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Articles 31 - 60 of 70
Full-Text Articles in Common Law
The Second Canonization Of The Talmud, Hanina Ben-Menahem
The Second Canonization Of The Talmud, Hanina Ben-Menahem
Cardozo Law Review
No abstract provided.
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth
Cardozo Law Review
No abstract provided.
Perpetual Trusts, Conservation Servitudes, And The Problem Of The Future, Susan F. French
Perpetual Trusts, Conservation Servitudes, And The Problem Of The Future, Susan F. French
Cardozo Law Review
No abstract provided.
Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie
Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie
Cardozo Law Review
No abstract provided.
Surviving Common Law: Silence And The Violence Internal To The Legal Sign, Peter D. Rush
Surviving Common Law: Silence And The Violence Internal To The Legal Sign, Peter D. Rush
Cardozo Law Review
No abstract provided.
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Cardozo Law Review
No abstract provided.
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper
Cardozo Journal of International and Comparative Law
The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …
Reading The Fossil Record: A New Look At Old Law, Elliot Gardner
Reading The Fossil Record: A New Look At Old Law, Elliot Gardner
Cardozo Law Review
No abstract provided.
The Immense Rumor, Peter Goodrich
The Immense Rumor, Peter Goodrich
Articles
The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …
State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart
State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart
Cardozo Law Review
No abstract provided.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Articles
The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
The Board Of Directors And Internal Control, Melvin A. Eisenberg
The Board Of Directors And Internal Control, Melvin A. Eisenberg
Cardozo Law Review
No abstract provided.
The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham
The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham
Articles
No abstract provided.
The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman
The Duration Of Copyright And The Limits Of Cultural Policy, J. H. Reichman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Back To The Parent: Holding Company Liability For Subsidiary Banks - A Discussion Of The Net Worth Maintenance Agreement, The Source Of Stength Doctrine, And The Prompt Corrective Action Provision, Cassandra Jones Havard
Cardozo Law Review
The unprecedented number of bank failures in the past several years has spawned a crisis in the industry and fueled an extensive debate about how federal regulators can effectively make banks more responsible for guaranteeing the soundness of their operations. For the federal regulators most involved-the Federal Deposit Insurance Corporation ("FDIC"), Office of Thrift Supervision ("OTS"), and the Federal Reserve Board ("FRB") -Congress is directing the effort to enhance the banks' guarantees of self-policing. Congress's basic response to the crisis has been to heighten the minimum capital levels the banks must maintain to avoid direct corrective intervention by the federal …
Benjamin Nathan Cardozo The Teacher, Joseph W. Bellacosa
Benjamin Nathan Cardozo The Teacher, Joseph W. Bellacosa
Cardozo Law Review
The forty-seventh Cardozo Memorial Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on November 9, 1994.
Critiquing The Legal Order In The Name Of “Critical Morality”, Julius Cohen
Critiquing The Legal Order In The Name Of “Critical Morality”, Julius Cohen
Cardozo Law Review
The moral criticism of the legal order has been a longtime sport (serious), if not an industry, for law teachers, theorists, judges, and other legal functionaries. In the process, they often reach for criteria beyond those utilized in conventional morality. Sometimes the reach "beyond" is ad hoc; sometimes it is accompanied by an awareness that it is toward a pattern of a higher-level, critical morality. The reach beyond is often triggered by a need to resolve conflicts within conventional morality. Or it is a function of the distrust of some of the sources of conventional morality, such as prejudice, unrefined …
Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan
Consent To Marital Rape: Common Law Oxymoron?, Katherine O'Donovan
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the historical and legal underpinnings of the marital rape exemption in common law, arguing that the concept of consent within marriage has been used to undermine women's autonomy and perpetuate gender inequality. It traces the evolution of this exemption from its roots in Sir Matthew Hale's 17th-century legal writings to its eventual abolition in England and Australia, highlighting the broader implications for women's citizenship and bodily integrity.
German Constitutional Culture In Transition, Bernhard Schlink
German Constitutional Culture In Transition, Bernhard Schlink
Cardozo Law Review
No abstract provided.
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
Cardozo Law Review
No abstract provided.
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
Cardozo Law Review
This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
Cardozo Law Review
No abstract provided.
Open Justice In A Closed Legal System?, Bernhard Schlink
Open Justice In A Closed Legal System?, Bernhard Schlink
Cardozo Law Review
No abstract provided.
From Rights In Copies To Copyright: The Recognition Of Authors' Rights In English Law And Practice In The Sixteenth And Seventeenth Centuries, John Feather
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Comment On Fenves And Heller, M. M. Slaughter
Comment On Fenves And Heller, M. M. Slaughter
Cardozo Law Review
No abstract provided.