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Yeshiva University, Cardozo School of Law

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Articles 10081 - 10110 of 11578

Full-Text Articles in Law

Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau May 1993

Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau

Cardozo Law Review

In this article I claim that a distinction should be made between an "early Derrida" and a "later Derrida," similar to the one made between Wittgenstein of the Tractatus and Wittgenstein of the Investigations, or between Heidegger before the Kehre and Heidegger after it. Acceptance of such a distinction enables us to understand Derrida's teachings more clearly, to solve a disagreement in Derrida scholarship, and to understand his deconstruction as less contradictory. I shall also explain the reasons for, and causes of, the change in Derrida's teachings and distinguish between those aspects that changed and those that did not.

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Protecting Retiree Medicial Benefits In Bankruptcy: The Scope Of Section 1114 Of The Bankruptcy Code, Susan J. Stabile May 1993

Protecting Retiree Medicial Benefits In Bankruptcy: The Scope Of Section 1114 Of The Bankruptcy Code, Susan J. Stabile

Cardozo Law Review

No abstract provided.

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Table Of Contents - Cardozo Law Review, Volume 14, Issue 5 Apr 1993

Table Of Contents - Cardozo Law Review, Volume 14, Issue 5

Cardozo Law Review

No abstract provided.

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The Constitution Outside The Courts, Frederick A.O. Schwarz Jr. Apr 1993

The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.

Cardozo Law Review

The forty-fourth Cardozo Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 5, 1991.

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Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 1, Iss. 2 Apr 1993

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 1, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

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Federalism: An Architecture For Freedom, Siegfried Wiessner Apr 1993

Federalism: An Architecture For Freedom, Siegfried Wiessner

Cardozo Journal of International and Comparative Law

The article presents federalism as a flexible and effective system for organizing power, emphasizing its relevance in promoting freedom and managing diversity. It argues that federalism, while often misunderstood, offers a viable framework for structuring governance in diverse and restructured communities, particularly in the context of the New Europe.

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The Values Of Federalism, A. E. Dick Howard Apr 1993

The Values Of Federalism, A. E. Dick Howard

Cardozo Journal of International and Comparative Law

The article explores the values and complexities of federalism, emphasizing its role in balancing unity and diversity, limiting the concentration of power, and fostering democratic governance. It highlights federalism's dual purpose of promoting pluralism and local autonomy while maintaining national cohesion. The analysis draws on the U.S. experience to assess federalism's potential relevance for emerging democracies in Central and Eastern Europe, noting both its benefits and limitations.

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The European Community And Eastern Europe: "Deepening" And "Widening" The Community Brand Of Economic Federalism, Roger J. Goebel Apr 1993

The European Community And Eastern Europe: "Deepening" And "Widening" The Community Brand Of Economic Federalism, Roger J. Goebel

Cardozo Journal of International and Comparative Law

The article examines the evolution of the European Community (EC) toward a federal system, highlighting its potential as a model for regional integration, particularly for Eastern Europe. The Maastricht Treaty significantly advanced this process by establishing the European Union (EU) with the EC at its core, focusing on economic integration while broadening its scope. The EC's legal framework, supported by key Court of Justice rulings, demonstrates federal characteristics, though political sensitivities surround the term "federal." The article explores the EC's expansion into Eastern Europe and the effectiveness of its judicial and legislative structures, emphasizing the balance between supranational authority and …

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Federalism Versus Nationalism: The European Community And The New Europe, John Pinder Apr 1993

Federalism Versus Nationalism: The European Community And The New Europe, John Pinder

Cardozo Journal of International and Comparative Law

The article argues that the European Community (EC) serves as a successful model of federal construction through the rule of law, which acts as an antidote to nationalism. It explores how this model could be applied to Central and Eastern Europe and the Commonwealth of Independent States (CIS) to address challenges of interdependence, prosperity, and security. The EC’s incremental federalization process, emphasizing shared sovereignty and legal frameworks, offers a potential blueprint for these regions.

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Single Market, Emu And Enlargement: Can The European Community Cope With Three Institutional Shocks?, Pier Carlo Padoan Apr 1993

Single Market, Emu And Enlargement: Can The European Community Cope With Three Institutional Shocks?, Pier Carlo Padoan

Cardozo Journal of International and Comparative Law

No abstract provided.

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Canadian Integration And The Federal Bargain, Douglas M. Brown Apr 1993

Canadian Integration And The Federal Bargain, Douglas M. Brown

Cardozo Journal of International and Comparative Law

The article examines the challenges facing Canada's federal system, particularly the tension between economic integration and equity. It argues that the foundation of Canada's federation, known as the "equity bargain," is under strain due to historical and contemporary pressures, including the Free Trade Agreement, fiscal crises, and constitutional debates. The analysis emphasizes the need for a revised federal bargain to address these challenges and ensure the stability of the federation.

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Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson Apr 1993

Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson

Cardozo Journal of International and Comparative Law

No abstract provided.

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The New Russian Federalism, Gennady M. Danilenko Apr 1993

The New Russian Federalism, Gennady M. Danilenko

Cardozo Journal of International and Comparative Law

No abstract provided.

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Confederalism And Stability In The Commonwealth Of Independent States, Stephan Kux Apr 1993

Confederalism And Stability In The Commonwealth Of Independent States, Stephan Kux

Cardozo Journal of International and Comparative Law

The article examines the post-Soviet transition of the Commonwealth of Independent States (CIS), arguing that despite the chaos following the Soviet Union's dissolution, a pattern of political alignment and economic cooperation has emerged among its member republics. The CIS serves as a transitional framework, experimenting with new forms of interstate association, which also informs the study of federalism. While the CIS lacks institutionalization and faces challenges such as diverging views on key issues and interrepublican conflicts, it demonstrates a margin of intergovernmental coordination. The article concludes that domestic developments within the republics are the most critical factors shaping the future …

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Post-Communist Constitution-Making: Confessions Of A Comparatist (Part 1), Eric Stein Apr 1993

Post-Communist Constitution-Making: Confessions Of A Comparatist (Part 1), Eric Stein

Cardozo Journal of International and Comparative Law

This essay will serve as a basis for the first part of a book on the constitutional developments in the Czech and Slovak Federative Republic. It carries the story essentially through the first year after the 1989 revolution. It was completed in May 1992 before it became obvious that the days of the common state were numbered. Part II will continue the narrative-still in a personal vein-against the background of the collapse of the negotiations for a "treaty" between the two component Republics that would provide a new legal basis for their co-existence, the radical change in the political scene …

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Federalism And Nationalism In Post-Socialist Eastern Europe, Ellen Comisso Apr 1993

Federalism And Nationalism In Post-Socialist Eastern Europe, Ellen Comisso

Cardozo Journal of International and Comparative Law

The article argues that federalism in post-socialist Eastern Europe, particularly in Yugoslavia, Czechoslovakia, and the Soviet Union, paradoxically facilitated partition rather than resolving national tensions. While federalism is often seen as a means to accommodate multinational societies, the analysis shows that in these cases, it instead provided institutional frameworks that enabled regional elites to pursue independence. The collapse of central authority and the political calculations of regional leaders, who prioritized maintaining power at the subnational level over preserving the federation, were key factors in the dissolution of these states. Nationalism, while present, often emerged as a consequence of these political …

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Introduction, Alan Gartner Apr 1993

Introduction, Alan Gartner

Cardozo Law Review

No abstract provided.

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Past, Present And Future Of Federalism In Central And Eastern Europe, Andras Inotai Apr 1993

Past, Present And Future Of Federalism In Central And Eastern Europe, Andras Inotai

Cardozo Journal of International and Comparative Law

No abstract provided.

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Federalism That Failed: Reflections On The Disintegration Of Czechoslovakia, Katarina Mathernova Apr 1993

Federalism That Failed: Reflections On The Disintegration Of Czechoslovakia, Katarina Mathernova

Cardozo Journal of International and Comparative Law

No abstract provided.

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Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop Apr 1993

Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop

Cardozo Journal of International and Comparative Law

The article examines the limitations of federalism in addressing ethnic nationalism, focusing on case studies from Quebec and Lithuania. It argues that federalism alone is insufficient without robust protections for individual and minority rights, as increased regional power can exacerbate nationalist sentiments. The analysis critiques various justificatory models for secession, emphasizing the importance of balancing universal rights with national aspirations to achieve long-term stability and cohesion.

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Remarks Of John R. Dunne, John R. Dunne Apr 1993

Remarks Of John R. Dunne, John R. Dunne

Cardozo Law Review

No abstract provided.

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The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz Apr 1993

The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz

Cardozo Law Review

No abstract provided.

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Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman Apr 1993

Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman

Cardozo Law Review

No abstract provided.

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Districting: A Second Vantage Point, Alan Gartner Apr 1993

Districting: A Second Vantage Point, Alan Gartner

Cardozo Law Review

No abstract provided.

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Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark Apr 1993

Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark

Cardozo Law Review

No abstract provided.

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Affirmative Action And Justice: A Philosophical And Constitutional Inquiry, By Michel Rosenfeld, Karen Bell Apr 1993

Affirmative Action And Justice: A Philosophical And Constitutional Inquiry, By Michel Rosenfeld, Karen Bell

Cardozo Law Review

No abstract provided.

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What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman Apr 1993

What Courts Do To Secured Creditors In Chapter 11 Cram Down, Jack Friedman

Cardozo Law Review

No abstract provided.

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Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack Apr 1993

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Cardozo Law Review

No abstract provided.

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The Representation Of Minority Interests: The Question Of Single-Member Districts, Lani Guinier Apr 1993

The Representation Of Minority Interests: The Question Of Single-Member Districts, Lani Guinier

Cardozo Law Review

No abstract provided.

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An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen Apr 1993

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.

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