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Articles 211 - 240 of 456
Full-Text Articles in Constitutional Law
The Lawless Adjudicator, Robin West
The Failure And Beginnings Again, Milner S. Ball
The Failure And Beginnings Again, Milner S. Ball
Cardozo Law Review
No abstract provided.
Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether
Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether
Cardozo Law Review
No abstract provided.
Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz
Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz
Cardozo Law Review
No abstract provided.
Remarks On Robert Dahl's How Democratic Is The American Constitution?, John P. Mccormick
Remarks On Robert Dahl's How Democratic Is The American Constitution?, John P. Mccormick
Cardozo Law Review
No abstract provided.
The Right To Marry, Cass R. Sunstein
The Right To Marry, Cass R. Sunstein
Cardozo Law Review
The Supreme Court has said that there is a constitutional "right to marry"; but what can this possibly mean? People do not have a right to marry their dog, their aunt, June 29, a rose petal, or a sunny day. This essay attempts to make some progress in understanding both the content and the scope of the right to marry. With respect to content, it concludes that people have no more and no less than this: a right of access to whatever expressive and material benefits the state now provides for the institution of marriage. It follows that the right …
Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski
Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski
Cardozo Law Review
No abstract provided.
Worries In A Limitless World, Renata Salecl
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Cardozo Law Review
No abstract provided.
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Cardozo Law Review
No abstract provided.
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Cardozo Law Review
No abstract provided.
Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz
Abandoning Recess Appointments?: A Comment On Hartnett (And Others), Michael Herz
Cardozo Law Review
No abstract provided.
Constitutional Law As Political Spoils, William P. Marshall
Constitutional Law As Political Spoils, William P. Marshall
Cardozo Law Review
No abstract provided.
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik
Cardozo Law Review
How ought a democracy select its judges? Critics in Canada, England, and Wales invoke the democratic values of accountability and transparency to call for a diminution in prime ministerial control over judicial appointments. In the United States, Article III of the Constitution's text directs that the President nominate - with the advice and consent of the Senate - life-tenured federal judges. Bitter conflicts about particular nominees have produced many proposals for changes of that system. And in those states that rely on various forms of judicial election, concerns focus on funding and campaigning. In short, both globally and locally, democracies …
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Cardozo Law Review
No abstract provided.
Brown V. Board Of Education After Fifty Years, Jack B. Weinstein
Brown V. Board Of Education After Fifty Years, Jack B. Weinstein
Cardozo Law Review
No abstract provided.
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
The Murky Depths Of The Entry Fiction Doctrine: The Plight Of Inadmissible Aliens Post-Zadvydas, Allison Wexler
Cardozo Law Review
No abstract provided.
Plainly Not "Error": Adjudicative Retroactivity On Direct Review, Meir Katz
Plainly Not "Error": Adjudicative Retroactivity On Direct Review, Meir Katz
Cardozo Law Review
No abstract provided.
Scaling Back Constitutional Aspirations, Paula L. Miller
Scaling Back Constitutional Aspirations, Paula L. Miller
Cardozo Law Review
No abstract provided.
Reconstructing The Public Square, Robert Justin Lipkin
Reconstructing The Public Square, Robert Justin Lipkin
Cardozo Law Review
No abstract provided.
Narcissism, Generation X, The Corporate Elite, And The Religious Right Within The Modern Republican Party: A Set Of "Friendly" Observations For President Bush, R. Randall Kelso
Narcissism, Generation X, The Corporate Elite, And The Religious Right Within The Modern Republican Party: A Set Of "Friendly" Observations For President Bush, R. Randall Kelso
Cardozo Law Review
No abstract provided.
Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams
Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams
Cardozo Law Review
No abstract provided.
Beyond Tolerance, Milner S. Ball
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Dialectic And Revolution: Confronting Kelsen And Gadamer On Legal Interpretation, Hans Lindahl
Cardozo Law Review
This paper examines the general structure and conditions of legal interpretation that arise from confronting Gadamer's philosophical hermeneutics with a determinate conception of legal interpretation suggested by Kelsen's Pure Theory of Law. The Gadamerian question, "What defines legal interpretation as interpretation?", suggests that Kelsen's reference to legal norms as "schemes of interpretation" must be radicalized: a hermeneutic circularity or dialectic is at work in the law, such that the legal interpretation of reality also changes, to a lesser or greater extent, the principle of interpretation - the legal norm. The Kelsenian question, "What defines interpretation as legal interpretation?", suggests …
Contracts Of Convenience: Preventing Employers From Unilaterally Modifying Promises Made In Employee Handbooks, Brian T. Kohn
Contracts Of Convenience: Preventing Employers From Unilaterally Modifying Promises Made In Employee Handbooks, Brian T. Kohn
Cardozo Law Review
No abstract provided.
The Folly Of Federalism, Frank B. Cross
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
Cardozo Law Review
In discussions of regulatory takings law, there appears to be an almost universal assumption that its vagueness is a bad thing, a mysterious dysfunction. This article argues that the vagueness in takings doctrine is quite functional and entirely appropriate. Since considerable vagueness turns out to be inevitable, this is just as well. Happily, over time, specific resource use conflicts and transitions sometimes do crystallize out into more predictable forms of law - new rules and customs about specific types of property. Within these specific and limited regimes, we can and should aspire to rules defining the circumstances under which the …
Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter
Cardozo Law Review
No abstract provided.
Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill
Barely Opening, Then Slamming Shut, Science's "Black Box" In Law: A Response To Beecher-Monas's Heuristics, David S. Caudill
Cardozo Law Review
No abstract provided.
Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman
Signs Of The Times: Dale V. Boy Scouts Of America And The Changing Meaning Of Nondiscrimination, Andrew Koppelman
Cardozo Law Review
No abstract provided.