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Articles 91 - 120 of 139
Full-Text Articles in Comparative and Foreign Law
The Newness Of New Technology, Monroe E. Price
The Newness Of New Technology, Monroe E. Price
Cardozo Law Review
No abstract provided.
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.
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Carl Schmitt And The Revival Of The Doctrine Of The Constituent Power In The United States, Andrew Arato
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
The Metaphysics Of Constituent Power: Schmitt And The Genesis Of Chile's 1980 Constitution, Renato Cristi
Cardozo Law Review
No abstract provided.
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.
French Secularism, Or Laïcité, Michel Troper
Foreword, Norman Dorsen
Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai
Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai
Cardozo Law Review
No abstract provided.
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Cardozo Law Review
No abstract provided.
Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen
Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen
Cardozo Law Review
No abstract provided.
In Pursuit Of Justice: Recovering Looted Assets Of European Jewry, Naphtali Lau-Lavie
In Pursuit Of Justice: Recovering Looted Assets Of European Jewry, Naphtali Lau-Lavie
Cardozo Law Review
No abstract provided.
Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg
Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel
Outsider Trading On Confidential Information - A Breach In Search Of A Duty, Roberta S. Karmel
Cardozo Law Review
No abstract provided.
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Literary Formalism, Legal Formalism, Jeffrey Malkan
Literary Formalism, Legal Formalism, Jeffrey Malkan
Cardozo Law Review
No abstract provided.
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
Cardozo Law Review
No abstract provided.
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 Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis
The Decline Of The Western Nation State And The Rise Of The Regime Of International Federalism, John O. Mcginnis
Cardozo Law Review
The nation state is in decline, at least among the Western industrialized nations. Decline is a relative term. It does not suggest that the nation state has disappeared, but rather, that it is no longer as defining a feature of geopolitics as it once was, and will likely remain a less controlling feature. In the West, the era of the nation state was characterized by entities that approximated, even if they never attained, absolute control over their territory. First, the nation state had substantial control over economic affairs within its borders. While the world has always been to some extent …
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian
Cardozo Law Review
One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.
Crafting A Corporate Code From Scratch, Uriel Procaccia
Crafting A Corporate Code From Scratch, Uriel Procaccia
Cardozo Law Review
In the summer of 1982 1 was contacted by the incumbent Minister of Justice of the State of Israel, Mr. Moshe Nissim. Nissim asked me to accept the commission of drafting a brand new and fully cohesive corporate code to replace our current, antiquated Companies Ordinance. I consented at once. Having consented, it occurred to me to reflect on the meaning of that little word, "cohesive," which was used-quite inadvertently, I presume-in Minister Nissim's solicitation. I finally came to interpret it as a sort of puzzle, or perhaps a quiz, which the resulting product, the corporate code, was crafted to …
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.
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 …
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.
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.
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.