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Cardozo Law Review

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Articles 181 - 210 of 456

Full-Text Articles in Constitutional Law

Originalism's Expiration Date, Adam M. Samaha Dec 2008

Originalism's Expiration Date, Adam M. Samaha

Cardozo Law Review

The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …


Rights Without Remedy: The Myth Of State Court Accessibility After The Prison Litigation Reform Act, Alison Brill Nov 2008

Rights Without Remedy: The Myth Of State Court Accessibility After The Prison Litigation Reform Act, Alison Brill

Cardozo Law Review

No abstract provided.


Against Freedom Of Commercial Expression, Tamara R. Piety May 2008

Against Freedom Of Commercial Expression, Tamara R. Piety

Cardozo Law Review

No abstract provided.


Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner Mar 2008

Are Journalists Privileged?: Panel Discussion, Anthony Lewis, Max Frankel, Victor Kovner

Cardozo Law Review

No abstract provided.


Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser Jan 2008

Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser

Cardozo Law Review

No abstract provided.


"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict Jan 2008

"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict

Cardozo Law Review

No abstract provided.


Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman Jan 2008

Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman

Cardozo Law Review

No abstract provided.


The Calling Forth Clause And The Domestic Commander In Chief, Stephen I. Vladeck Jan 2008

The Calling Forth Clause And The Domestic Commander In Chief, Stephen I. Vladeck

Cardozo Law Review

No abstract provided.


Intention Is All There Is: A Critical Analysis Of Aharon Barak's Purposive Interpretation In Law, Stanley Fish Jan 2008

Intention Is All There Is: A Critical Analysis Of Aharon Barak's Purposive Interpretation In Law, Stanley Fish

Cardozo Law Review

No abstract provided.


Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig Oct 2007

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.


More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb Oct 2007

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.


A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes Oct 2007

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.


The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan May 2007

The Source-Centric Framework To The Exclusionary Rule, Luke M. Milligan

Cardozo Law Review

No abstract provided.


Means To Legitimate Ends: Same-Sex Marriage Through The Lens Of Illegitimacy-Based Discrimination, Benjamin G. Ledsham Apr 2007

Means To Legitimate Ends: Same-Sex Marriage Through The Lens Of Illegitimacy-Based Discrimination, Benjamin G. Ledsham

Cardozo Law Review

No abstract provided.


Sensors And Sensibilities, Kevin Werbach Apr 2007

Sensors And Sensibilities, Kevin Werbach

Cardozo Law Review

No abstract provided.


Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb Feb 2007

Standing Room Only: Why Fourth Amendment Exclusion And Standing Can No Longer Logically Coexist, Sherry F. Colb

Cardozo Law Review

No abstract provided.


Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter Feb 2007

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter

Cardozo Law Review

No abstract provided.


Which Constitution? Who Decides?: The Problem Of Judicial Supremacy And The Interbranch Solution, Robert Justin Lipkin Dec 2006

Which Constitution? Who Decides?: The Problem Of Judicial Supremacy And The Interbranch Solution, Robert Justin Lipkin

Cardozo Law Review

No abstract provided.


States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr. Dec 2006

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.


Exactions: Exploring Exactly When Nollan And Dolan Should Be Triggered, Jane C. Needleman Dec 2006

Exactions: Exploring Exactly When Nollan And Dolan Should Be Triggered, Jane C. Needleman

Cardozo Law Review

No abstract provided.


Strengthening The Criminal Defendant's Right To Counsel, Anne Bowen Poulin Dec 2006

Strengthening The Criminal Defendant's Right To Counsel, Anne Bowen Poulin

Cardozo Law Review

No abstract provided.


Two Constitutional Wrongs Do Not Make A Right: Double Jeopardy And Prosecutorial Misconduct Under The Brady Doctrine, Adam M. Harris Nov 2006

Two Constitutional Wrongs Do Not Make A Right: Double Jeopardy And Prosecutorial Misconduct Under The Brady Doctrine, Adam M. Harris

Cardozo Law Review

No abstract provided.


The Griswold Diagrams: Toward A Unified Theory Of Constitutional Rights, Stephen Kanter Nov 2006

The Griswold Diagrams: Toward A Unified Theory Of Constitutional Rights, Stephen Kanter

Cardozo Law Review

No abstract provided.


Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone Oct 2006

Text, Tradition, And Reason In Comparative Perspective: An Introduction, Adam Seligman, Suzanne Last Stone

Cardozo Law Review

No abstract provided.


Adapting Divine Law To Change: The Experience Of The Roman Catholic Church (With Some Reference To Jewish And Islamic Law), Silvio Ferrari Oct 2006

Adapting Divine Law To Change: The Experience Of The Roman Catholic Church (With Some Reference To Jewish And Islamic Law), Silvio Ferrari

Cardozo Law Review

No abstract provided.


Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade Oct 2006

Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade

Cardozo Law Review

No abstract provided.


The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler Oct 2006

The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler

Cardozo Law Review

No abstract provided.


Schmitt V. Dicey: Are States Of Emergency Inside Or Outside The Legal Order?, David Dyzenhaus Mar 2006

Schmitt V. Dicey: Are States Of Emergency Inside Or Outside The Legal Order?, David Dyzenhaus

Cardozo Law Review

No abstract provided.


The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat Jan 2006

The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat

Cardozo Law Review

No abstract provided.


Terrorist Speech And The Future Of Free Expression, Laura K. Donohue Oct 2005

Terrorist Speech And The Future Of Free Expression, Laura K. Donohue

Cardozo Law Review

No abstract provided.