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Constitutional Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 1111 - 1140 of 1297

Full-Text Articles in Constitutional Law

Confederalism And Stability In The Commonwealth Of Independent States, Stephan Kux Apr 1993

Confederalism And Stability In The Commonwealth Of Independent States, Stephan Kux

Cardozo Journal of International and Comparative Law

The article examines the post-Soviet transition of the Commonwealth of Independent States (CIS), arguing that despite the chaos following the Soviet Union's dissolution, a pattern of political alignment and economic cooperation has emerged among its member republics. The CIS serves as a transitional framework, experimenting with new forms of interstate association, which also informs the study of federalism. While the CIS lacks institutionalization and faces challenges such as diverging views on key issues and interrepublican conflicts, it demonstrates a margin of intergovernmental coordination. The article concludes that domestic developments within the republics are the most critical factors shaping the future …


The Constitution Outside The Courts, Frederick A.O. Schwarz Jr. Apr 1993

The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.

Cardozo Law Review

The forty-fourth Cardozo Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 5, 1991.


An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen Apr 1993

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.


Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark Apr 1993

Strange Bedfellows: Two Paradoxes In Constitutional Discourse Over Corporate And Individual Political Activity, Andrew Stark

Cardozo Law Review

No abstract provided.


A Further Word Against Consensus, John O. Mcginnis Feb 1993

A Further Word Against Consensus, John O. Mcginnis

Articles

In their Response to my Essay, Professors Strauss and Sunstein not only take issue with a few of my arguments but also suggest a measure of consensus between their views and mine on the confirmation process.1 While I very much appreciate their proffer of half an olive branch, upon reflection I believe that the differences between us concerning the confirmation process remain very great and illustrate even more profound differences concerning the premises and structure of our republican Constitution.


The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis Feb 1993

The President, The Senate, The Constitution, And The Confirmation Process: A Reply To Professors Strauss And Sunstein, John O. Mcginnis

Articles

No abstract provided.


Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza Jan 1993

Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza

Translated Opinions

Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …


Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia Jan 1993

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti Jan 1993

Outing: Justifiable Or Unwarranted Invasion Of Privacy? The Private Facts Tort As A Remedy For Disclosures Of Sexual Orientation, Barbara Moretti

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Defense Of Prostitutes' Self-Organization, Drucilla Cornell Jan 1993

A Defense Of Prostitutes' Self-Organization, Drucilla Cornell

Cardozo Journal of Equal Rights & Social Justice

The article advocates for the decriminalization of prostitution as a necessary step toward empowering sex workers to self-organize and improve their working conditions. Drawing on personal experiences as a union organizer in the 1970s, the author highlights the shared struggles of women workers, including prostitutes, under exploitative capitalist systems. The article emphasizes the importance of recognizing prostitutes as workers deserving of labor rights and union representation, rather than viewing them solely as victims. It critiques the exclusion of sex workers from traditional labor organizing and argues that decriminalization would enable them to collectively address their exploitation and deconstruct oppressive conditions.


A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin Jan 1993

A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin

Cardozo Law Review

No abstract provided.


Constitutionalism And Revolution, Stanley N. Katz Jan 1993

Constitutionalism And Revolution, Stanley N. Katz

Cardozo Law Review

No abstract provided.


Constitutional Powermaking For The New Polity: Some Deliberations On The Relations Between Constituent Power And The Constitution, Ulrich K. Preuss Jan 1993

Constitutional Powermaking For The New Polity: Some Deliberations On The Relations Between Constituent Power And The Constitution, Ulrich K. Preuss

Cardozo Law Review

No abstract provided.


Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld Jan 1993

Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster Jan 1993

Constitutional Bootstrapping In Philadelphia And Paris, Jon Elster

Cardozo Law Review

No abstract provided.


Revolution And Constitutionalism In America, David A.J. Richards Jan 1993

Revolution And Constitutionalism In America, David A.J. Richards

Cardozo Law Review

No abstract provided.


The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau Jan 1993

The Constitutional Judge: Master Or Slave Of The Constitution?, Dominique Rousseau

Cardozo Law Review

No abstract provided.


Preferred Generations: A Paradox Of Restoration Constitutions, András Sajó Jan 1993

Preferred Generations: A Paradox Of Restoration Constitutions, András Sajó

Cardozo Law Review

No abstract provided.


Constitutional Identity, George P. Fletcher Jan 1993

Constitutional Identity, George P. Fletcher

Cardozo Law Review

No abstract provided.


Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint Jan 1993

Constitution-Making By Treaty In German Unification: A Comment On Arato, Elster, Preuss, And Richards, Peter E. Quint

Cardozo Law Review

No abstract provided.


Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West Jan 1993

Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West

Cardozo Law Review

No abstract provided.


On Property And Constitutionalism, Cass R. Sunstein Jan 1993

On Property And Constitutionalism, Cass R. Sunstein

Cardozo Law Review

No abstract provided.


The Moment Of Constitutional Opportunity, Marci A. Hamilton Jan 1993

The Moment Of Constitutional Opportunity, Marci A. Hamilton

Cardozo Law Review

Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.


Comment, Agnes Heller Jan 1993

Comment, Agnes Heller

Cardozo Law Review

No abstract provided.


Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr. Jan 1993

Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.

Cardozo Law Review

No abstract provided.


Transitional Constitutions, Arthur J. Jacobson Jan 1993

Transitional Constitutions, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.


Dilemmas Arising From The Power To Create Constitutions In Eastern Europe, Andrew Arato Jan 1993

Dilemmas Arising From The Power To Create Constitutions In Eastern Europe, Andrew Arato

Cardozo Law Review

No abstract provided.


The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis Jan 1993

The Bar Against Challenges To Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. Mcginnis

Articles

No abstract provided.


The 1991 Supreme Court Term: Review And Outlook, John O. Mcginnis Jan 1993

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 …


James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky Jan 1993

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

Articles

Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.