Law Commons^™

Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth

Faculty Publications

No abstract provided.

More Disagreement Over Human Dignity: The Federal Constitutional Court's Most Recent Benetton Advertising Decision, Craig T. Smith

Faculty Publications

No abstract provided.

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Scholarly Works

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …

Taking Ethical Discretion Seriously: Ethical Deliberation As Ethical Obligation, Samuel J. Levine

Scholarly Works

This Article builds on and responds to the work of a number of leading ethics scholars who have offered alternatives to the prevailing model of legal ethics. Specifically, the Article proposes a "Deliberative Model," which posits that the lawyer's professional responsibility carries with it a duty on the individual lawyer to exercise discretion through consideration of the relevant ethical issues. Thus, the Article takes seriously the principle of ethical discretion, respecting the role of individual ethical decision-making but requiring that such decision-making be carried out through a justifiable process of ethical deliberation.

Which Wave Are You? Comments On The Collected Essays From The Seminar “To Do Feminist Legal Theory”, Deborah W. Post

Scholarly Works

No abstract provided.

Generation X In Law School: The Dying Of The Light Or The Dawn Of A New Day, Tracy L. Mcgaugh

Scholarly Works

No abstract provided.

Enabling Work For People With Disabilities: A Post-Integrationist Revision Of Underutilized Tax Incentives, Francine J. Lipman

Scholarly Works

No abstract provided.

The Working Poor Are Paying For Government Benefits: Fixing The Hole In The Anti-Poverty Purse, Francine J. Lipman

Scholarly Works

No abstract provided.

Oliphant And Its Discontents: An Essay Introducing The Case For Reargument Before The American Indian Nations Supreme Court, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

What Happens To The Iraqi Oil? Thoughts On Some Significant Unexamined International Legal Questions Regarding Occupation Of Oil Fields, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara Bucholtz

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Smoking In Bed, Tamara Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Cultural Context Matters: Terry's "Seesaw Effect", Frank Rudy Cooper

Scholarly Works

This Article investigates why the enforcement of a given legal doctrine may vary with changes in the cultural context in which it is applied. It argues that officials apply the law along an "enforcement practices continuum" in accord with changes in the prevailing articulations of the meaning of cultural identity norms associating particular groups with crime.

Terry v. Ohio doctrine allows police officers to make "stops" and "frisks" of limited scope upon reasonable suspicion of crime rather than requiring the higher standard of probable cause. The Article contends the officer discretion resulting from this "scope continuum" approach permits cultural identity …

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

Scholarly Works

This article explores the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. It rejects his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. The article then explores how character (especially of those at the top of an organization) can lead to Enron-like disasters, and discusses how cognitive dissonance can lead to very smart people making very stupid decisions. It ends with some musings about how lawyers can learn from Enron.

Tax Compliance And The Reformed Irs, Leandra Lederman

Articles by Maurer Faculty

The Internal Revenue Service Restructuring and Reform Act of 1998 directed the IRS to transform itself into an agency focused on "customers." What affect will such a focus on service have on compliance? This article analyzes not only the post-IRS reform statistics on enforced compliance but also considers the more important question of the likely impact of IRS friendliness on so-called "voluntary compliance."

Although some have suggested that a kinder IRS might prompt increased voluntary compliance, this article argues that it likely will not, based on the literature examining the impact on voluntary compliance of tax collector service to taxpayers …

The Interplay Between Norms And Enforcement In Tax Compliance, Leandra Lederman

Articles by Maurer Faculty

What will increase individuals' compliance with the federal income tax? There are rich legal, economic, and sociological literatures examining this question. The traditional answer that increased enforcement will increase compliance is supported by both economic modeling and a number of experiments. However, studies show that appeals to normative beliefs about honesty in taxpaying play an important role as well.

A number of scholars have suggested that vigorous enforcement of the tax laws may be counterproductive because it may suggest that noncompliance is the norm. This article argues, in part, that enforcement and a compliance norm are not inconsistent but rather …

"Venn" And The Art Of Shared Governance, Nancy B. Rapoport

Scholarly Works

This article discusses the concept of shared governance in the context of a law school that is part of a university. It argues that the governance of a law school is a shared process between the dean/administration and the faculty. It explains why law schools can't be run the way that businesses are run, and it tries to explain governance in terms of jurisdiction.

Publisher's Note

Cardozo Law Review

No abstract provided.

Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz

Cardozo Law Review

No abstract provided.

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Cardozo Law Review

No abstract provided.

Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel

Cardozo Law Review

The main question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law - and how law must then be transformed. The methodological parable imagines a "post-genealogy" or "post-ressentiment" phase of the human condition, akin to the Marxist "post-revolutionary" phase: How would law look for the person of power - overman or otherwise - who needs to live among others? How is normativity possible - what are its forms and …

"Buyer's Regret" No Longer: Drafting Effective Mac Clauses In A Post-Ibp Environment, Sherri L. Toub

Cardozo Law Review

No abstract provided.

The Challenge Of Building An Inter-Communal Rule Of Law In Helen Hunt Jackson's Ramona, Chimène Keitner

Faculty Scholarship

No abstract provided.

Slouching Toward Discretion, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Congressional Power To Regulate Sex Discrimination: The Effect Of The Supreme Court's "New Federalism", Calvin R. Massey

Faculty Scholarship

No abstract provided.

Eyewitness Identification: Expert Witnesses Are Not The Only Solution, Roger C. Park

Faculty Scholarship

No abstract provided.

Resisting Culture, Joel R. Paul

Faculty Scholarship

No abstract provided.

Private Law Making, David Snyder

Scholarly Articles in Law Reviews & Journals

This article argues that a significant amount of law is privately made and suggests that privately made law should be subjected to the same kinds of questioning as publicly made law, considering in the end whether privately made law might be considered "molecular federalism." Private lawmaking, through which one private group makes rules that govern much larger groups, extends well beyond the boundaries of relatively well-known examples of private legislatures like the American Law Institute and the Uniform Law Commissioners. The phenomenon includes the practical ability of private entities to make law governing many kinds of corporate, commercial, and consumer …

Racism And U.S. Immigration Law: Prospects For Reform After "9/11?", Richard A. Boswell

Faculty Scholarship

No abstract provided.

What Attorneys Think Of Jury Trial Innovations, William W. Schwarzer, J. Donald Cowan Jr., Thomas M. Chrisham

Faculty Scholarship

No abstract provided.