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Cardozo Law Review

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Articles 121 - 150 of 456

Full-Text Articles in Constitutional Law

The Law And Financial Transparency In Churches: Reconsidering The Form 990 Exemption, John Montague Oct 2013

The Law And Financial Transparency In Churches: Reconsidering The Form 990 Exemption, John Montague

Cardozo Law Review

Most tax-exempt organizations are required to file the IRS Form 990, an information return that is open to the public. The Form 990 is used by watchdogs and donors to learn detailed financial information about charities. However, churches are exempt from filing the Form 990 and need not disclose any financial information to the IRS, the public, or their donors. In December 2012, the Evangelical Council for Financial Accountability recommended to Senator Charles Grassley that Congress should preserve the exemption, despite recent financial scandals at churches.

Examining the legislative history, this Article argues that the primary function of the information …


The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade Jun 2013

The Plea-Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Cardozo Law Review

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen's low-level conviction will not reliably indicate guilt …


"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein Apr 2013

"That's The Guy!": Federal Rule Of Evidence 801(D)(1)(C) And Out-Of-Court Statements Of Identification, Gilbert M. Rein

Cardozo Law Review

No abstract provided.


Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino Feb 2013

Classifying Constitutions: Preliminary Conceptual Analysis, Pasquale Pasquino

Cardozo Law Review

No abstract provided.


The Origins And Import Of Republican Constitutionalism, Clifford Ando Feb 2013

The Origins And Import Of Republican Constitutionalism, Clifford Ando

Cardozo Law Review

No abstract provided.


"Keep The Public Rich, But The Citizens Poor": Economic And Political Inequality In Constitutions, Ancient And Modern, John P. Mccormick Feb 2013

"Keep The Public Rich, But The Citizens Poor": Economic And Political Inequality In Constitutions, Ancient And Modern, John P. Mccormick

Cardozo Law Review

No abstract provided.


Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule Feb 2013

Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule

Cardozo Law Review

No abstract provided.


Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell Aug 2012

Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell

Cardozo Law Review

No abstract provided.


The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet Jun 2012

The European Convention On Human Rights And National Constitutional Reordering, Alec Stone Sweet

Cardozo Law Review

No abstract provided.


Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth Jun 2012

Constitutionalism Beyond The State? The Administrative Character Of European Governance Revisited, Peter L. Lindseth

Cardozo Law Review

No abstract provided.


Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism, Jan-Werner Müller Jun 2012

Constitutional Patriotism Beyond The Nation-State: Human Rights, Constitutional Necessity, And The Limits Of Pluralism, Jan-Werner Müller

Cardozo Law Review

No abstract provided.


Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman Jun 2012

Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman

Cardozo Law Review

No abstract provided.


The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink Jun 2012

The Constitutional Subject And Its Identity: My German Experience, Bernhard Schlink

Cardozo Law Review

No abstract provided.


Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry Jun 2012

Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry

Cardozo Law Review

No abstract provided.


The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld Jun 2012

The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe Apr 2012

Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe

Cardozo Law Review

No abstract provided.


What Police Learn From Lawsuits, Joanna C. Schwartz Feb 2012

What Police Learn From Lawsuits, Joanna C. Schwartz

Cardozo Law Review

This Article asks what can be learned from the vast amount of information generated by modern civil litigation. One answer lies in the practices of a small but growing number of law enforcement agencies that pay careful attention to suits brought against them and their officers. These departments gather information from initial complaints, discovery, and case resolutions and use that information to identify personnel and policy weaknesses. Lawsuit data has proven valuable to these departments' performance-improvement efforts: suits have alerted departments to incidents of misconduct, and the information developed during the course of discovery and trial has been found to …


Petty Offenses, Drastic Consequences: Toward A Sixth Amendment Right To Counsel For Noncitizen Defendants Facing Deportation, Alice Clapman Dec 2011

Petty Offenses, Drastic Consequences: Toward A Sixth Amendment Right To Counsel For Noncitizen Defendants Facing Deportation, Alice Clapman

Cardozo Law Review

No abstract provided.


A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, Erin Smith Dennis Dec 2011

A Mosaic Shield: Maynard, The Fourth Amendment, And Privacy Rights In The Digital Age, Erin Smith Dennis

Cardozo Law Review

No abstract provided.


Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon Oct 2011

Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon

Cardozo Law Review

The Defense of Marriage Act (DOMA) has created a new wave of interest in the Full Faith and Credit Clause and its apparent contradictions. Important recent scholarship has shown that American lawyers in the eighteenth century often viewed the term "full faith and credit" as referring to an evidentiary rule. This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. Rather than seek …


Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld Jul 2011

Constitutional Versus Administrative Ordering In An Era Of Globalization And Privatization: Reflections On Sources Of Legitimation In The Post-Westphalian Polity, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


The Religion Clauses As Mutually Reinforcing Mandates: Why The Arguments For Rigorously Enforcing The Free Exercise Clause And Establishment Clause Are Stronger When Both Clauses Are Taken Seriously, Alan Brownstein May 2011

The Religion Clauses As Mutually Reinforcing Mandates: Why The Arguments For Rigorously Enforcing The Free Exercise Clause And Establishment Clause Are Stronger When Both Clauses Are Taken Seriously, Alan Brownstein

Cardozo Law Review

No abstract provided.


Smith In Theory And Practice, Nelson Tebbe May 2011

Smith In Theory And Practice, Nelson Tebbe

Cardozo Law Review

Employment Division v. Smith controversially held that general laws that were neutral toward religion would no longer be presumptively invalid, regardless of how much they incidentally burdened religious practices. That decision sparked a debate that continues today, twenty years later. This symposium Essay explores the argument that subsequent courts have in fact been less constrained by the principal rule of Smith than advocates on both sides of the controversy usually assume. Lower courts administering real world disputes often find they have all the room they need to grant relief from general laws, given exceptions written into the decision itself and …


Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer May 2011

Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer

Cardozo Law Review

No abstract provided.


The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer May 2011

The Good, The Bad, And The Ugly Of Employment Division V. Smith For Family Law, James G. Dwyer

Cardozo Law Review

No abstract provided.


Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar May 2011

Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar

Cardozo Law Review

No abstract provided.


The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger May 2011

The Politics Of Free Exercise After Employment Division V. Smith: Same-Sex Marriage, The "War On Terror," And Religious Freedom, Richard Schragger

Cardozo Law Review

No abstract provided.


The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett May 2011

The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett

Cardozo Law Review

No abstract provided.


Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank Mar 2011

Such Visible Fiction: The Expansion Of Scott V. Harris To Prisoner Eighth Amendment Excessive Force Claims, Nina Frank

Cardozo Law Review

No abstract provided.


The Black Poor, Black Elites, And America's Prisons, James Forman Jr. Jan 2011

The Black Poor, Black Elites, And America's Prisons, James Forman Jr.

Cardozo Law Review

No abstract provided.