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Articles 31 - 60 of 62
Full-Text Articles in Civil Law
Opening Remarks: Advocating For Change, Kurt Mundorff
Opening Remarks: Advocating For Change, Kurt Mundorff
Cardozo Public Law, Policy & Ethics Journal
The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.
Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak
Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak
Cardozo Journal of Equal Rights & Social Justice
The article examines 19th and early 20th-century proposals in France and Germany to introduce a "doubtful sex" category in civil law to address hermaphroditism. While French scholars focused on moral and social order, Germans emphasized humanitarian concerns, ultimately leading to increased medical control over sex determination.
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Whither The Udrp: Autonomous, Americanized, Or Cosmopolitan?, Laurence R. Helfer
Cardozo Journal of International and Comparative Law
The article explores the future trajectory of the Uniform Dispute Resolution Policy (UDRP), outlining three potential evolutionary pathways: an autonomous UDRP distinct from national laws, an Americanized UDRP aligned with U.S. legal frameworks, or a cosmopolitan UDRP influenced by diverse national laws. Each pathway has significant implications for the UDRP's role in resolving domain name disputes globally.
Plainly Not "Error": Adjudicative Retroactivity On Direct Review, Meir Katz
Plainly Not "Error": Adjudicative Retroactivity On Direct Review, Meir Katz
Cardozo Law Review
No abstract provided.
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Cardozo Law Review
No abstract provided.
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Cardozo Law Review
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
Congress And The 2000 Federal Civil Rules Amendments, Carl Tobias
Congress And The 2000 Federal Civil Rules Amendments, Carl Tobias
Cardozo Law Review
No abstract provided.
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Music Theory As A Mode Of Law: The Case Of Heinrich Schenker, Esq., Wayne Alpern
Cardozo Law Review
No abstract provided.
… And From The Associate, Myriam E. Gilles
Resolving The Paradox Between Legal Theory And Legal Fact: The Judicial Rejection Of The Theory Of Efficient Breach, Craig S. Warkol
Resolving The Paradox Between Legal Theory And Legal Fact: The Judicial Rejection Of The Theory Of Efficient Breach, Craig S. Warkol
Cardozo Law Review
No abstract provided.
Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon
Attributing Too Much: The Fifth Circuit Perverts The Scope Of Diversity Jurisdiction, Richard A. Simon
Cardozo Law Review
No abstract provided.
Relation Back Of "John Doe" Complaints In Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
Relation Back Of "John Doe" Complaints In Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
Cardozo Law Review
No abstract provided.
Legal Processes And National Culture, Oscar G. Chase
Legal Processes And National Culture, Oscar G. Chase
Cardozo Journal of International and Comparative Law
The article examines the relationship between national culture and legal processes, arguing that cultural differences significantly impact the feasibility of adopting foreign legal procedures. It focuses on the suggestion to adopt German civil litigation rules in the U.S., asserting that cultural barriers, particularly regarding authority and individualism, make such adoption problematic. The author contends that understanding these cultural dimensions is crucial for evaluating legal reforms.
Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson
Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson
Cardozo Journal of International and Comparative Law
The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.
Cultural Chauvinism In Comparative Law, John H. Langbein
Cultural Chauvinism In Comparative Law, John H. Langbein
Cardozo Journal of International and Comparative Law
The article critiques the use of cultural stereotypes to dismiss the potential of adopting superior legal procedures from other countries, specifically targeting Oscar Chase's argument that American cultural traits prevent the adoption of German civil procedure reforms. It argues that such cultural chauvinism obscures the inefficiencies and injustices in the American adversary system and that procedural improvements from comparative law should not be dismissed based on cultural differences.
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
The Good, The Bad, And The Frivolous Case: An Essay On Probability And Rule 11, Charles M. Yablon
Articles
This essay begins by asking why lawyers bring frivolous cases, cases which, under the standard definitions of frivolousness, have no chance of success and should never have been brought. Rejecting the usual answers of lawyer stupidity and greed, it offers a different view of the frivolous case --that most of the cases that have been challenged and sanctioned in recent years under Rule 11 were brought by lawyers bringing cases they reasonably believed had a low (but not zero) probability of success. This provides a more plausible explanation for wy lawyers persist in bringing such cases, since they are essentially …
Comment On Donald Nieman's Paper, Randall Kennedy
Comment On Donald Nieman's Paper, Randall Kennedy
Cardozo Law Review
I have two responses to Professor Neiman's paper. One emphasizes a point he makes. The other disagrees a bit with his reading of the promise of Reconstruction.
A Rejoinder, Jonathan R. Macey
A Rejoinder, Jonathan R. Macey
Cardozo Law Review
In a rare moment of self-restraint, I resolved not to bother to write a comment to David Ratner's spirited but unconvincing reply to my earlier article in the Cardozo Law Review. Since Ratner's response contained no defense whatsoever of the work of the Securities and Exchange Commission ("SEC"), no criticism whatsoever of my general theory of agency obsolescence, and no theory of its own to defend the SEC, it seemed to me at first that the best course of action was to allow Ratner's reply to serve as its own refutation.
The Vestal And The Fasces: Property And The Feminine In Law And Psychoanalysis, Jeanne L. Schroeder
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.
Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer
Remember The Sabbath? The New York Blue Laws And The Future Of The Establishment Clause, Marc A. Stadtmauer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Cardozo Law Review
No abstract provided.
Forms, Charles M. Yablon
Babel: A She'ur, Richard Hyland
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Awarding Expert Witness Fees In Civil Rights Actions, Bebe Novich
Cardozo Law Review
No abstract provided.
Hegel And The Crisis Of Private Law, Alan Brudner
Hegel And The Crisis Of Private Law, Alan Brudner
Cardozo Law Review
No abstract provided.
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Excepting Civil Rico Claims From Rule 9(B), Chavie N. Kahn
Cardozo Law Review
No abstract provided.
Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman
Monetary Sanctions Against Attorneys For Discovery Abuse In Federal Court: When Can They Be Appealed, Nancy E. Berman
Cardozo Law Review
No abstract provided.
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Evaluation Of Subjective Selection Systems In Title Vii Employment Discrimination Cases: A Misuse Of Disparate Impact Analysis, Stacey B. Babson
Cardozo Law Review
No abstract provided.