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Articles 721 - 750 of 777
Full-Text Articles in Comparative and Foreign Law
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Structures Of Environmental Criminal Enforcement, Michael E. Herz
Articles
No abstract provided.
Forms Of Constitution Making And Theories Of Democracy, Andrew Arato
Forms Of Constitution Making And Theories Of Democracy, Andrew Arato
Cardozo Law Review
There are those who still think that constitution making is a task that rests wholly within the realm of lawyers. Indeed, all constitutional texts in modem times have been drafted by lawyers. Behind the texts, however, are the most important political actors and forces of a given society, persuading some interpreters to take the view that constitution making represents the work of the political, of political politics, and of le pouvoir constituant. In such a conception, whoever holds the "constituent power," or acts in its name, hires the lawyers. But does the method of constitution making really matter? Either …
The Journey Into Activism, Bernhard Schlink
The Journey Into Activism, Bernhard Schlink
Cardozo Law Review
In Anna Karenina, Leo Tolstoy teaches us that all happy families are alike and only unhappy families are different. It is the same with courts that engage in constitutional review. All happy constitutional courts, that is, all happily activist constitutional courts are alike and only those that do not play an activist role are different.
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
Cardozo Journal of International and Comparative Law
The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Per Humanitatem Ad Pacem: International Humanitarian Norms As A Jurisprudence Of Peace In The Former Yugoslavia, Mark R. Von Sternberg
Cardozo Journal of International and Comparative Law
No abstract provided.
Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack
Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack
Cardozo Journal of International and Comparative Law
The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …
Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia
Dirigisme And The Challenge Of Competition Law In France, David J. Gerber, Richard Azarnia
Cardozo Journal of International and Comparative Law
The article examines the tension between France's dirigiste traditions and the introduction of competition law, particularly through the 1986 Competition Statute. While the statute aimed to establish legal principles to protect competition and reduce government discretion, the enduring influence of dirigisme—emphasizing state control and administrative prerogatives—continues to challenge the effectiveness of competition law. The *Ville de Pamiers* case highlights this conflict, as it tests the boundaries of competition law's applicability to public services and administrative acts. The analysis reveals that the struggle to balance competition law with dirigiste traditions reflects broader conflicts in redefining the role of government in a …
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
The Crisis Of Unemployment And The Future Of Reform In Central And Eastern Europe: Hungary As A Model, Alisa Yamnarm
Cardozo Journal of International and Comparative Law
The transition from socialism to capitalism in Central and Eastern Europe has brought significant economic and social challenges, including unemployment, social instability, and a decline in living standards. While countries like Hungary have made notable progress in privatization and attracting foreign investment, the region as a whole faces critical trade-offs between rapid reform and easing social burdens. The success of these transitions depends on addressing systemic issues such as weak institutional frameworks, inadequate managerial expertise, and the need for patience among citizens to realize the long-term benefits of reform.
Ideology Between Fiction And Fantasy, Slavoj Zizek
Ideology Between Fiction And Fantasy, Slavoj Zizek
Cardozo Law Review
In his movie version of Franz Kafka's The Trial, Orson Welles accomplished an exemplary anti-obscurantist operation by way of reinterpreting the place and the function of the famous parable on "the door of the Law." In the film, we hear it twice: at the very beginning, it serves as a kind of prologue, read and accompanied by (faked) ancient engravings projected from lantern-slides; then, shortly before the end, it is told to Josef K., not by the priest (as in the novel), but by K.'s lawyer (played by Welles himself) who unexpectedly joins the priest and K. in the …
Reinventing Labor Law: A Rejoinder, Tamara Lothian
Reinventing Labor Law: A Rejoinder, Tamara Lothian
Cardozo Law Review
In an Article published recently in this journal, Stanley Gacek, an attorney working with the United Food and Commercial Workers International Union in the United States, takes issue with my analysis of the political consequences of corporatist and contractualist labor law models, especially as applied to the current situations in Brazil and the United States. Despite our many major disagreements, I welcome Gacek's response to my Article and his effort to expand public discussion of the alternative legal-institutional forms of democratic labor organization. Unfortunately, in the course of developing his own position Gacek seriously misrepresents my views. He also misunderstands …
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
From Advocacy To Management In Divorce: A Women's Issue?, Mavis Maclean
Cardozo Journal of Equal Rights & Social Justice
The article examines the shift in the role of law in divorce proceedings in the U.K., arguing that divorce is increasingly moving away from legal advocacy and toward administrative and managerial processes. This transformation raises critical questions about the implications for women, particularly regarding their access to justice, financial rights, and the role of legal professionals. The article highlights the growing influence of Alternative Dispute Resolution (ADR) and the Child Support Agency (CSA), which are reshaping how divorce, child support, and property disputes are handled, often reducing the involvement of courts and lawyers.
Civil Defamation Law And The Press In Russia: Private And Public Interests, The 1995 Civil Code, And The Constitution, Part One, Peter Krug
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Introduction, Jamey Gambrell
Introduction, Jamey Gambrell
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Law, Force, And The Russian Media, Monroe E. Price
Law, Force, And The Russian Media, Monroe E. Price
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson
Free Speech And The Mass Media In Russia: Lessons From The December 1993 Election And Constitutional Referendum, Melissa Dawson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
The Market For Loyalties: Electronic Media And The Global Competition For Allegiances, Monroe E. Price
Articles
The article critiques the traditional "marketplace of ideas" metaphor in First Amendment jurisprudence and proposes a more accurate framework: the "market for loyalties." This model highlights how powerful entities, including governments and private actors, use communication regulation to shape identities and allegiances. The First Amendment, under this interpretation, functions as a regulatory allocation among these entities rather than a guarantee of unfettered speech. The rise of global communication technologies and competing loyalties challenges the nation-state's ability to control this market, reshaping the role of law and governance in identity formation.
National Socialism And Constitutional Law: Carl Schmitt, Otto Koellreutter, And The Debate Over The Nature Of The Nazi State, 1993-1937, Peter Caldwell
National Socialism And Constitutional Law: Carl Schmitt, Otto Koellreutter, And The Debate Over The Nature Of The Nazi State, 1993-1937, Peter Caldwell
Cardozo Law Review
On January 30, 1933, President von Hindenburg named Adolf Hitler chancellor of the German Republic. One year later, the conservative (and by then National Socialist) constitutional lawyer, Carl Schmitt noted that Hitler's chancellorship was an event that had "already led beyond the Weimar Constitution." But where had the seizure of power led? What was the nature of the new constitution of the German Empire? As historian David Schoenbaum has noted, 1933 was a kind of "constitutional no man's land"; it was unclear how the principles enumerated in the Nazi Party Program of 1920 would translate into the reality of the …
Table Of Contents - Cardozo Law Review, Volume 16, Issue 1
Table Of Contents - Cardozo Law Review, Volume 16, Issue 1
Cardozo Law Review
No abstract provided.
Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier
Enterprise Liability For "Environmental Damage" In German Law And Ec Law, Gert Brüggemeier
Cardozo Journal of International and Comparative Law
The article explores the evolution of enterprise liability in German law, emphasizing its shift towards organizational defects and management systems. It highlights the integration of ecoaudits and environmental management systems to enhance protection, blending strict and fault-based liability. While effective in preventing damage, the system faces challenges in addressing environmental harm due to evidentiary burdens on victims.
Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel
Alienability Restrictions And The Enhancement Of Author Autonomy In United States And Continental Copyright Law, Neil Netanel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Cardozo Law Review
Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.
Federalism: An Architecture For Freedom, Siegfried Wiessner
Federalism: An Architecture For Freedom, Siegfried Wiessner
Cardozo Journal of International and Comparative Law
The article presents federalism as a flexible and effective system for organizing power, emphasizing its relevance in promoting freedom and managing diversity. It argues that federalism, while often misunderstood, offers a viable framework for structuring governance in diverse and restructured communities, particularly in the context of the New Europe.
Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson
Revenue Sharing In The Canadian Federation: Some Pitfalls Of Fiscal Decentralization, Paul A. R. Hobson
Cardozo Journal of International and Comparative Law
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
Articles
Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis
Articles
The 1991 Supreme Court Term was the first during which justices originally appointed by Presidents Ronald Reagan and George Bush-Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, and Clarence Thomas-constituted a majority. The term's main surprise, however, was that this majority of five-indeed, a majority of six when Chief Justice William Rehnquist, elevated to that position by President Reagan precisely because of his judicial philosophy, is included-did not forge a consistent jurisprudential majority characterized by the strict interpretative approach favored by their sponsoring presidents. While, generally speaking, the Court's decisions certainly continued to represent a departure from the expansive …
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint
Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint
Cardozo Law Review
No abstract provided.
Hermeneutics And Constitutional Interpretation, Aharon Barak
Hermeneutics And Constitutional Interpretation, Aharon Barak
Cardozo Law Review
No abstract provided.
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Revolution And Constitutionalism In America, David A.J. Richards
Revolution And Constitutionalism In America, David A.J. Richards
Cardozo Law Review
No abstract provided.