Law Commons^™

Law, Force, And The Russian Media, Monroe E. Price

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Women's Law Journal, Vol. 2, Iss. 1

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Economic Justice In Divorce, Emily Jackson

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges of achieving economic justice in divorce, particularly for women, who often face financial hardship due to their caregiving roles. It critiques the "clean break" principle in spousal support, arguing that it neglects the economic sacrifices of custodial parents and the value of human capital investments. While spousal support may reinforce gender stereotypes, its denial can perpetuate inequality. The article advocates for a more nuanced legal framework that considers the interplay of law, theory, and social reality to address the economic realities of divorce effectively.

The Provision Of Maintenance For Women And Children In Zimbabwe, Fareda Banda

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges faced by women and children in Zimbabwe in accessing maintenance and property rights after divorce, despite comprehensive legal provisions. It highlights the dual legal system's impact, the judiciary's discretion in property distribution, and the economic and cultural barriers women face, emphasizing the need for legal reforms and improved enforcement mechanisms.

Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan

Cardozo Journal of Equal Rights & Social Justice

The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.

Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Road To Equality: The Application Of The Reasonable Woman Standard In Sexual Harassment Cases, Deborah B. Goldberg

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the adoption of the reasonable woman standard in evaluating hostile work environment sexual harassment claims under Title VII. It argues that this standard is essential to ensure that such claims are assessed from the victim's perspective, particularly considering the gendered differences in perception of harassing behavior. The author contends that the reasonable woman standard promotes equality by recognizing that men and women may perceive sexual harassment differently, and it should be preferred over the gender-neutral reasonable person standard, which often overlooks women's experiences.

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 3 (1995)

Cardozo Journal of International and Comparative Law

No abstract provided.

Table Of Contents - Cardozo Law Review, Volume 16, Issues 3-4

Cardozo Law Review

No abstract provided.

For The Love Of Lacan, Jacques Derrida

Cardozo Law Review

What wouldn't Lacan have said!

What won't he have said!

This is not a question, it is an exclamation: to get my voice right, to find the appropriate tone, before beginning to try out this idiomatic conjunction of negation, denial [denegation], conditional and future in the past, my hypothesis being that these grammars, now in succession, now simultaneously, play the role of a screen and of a mirror in the modalities of the with, as they do in the modalities of the since [depuis] that will have determined Lacan's relationship to the philosophers-to certain philosophers. These few reflections on temporal …

Lacanian Ethics And The Desire For Law, David S. Caudill

Cardozo Law Review

American Critical Legal Studies has its own antinomies, its own indeterminacies, such that it is difficult to talk as though it is a unified position or movement, or even a single methodology or strategy. Generally, however, those who are suspicious of Critical Legal Studies have, from the beginning, aSked how the critical theorist explains his or her own ideology, and the answer is often that ideology is inescapable. Thus the critical project is about disclosure of ideology, not about the claim to know the truth outside ideology.

Rethinking The Beyond Of The Real, Drucilla Cornell

Cardozo Law Review

It is commonplace to note that Sigmund Freud "discovered" another reality. This reality is the reality of the psychic life. The meaning of its unconscious underpinnings surfaces in the other world of dreams and in the slips of the tongue that indicate a beyond to the day-to-day life given to us by conventions of our form of life. Certainly, Freud always returns us to the Jenseits, the other side, the beyond of the unconscious, which leaves its traces and marks on so-called "real objects," but which, on the other hand, can never be simplistically identified with them. An obvious …

Superego By Default, Slavoj Zizek

Cardozo Law Review

The proper way to approach "psychoanalysis and law" is to ask the question: what kind of law is the object of psychoanalysis? The answer is, of course: superego emerges where the law-the public law, the law articulated in the public discourse-fails. At this point of failure, the public law is compelled to search for support in an illegal enjoyment."

The Other Dimension Of Law, Pierre Legendre

Cardozo Law Review

What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].

The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder

Cardozo Law Review

The fasces symbolized the majesty of Roman law. It was an axe attached to a bundle of sticks. Consuls, emperors, and other high-ranking officials were escorted in public by lictors bearing the fasces as the visible representation of the enforcement powers of the state. Offenders could be mercifully flogged with one of the sticks or justly executed with the blade.

Sons Of Writ, Sons Of Wrath: Pierre Legendre’S Critique Of Rational Law-Giving, Anton Schutz

Cardozo Law Review

By nature we have been sons of wrath, according to a thoroughly explored passage of Pauline theology. I should like to put this text to a test. My purpose in this article is to view the work of a twentieth-century Sorbonne Professor of Law through the lens of this Pauline text. Clearly, such a procedure assumes some sort of extraordinary similarity of preoccupation as between these two thinkers. It assumes that the semantic components, filius and ira, and the question of their relationship, are equally crucial to both figures: to the fervent apostle and epistolographer who happened to have …

The Unconscious And The Law The Law And The Unconscious, Jorge Degregorio

Cardozo Law Review

The god Apollo, whose diverse gifts included the ability to interpret dreams, was recognized as the first author of the law, which was dictated through his oracle in Delphi. For his sacred person, dreams were laws and laws, dreams. Let us invent a story in order to fill in the missing pages of the myth:

Laws, as well as the power to decipher the soul's mysteries from dreams, were bestowed upon the Androgyns by the god. Once they acquired the power of law and of dream interpretation, they attempted to scale Olympus and sit on the gods' stage. Zeus, presiding …

Anti-Intellectualism, Pierre Schlag

Cardozo Law Review

There is a recurrent sameness to American legal thought. It is the sameness that comes from saying over and over again what the law is and saying it, of course, in a way that conforms with the law itself.

The Identity Of The Constitutional Subject, Michel Rosenfeld

Cardozo Law Review

The identity of the constitutional subject is elusive and problematic as uncontroverted foundations are hard to come by in contemporary constitutional regimes. The notion of the constitutional subject is itself ambiguous because it is not clear whether it refers to those subject to the constitution, or to the makers of the constitution, or to the subject matter of the constitution. Moreover, even if the who or what of the constitutional subject were settled, the concept of constitutional identity would still be fraught with difficulties. Not only is constitutional identity likely to change over time, but it is also likely to …

Rights In Psychoanalytic And Feminist Perspective, Renata Salecl

Cardozo Law Review

All major philosophical schools todaytake some position on the issue of human rights. On the one hand, so-called postmodern theorists ask how we can understand the narrative of human rights when we no longer believe that its claims are true or that metanarratives are even possible. Instead of searching for first principles and metanorms, postmodernists analyze the discursive form of the notion of rights and read this form as a part of the historically limited Enlightenment project that today has lost its relevance. Neo-Kantians, on the other hand, speak in favor of the notion of human rights and try to …

Legal Emotion: The Women's Story In Totem And Taboo, Arthur J. Jacobson

Cardozo Law Review

My aim is to uncover the unconscious emotions characteristically associated with some basic legal institutions. These emotions are ones we invariably have when we follow or enforce rules, fulfill duties, and claim or exercise rights. We know the conscious emotions that we experience-the cruelty of rules and our fear of them, the hopes in rights, security of duties, and so forth. Yet not all the emotions that we encounter in basic legal institutions are conscious. We experience unconscious emotions as well.

Aggression, Unconscious Conflict, And The Role Of The Lawyer, Jean Roiphe

Cardozo Law Review

Why does an individual need a lawyer? What use is she to her client? Well, we answer, because the lawyer is an expert. She has a superior understanding of a highly technical field. And, of course, this is usually true. But that is not all. The client needs the lawyer not merely for her legal expertise, but for the management of his aggression. The lawyer offers not just legal defense, but defense against the fury of the drives, on the one hand, and the fury of the superego, on the other. The lawyer operates for the client as an …

Ideology As Cultural Software, J. M. Balkin

Cardozo Law Review

This essay concerns one of the apparent casualties of the rise of postmodernism-the theory of ideology. In fact, the "theory of ideology" has never been a unitary theory. From its inception the concept of ideology has always been contested, and hence the theory has generated many variations. The most common version asserts that individuals are afflicted with beliefs that in some way mystify or obscure social reality. This mystification in turn works to the advantage of some classes and to the disadvantage of others. This formulation was developed most prominently within the marxist tradition; it has proved a tempting but …

Primary Perversion And Universal Law, Alan Bass

Cardozo Law Review

My title is a deliberate reference to a paper by Janine Chasseguet-Smirgel, Perversion and the Universal Law. I imagine that Chasseguet-Smirgel would be surprised to hear her name invoked at a conference on Law and the Postmodern Mind, given her commitment to an essentialist model of truth. Within psychoanalysis, though, her theory of perversion has been much discussed and much criticized. Whatever the ultimate assessment of her thinking, Chasseguet-Smirgel does provide a framework for the discussion of the relations between law and the crucial psychoanalytic topic of perversion. The reasons are simple: She understands law as "the law …

Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas

Cardozo Law Review

Where is the site of law's emergence? What opens the field of ethicity? Where does the law come from? Is there a ground of emergence of ethics and of obligation, rather is there a being obligated that arises before any obligation, a duty bound that precedes any particular duty? Our inquiry will attempt to trace the "question of law"-of law's origins and of its value, of law's validity and of its force. Does the law come from the burial ground of the primordial Father? Or from the places of the double murder of the Son and the Daughter? Or, finally, …

Power Without Parents: Juvenile Justice In A Postmodern Society, Jonathan Simon

Cardozo Law Review

It is tempting at times to speak of a general crisis of childhood in America. We hear and read of record numbers of children living in poverty and unprecedented levels of violence against children and adolescents. With astounding frequency, stories emerge of child abuse in the nation's churches, schools, and day-care centers. But this characterization of a general crisis leaps over the specific contexts in which these disturbing images are arising and mistakes the democracy of the daily news for a common fate in America. Such a discussion also risks ignoring the specific technologies of power that are in play, …

Benjamin And The Faculty Of Mimesis, Jeneen Hobby

Cardozo Law Review

No abstract provided.

A Unique And Different Subject Of Law, Alain Pottage

Cardozo Law Review

Might an idiom of love be instituted in law? This question is posed by Luce Irigaray's ethics of sexual difference, which, in the guise of a critique of law, depicts the semantic or symbolic structure of a law that articulates an ethical relation of love-not love as caritatis, but love as eros. This implausible association of love and law seeks to institute an immediate and idiomatic relation within the axiopoietic order of law. Irigaray's J'aime d toi prescribes a set of basic rights which law-in its role as cultural tutor-might institute as the coordinates of a new model …

Making Sense Of Metaphors: Visuality, Aurality, And The Reconfiguration Of American Legal Discourse, Bernard J. Hibbitts

Cardozo Law Review

While American legal discourse has embraced a range of figurative expressions evoking all sorts of sensory experience, it has long favored visual metaphors. We frequently consider law as a matter of looking: we "observe" it; we evaluate claims "in the eye of the law"; our high courts "review" the decisions of inferior tribunals. Alternatively, we speak of law as something one would usually look at: it is a "body," a "text," a "structure," a "bulwark of freedom," a "seamless web,'' and even a "magic mirror." We identify particular legal concepts with striking visual images: property rights are a "bundle of …