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Articles 1 - 30 of 35
Full-Text Articles in Civil Law
How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel
How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel
Cardozo Law Review
No abstract provided.
Janus-Faced Rulemaking, Brooke Coleman
The Normativity Of Possibilities And Ideals, Tvsi Blanchard
The Normativity Of Possibilities And Ideals, Tvsi Blanchard
Cardozo Law Review
To begin, Arthur, I want to say to you, that it's privilege for me to be a part of this event that honors you. We've known each other for a long time and I, as all of us here, have always recognized your intellectual capability and deep insight. But I also want to add here that you are at the same time a very kind, caring person. In many ways, you are the embodiment of what I would hold the most important Jewish value of Chesed, loving-kindness. For me it is an inspiration to know you.
The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon
The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon
Cardozo Law Review
No abstract provided.
The Cost Of Rules, The Rules Of Costs, Victor Marrero
The Cost Of Rules, The Rules Of Costs, Victor Marrero
Cardozo Law Review
No abstract provided.
Court Transparency And The First Amendment, David S. Ardia
Court Transparency And The First Amendment, David S. Ardia
Cardozo Law Review
"Publicity is the very soul of justice," legal philosopher Jeremy Bentham once warned.1 Regrettably, lady justice is at risk of losing her soul. In courts across the country, secrecy is increasingly the norm. Indeed, the extent of secrecy in American courts is astonishing, especially given the assumption by many that the First Amendment guarantees a right of public access to the courts. In reality, the United States Supreme Court has explicitly held only that there is a First Amendment right of public access to criminal trials and pre-trial proceedings. The Court has never addressed the question of whether there is …
The Plain Language Court, David A. Strauss
The Plain Language Court, David A. Strauss
Cardozo Law Review
The Roberts Court, under Chief Justice John Roberts, has demonstrated a strong and consistent commitment to the plain language approach in statutory interpretation. This approach emphasizes interpreting statutes based on their literal text, often without considering legislative history or broader statutory purposes. The Court's decision in Milner v. Department of the Navy exemplifies this trend, where the Court adhered to the plain language of the Freedom of Information Act (FOIA) despite significant policy concerns. This approach has become more unanimous among the justices, reflecting a shift from earlier Courts that were more divided on this method.
The Cost Of Rules, The Rule Of Costs, Victor Marrero
The Cost Of Rules, The Rule Of Costs, Victor Marrero
Cardozo Law Review
No abstract provided.
Autoptic Film, Alex Murray
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
Cardozo Law Review
No abstract provided.
Special Masters And E-Discovery: The Intersection Of Two Recent Revisions To The Federal Rules Of Civil Procedure, Shira A. Scheindlin, Jonathan M. Redgrave
Special Masters And E-Discovery: The Intersection Of Two Recent Revisions To The Federal Rules Of Civil Procedure, Shira A. Scheindlin, Jonathan M. Redgrave
Cardozo Law Review
No abstract provided.
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Tripartite Structures Of Criminal Law In Germany And Other Civil Law Jurisdictions, Russell L. Christopher
Cardozo Law Review
No abstract provided.
Holistic Culpability, Kimberly Kessler Ferzan
Holistic Culpability, Kimberly Kessler Ferzan
Cardozo Law Review
No abstract provided.
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.
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.
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.
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.
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.