Law Commons^™

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.

In Memoriam: David Feller, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Facing Tyranny With Justice: Alternatives To War In The Confrontation With Iraq, George Bisharat

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

A Few Thoughts About Using Visual Images In Latcrit, Jo Carrillo

Faculty Scholarship

No abstract provided.

Can We Talk? About Food And Drug Regulation And The First Amendment, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

The Limits Of The Polygraph, David L. Faigman, Stephen E. Fienberg, Paul C. Stern

Faculty Scholarship

No abstract provided.

An Economic Defense Of Concurrent Antitrust Jurisdiction, William S. Dodge

Faculty Scholarship

No abstract provided.

The Structural Rules Of Transnational Law, William S. Dodge

Faculty Scholarship

No abstract provided.

Making Moral Judgments Through Behavioural Science: The "Substantial Lack Of Volitional Control" Requirement In Civil Commitments, David L. Faigman

Faculty Scholarship

No abstract provided.

Expert Evidence In Flatland: The Geometry Of A World Without Scientific Culture, David L. Faigman

Faculty Scholarship

No abstract provided.

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

Faculty Scholarship

No abstract provided.

The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman

Faculty Scholarship

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.

Free Association: The United States Experience, Chimène Keitner, W. Michael Reisman

Faculty Scholarship

No abstract provided.