaps the single most perplexing problem in this work is the status of the beginning. Hegel insisted that philosophy must be self-grounding. It cannot start from "givens." Yet, if Hegel's beginning is merely stipulated or "given," then his project is defeated. The usual view of Hegel's intent is that the beginning (Pure Being) is the last step, so that what begins as a presupposition ends up being "proven." This article suggests something different. It proposes that the beginning (Pure Being) is actually the "antepenultimate" (or third-from-last) step ...


Indemnity, Liability, Insolvency, David Gray Carlson Jan 2004

Indemnity, Liability, Insolvency, David Gray Carlson

Articles

Suppose A has a claim against B. B has a claim over against C. B, however, is insolvent and has not actually paid A. B's only asset is, in fact, B v C. To what extent can C claim that B v C is valueless - that B was not damaged because B was too broke to pay A?

This paper argues that the fundamental legal distinction between indemnity and liability is beginning to dissolve, because B can always pay A (and thereby give value to B v C) by borrowing the amount B owes and using B v C ...


Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles Jan 2004

Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles

Articles

No abstract provided.


Preface To The Justice In Mediation Symposium, Lela P. Love Jan 2004

Preface To The Justice In Mediation Symposium, Lela P. Love

Articles

No abstract provided.


New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love Jan 2004

New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love

Articles

No abstract provided.


It's Not Your Father's Legal Writing Program, Leslie Newman Jan 2004

It's Not Your Father's Legal Writing Program, Leslie Newman

Articles

No abstract provided.


Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein Jan 2004

Introducing Lawrence V. Texas: Some Background And A Glimpse Of The Future, Edward Stein

Articles

The Supreme Court's decision in Lawrence v. Texas broke new ground for the legal position of lesbians, gay men and other sexual minorities in the United States. This article reviews the legal background against which Lawrence was decided (focusing on privacy and equal protection arguments). The article then explores the likely implications of this decision, specifically for the recognition of same-sex marriage and the constitutionality of laws that make other sex acts criminal. The article suggests that the most interesting questions after Lawrence concern whether the logic of Justice O'Connor's concurrence (that focused on the equal protection ...


Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah Jan 2004

Good Guys And Bad Guys: Punishing Character, Equality And The Irrelevance Of Moral Character To Criminal Punishment, Ekow Yankah

Articles

No abstract provided.


Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David Gray Carlson Jan 2004

Bankruptcy's Acephalous Moment: Postpetition Transfers Under The Bankruptcy Code, David Gray Carlson

Articles

No abstract provided.


Symposium: The Jurisprudence Of Slavery Reparations, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok Jan 2004

Symposium: The Jurisprudence Of Slavery Reparations, Hanoch Dagan, Keith N. Hylton, Anthony J. Sebok

Articles

No abstract provided.


Two Concepts Of Injustice In Restitution For Slavery, Anthony J. Sebok Jan 2004

Two Concepts Of Injustice In Restitution For Slavery, Anthony J. Sebok

Articles

This article, which will appear in a symposium issued of the Boston University Law Review titled "The Jurisprudence of Slavery Reparations," criticizes attempts to secure legal redress for slavery through lawsuits based on unjust enrichment. The article has three parts. First, it compares the recent efforts to litigate the wrongs of caused by American slavery to other recent "mass restitution" lawsuits, namely the states' unjust enrichment suits against the tobacco industry and the suits against banks and corporations for unjust enrichment arising out of the Holocaust. Second, the article questions the fit between the structure of restitution and the interests ...


United States V. American Library Ass'n: The Children's Internet Protection Act, Library Filtering And Institutional Roles, Felix Wu Jan 2004

United States V. American Library Ass'n: The Children's Internet Protection Act, Library Filtering And Institutional Roles, Felix Wu

Articles

No abstract provided.


A Fragment On Cnutism With Brief Divagations On The Philosophy Of The Near Miss, Peter Goodrich Jan 2004

A Fragment On Cnutism With Brief Divagations On The Philosophy Of The Near Miss, Peter Goodrich

Articles

This fragment is taken, mid-sentence as it were, from a longer discourse. It is plucked in process from a discussion of friendship for ideas. It is part of a longer journey through the annals of amity. The fragment also examines a fragment, a gloss on a text, a marginal comment, a handwritten note, which is taken to constitute the modern origin of Cnutism.


Endnote: Untoward, Peter Goodrich Jan 2004

Endnote: Untoward, Peter Goodrich

Articles

No abstract provided.


The Authors Respond, Arthury H. Bryant, Alexander A. Reinert Jan 2004

The Authors Respond, Arthury H. Bryant, Alexander A. Reinert

Articles

No abstract provided.


Henry Minton, Departing From Deviance: A History Of Homosexual Rights And Emancipatory Science In America. Chicago: University Of Chicago Press,2002. 344 Pp., $65.00 Hbk, Isbn 0-226-53043--4 $20.00 Pbk,Isbn 0-226-53044-2., Edward Stein Jan 2004

Henry Minton, Departing From Deviance: A History Of Homosexual Rights And Emancipatory Science In America. Chicago: University Of Chicago Press,2002. 344 Pp., $65.00 Hbk, Isbn 0-226-53043--4 $20.00 Pbk,Isbn 0-226-53044-2., Edward Stein

Articles

No abstract provided.


Truth And Illusion, Suzanne Last Stone Jan 2004

Truth And Illusion, Suzanne Last Stone

Articles

No abstract provided.


Suzanne Last Stone, Suzanne Last Stone Jan 2004

Suzanne Last Stone, Suzanne Last Stone

Articles

No abstract provided.


Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon Jan 2004

Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon

Articles

No abstract provided.


Grutter V. Bollinger: This Generation’S Brown V. Board Of Education?, Michelle Adams Jan 2004

Grutter V. Bollinger: This Generation’S Brown V. Board Of Education?, Michelle Adams

Articles

At first blush, Grutter appears to be a deviation from the body of the Court's recent affirmative action jurisprudence: it says "yes" where the other cases said "no." But it is not so clear that Grutter is a deviation from current law. Instead, it might be seen as consistent with it, in that the justification for the racial preference recognized in Grutter transcended the justifications offered in the previous cases, and the method used to achieve that end, "race as a factor," diffused rather than highlighted race. From this perspective, Grutter addressed several concerns that had troubled the Court ...


2004 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law Jan 2004

2004 Cardozo Life (Winter), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 14

An Interview with Yeshiva University President Richard M. Joel, page 22

It’s Not Your Father’s Legal Writing Program, page 27

Altruism, Ingenuity, Practicality: Traits Shared by Family Law Specialists, page 29

Alumni News & Notes, page 37

Monrad Paulsen: A Last Word, page 52