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Articles 1 - 10 of 10
Full-Text Articles in Law
Enforcing Principled Constitutional Limits On Federal Power: A Neo-Federalist Refinement Of Justice Cardozo's Jurisprudence, Robert J. Pushaw Jr.
Enforcing Principled Constitutional Limits On Federal Power: A Neo-Federalist Refinement Of Justice Cardozo's Jurisprudence, Robert J. Pushaw Jr.
William & Mary Law Review
Since the New Deal of the mid-1930s, Congress has asserted virtually absolute power to (1) “regulate Commerce ... among the States,” (2) tax and spend for the “general Welfare,” and (3) delegate “legislative Power[ ]” to the executive branch. From 1937 until 1994, the Supreme Court rejected every claim that such statutes had exceeded Congress’s Article I authority and usurped the states’ reserved powers under the Tenth Amendment. Over the past quarter century, conservative Justices have tried, and failed, to develop principled constitutional limits on the federal government while keeping the modern administrative and social welfare state largely intact.
The …
Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine
Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine
Touro Law Review
No abstract provided.
The Passing Of The Cardozo Generations, Stephen E. Gottlieb
The Passing Of The Cardozo Generations, Stephen E. Gottlieb
Akron Law Review
I want to make the following three points:
First, constitutional discourse has changed from the consequentialism of the generations of lawyers and judges who followed the model of Benjamin N. Cardozo to the formalism now ascendant in bench and bar.
Second, this change in constitutional rhetoric and argument has widened the disjunctions in argument. Polling data make clear that people have their own views of the Constitution. Knowledge about contrary official interpretations gives them vocabulary, but is relatively unlikely to change minds. Moral arguments and appeals to self-interest are more effective with the public.
Third, one consequence is that both …
Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin
Holmes, Cardozo, And The Legal Realists: Early Incarnations Of Legal Pragmatism And Enterprise Liability, Edmund Ursin
San Diego Law Review
The theory of enterprise liability is associated with the tort lawmaking of the liberal California Supreme Court of the 1960s and 1970s. Legal pragmatism, in turn, is associated with the conservative jurist Richard Posner. This Article explains that early incarnations of each can be found in the works of four giants in American law: Justice Oliver Wendell Holmes, Judge—later Justice—Benjamin Cardozo, and the Legal Realists Leon Green and Karl Llewellyn. As will be seen, these scholars and judges shared a common view of the lawmaking role of courts. Stated simply, this shared view was that judges are lawmakers and policy …
Benjamin N. Cardozo: New York Giant, Robert M. Jarvis, Phyllis Coleman
Benjamin N. Cardozo: New York Giant, Robert M. Jarvis, Phyllis Coleman
Marquette Sports Law Review
No abstract provided.
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
Cardozo And Posner: A Study In Contracts, Lawrence A. Cunningham
William & Mary Law Review
No abstract provided.
Legal Philosophy - Recent Contributions, Neil W. Schilke
Legal Philosophy - Recent Contributions, Neil W. Schilke
William & Mary Law Review
No abstract provided.
Mr. Justice Cardozo, Thomas P. Hardman
Law And Literature, By Benjamin N. Cardozo, Daniel James
Law And Literature, By Benjamin N. Cardozo, Daniel James
Indiana Law Journal
No abstract provided.
Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper
Book Review. The Paradoxes Of Legal Science By Benjamin N. Cardozo, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.