Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (175)
- Criminal Procedure (156)
- Jurisprudence (154)
- Administrative Law (125)
- Courts (116)
-
- First Amendment (115)
- Fourteenth Amendment (114)
- Human Rights Law (101)
- International Law (96)
- Legal History (93)
- Legislation (83)
- Comparative and Foreign Law (82)
- Entertainment, Arts, and Sports Law (82)
- Law and Gender (76)
- Law and Society (76)
- Communications Law (74)
- Judges (74)
- Civil Rights and Discrimination (70)
- Jurisdiction (57)
- Intellectual Property Law (56)
- Supreme Court of the United States (52)
- Immigration Law (50)
- State and Local Government Law (48)
- Torts (48)
- Evidence (45)
- Education Law (38)
- Law and Politics (38)
- Fourth Amendment (37)
- Keyword
-
- Constitutional Law (235)
- Constitutional Law -- Basic Law: Human Dignity and Liberty (77)
- Constitutional Law -- Freedom of Expression (44)
- Jurisprudence (44)
- Administrative Law -- Discretion (43)
-
- Politics (General) (41)
- Constitutional Law -- Equality Before the Law (37)
- Courts (37)
- Legal History (37)
- Judges (36)
- Administrative Law -- Judicial review (34)
- Legal Practice and Procedure (33)
- First Amendment (32)
- Fourteenth Amendment (29)
- Constitutional Law -- State of Emergency and National Security (28)
- Constitutional Law -- Judicial Review (26)
- Criminal Law and Procedure (22)
- Legislation (22)
- Constitutional Law -- Separation of Powers (21)
- Human Rights Law (21)
- Constitutional Law -- Legislation (20)
- Due Process (20)
- International Law -- Occupied territories (19)
- Supreme Court of the United States (19)
- Constitutional Law -- Freedom of Religion (18)
- Government (General) (18)
- Constitutional Law -- Government (15)
- Constitutional Law -- Property Rights (15)
- Penology (15)
- Religion and the Law (15)
- Publication Year
- Publication
-
- Cardozo Law Review (456)
- Translated Opinions (229)
- Articles (172)
- Cardozo Journal of Equal Rights & Social Justice (90)
- Cardozo Arts & Entertainment Law Journal (78)
-
- Cardozo Public Law, Policy & Ethics Journal (56)
- Cardozo Journal of International and Comparative Law (38)
- Online Publications (33)
- Cardozo Journal of Conflict Resolution (25)
- Cardozo Law Review de•novo (25)
- Cardozo International & Comparative Law Review (15)
- Amicus Briefs (13)
- 2025–2026 Flyers (10)
- 2022 Event Invitations (9)
- 2022–2023 Flyers (8)
- 2023 Event Invitations (8)
- 2025 Event Invitations (7)
- Testimony (7)
- 2023–2024 Flyers (6)
- 2024 Event Invitations (4)
- 2024–2025 Flyers (4)
- 2021 Event Invitations (1)
- 2026 Event Invitations (1)
- Cardozo News 2023 (1)
- Speeches & Presentations (1)
- Publication Type
Articles 901 - 930 of 1297
Full-Text Articles in Constitutional Law
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Fetal Neglect And State Intervention: Preventing Another Attleboro Cult Baby Death, Marilyn L. Miller
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and ethical implications of the Rebecca Corneau case, where the state intervened in her pregnancy due to concerns about the viability of her fetus and her refusal of medical care based on religious beliefs. The court balanced Corneau's constitutional rights against the state's interest in protecting the fetus, ultimately prioritizing the latter. This decision highlights the tension between individual autonomy, religious freedom, and fetal rights, raising significant questions about the limits of state intervention in pregnancy.
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Drug Tests, Arrests & Fetuses: A Comment On The U.S. Supreme Court's Narrow Opinion In Ferguson V. City Of Charleston, Brigitte M. Nahas
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Ferguson v. City of Charleston, where the Court ruled that a hospital's drug-testing policy for pregnant patients violated the Fourth Amendment. The analysis critiques the Court's narrow opinion for failing to provide clear guidance on future drug-testing policies, while emphasizing the unconstitutionality of using such policies primarily for law enforcement purposes. The author argues that the decision leaves unresolved questions about the balance between government interests and women's privacy and reproductive rights, particularly in the context of prenatal care and drug use.
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
E-Commerce, Business Method Patents, And The Uspto: An Old Debate For A New Economy, Q. Todd Dickinson
E-Commerce, Business Method Patents, And The Uspto: An Old Debate For A New Economy, Q. Todd Dickinson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky
Has The Computer Revolution Placed Our Children In Danger? A Closer Look At The Child Pornography Prevention Act Of 1996, Alison R. Gladowsky
Cardozo Journal of Equal Rights & Social Justice
The note examines the constitutionality of the Child Pornography Prevention Act of 1996 (CPPA), focusing on its expansion of child pornography definitions to include virtual images. It argues that the CPPA is a necessary measure to protect children from exploitation, despite First Amendment challenges, and advocates for its constitutionality based on compelling government interests.
Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton
Why Federalism Must Be Enforced: A Response To Professor Kramer, Marci A. Hamilton
Articles
The United States Supreme Court has issued a series of opinions that turn on the Constitution's inherent principles of federalism, decisions that have alarmed many a legal scholar. Some scholars have attacked the Court for overstepping its bounds, and others have criticized the Court on the ground that the federal/state balance should be maintained through the political process rather than judicial review. The most recent advocate of this position, Professor Larry Kramer, recently argued in the Columbia Law Review that the political party structure ensures that state interests are taken into account at the federal level, and therefore the Supreme …
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
Articles
The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …
Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld
Constitutional Migration And The Bounds Of Comparative Analysis, Michel Rosenfeld
Articles
The article explores the complexities and challenges of comparative constitutional analysis, highlighting how constitutional ideas and norms migrate across nations. It emphasizes that while such analysis is necessary and can provide valuable insights, it must be approached with caution, considering the unique cultural, historical, and political contexts of each country. The author argues that foreign constitutional materials can influence domestic law both directly and indirectly, but their application must account for contextual differences to avoid misinterpretation or misuse.
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
Articles
No abstract provided.
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
The World Trade Constitution, John O. Mcginnis, Mark L. Movsesian
Articles
Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power …
State Of Israel V. Jabarin, Theodor Or, Aharon Barak, Dalia Dorner, Jacob Turkel, Dov Levin, Yaakov Kedmi, Eliahu Mazza
State Of Israel V. Jabarin, Theodor Or, Aharon Barak, Dalia Dorner, Jacob Turkel, Dov Levin, Yaakov Kedmi, Eliahu Mazza
Translated Opinions
Facts: A further hearing on the judgment of the Supreme Court in CrimA 4147/95 Muhammad Yousef Jabarin v. State of Israel in which the appellant was convicted of an offense under section 4(a) of the Prevention of Terrorism Ordinance 5798-1948 for an article he had published. This further hearing addresses the question whether the construction of section 4(a) of the Prevention of Terrorism Ordinance requires a causal connection between the publication of the words of praise, sympathy, or encouragement and the risk of the occurrence of acts of violence pursuant to the publication, for a conviction. The court further …
Why The Courts, Anthony Lewis
Unruly Rights, Linda Ross Meyer
Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe
Expressing Oneself Without A Constitution: The Israeli Story, Zaharah R. Markoe
Cardozo Journal of International and Comparative Law
The note examines the challenges to freedom of expression in Israel, highlighting the absence of a written constitution and the tension between security concerns, religious influences, and democratic values. It argues that while the High Court of Israel has played a crucial role in protecting civil liberties, the lack of constitutional protections leaves freedom of expression vulnerable, particularly in cases involving national security and religious sensibilities.
Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi
Schwartz V. State Of Israel, Dorit Beinisch, Aharon Barak, Dalia Dorner, Eliahu Mazza, Mishael Cheshin, Shlomo Levin, Theodor Or, Tova Strasberg-Cohen, Yaakov Kedmi
Translated Opinions
Facts: The applicant was convicted in the District Court in Tel-Aviv-Jaffa of two offenses: the commission of rape under section 345(A)(1) of the Penal Law 5737-1977 and the commission of sodomy, an offense under section 347(A) of the Penal Law. The applicant was sentenced to four years in prison, of which three years were of actual imprisonment and one year was on probation. In addition the court ordered the applicant to compensate the complainant in the amount of NIS 10,000. At the time the conviction was handed down, at the request of the applicant’s counsel, the District Court stayed …
Hoffman V. Director General Of The Prime Minister’S Office, Eliahu Mazza, Dorit Beinisch, Tova Strasberg-Cohen
Hoffman V. Director General Of The Prime Minister’S Office, Eliahu Mazza, Dorit Beinisch, Tova Strasberg-Cohen
Translated Opinions
This petition concerns the Petitioners’ request to establish arrangements that would enable them to pray in the prayer area adjacent to the Western Wall in “women’s prayer groups, together with other Jewish women, while they are wearing tallitot [prayer shawls] and reading aloud from the Torah”, as required by the judgment of the Supreme Court in HCJ 257/89 Hoffman v. Director of the Western Wall (hereinafter: the First Judgment). Pursuant to the First Judgment, the Government decided, in 1994, to appoint a Directors General Committee, headed by the Director General of the Prime Minister’s Office, to present a proposal for …
The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross
Cardozo Law Review
No abstract provided.
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Cardozo Law Review
No abstract provided.
Introduction, Andreas Kalyvas, Jan Müller
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Cardozo Law Review
No abstract provided.
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
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.
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.
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.
Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld
Comprehensive Pluralism Is Neither An Overlapping Consensus Nor A Modus Vivendi: A Reply To Professors Arato, Avineri, And Michelman, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Schmitt Reads Marx, Jorge E. Dotti
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
Cardozo Law Review
No abstract provided.
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Cardozo Law Review
No abstract provided.