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Cardozo Law Review

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Articles 241 - 270 of 456

Full-Text Articles in Constitutional Law

Respecting Pandora's Box, Erica Beecher-Monas May 2002

Respecting Pandora's Box, Erica Beecher-Monas

Cardozo Law Review

No abstract provided.


The Concept Of Equality In Civil Procedure, William B. Rubenstein May 2002

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.


Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway May 2002

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.


Nine Ways To Avoid A Train Wreck: How Title 3 Should Be Changed, Michael J. Glennon Mar 2002

Nine Ways To Avoid A Train Wreck: How Title 3 Should Be Changed, Michael J. Glennon

Cardozo Law Review

No abstract provided.


The Unbearable Rightness Of Bush V. Gore, Nelson Lund Mar 2002

The Unbearable Rightness Of Bush V. Gore, Nelson Lund

Cardozo Law Review

No abstract provided.


System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter Jan 2002

System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter

Cardozo Law Review

Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …


Ambiguity And Income Taxation, Terrence R. Chorvat Jan 2002

Ambiguity And Income Taxation, Terrence R. Chorvat

Cardozo Law Review

No abstract provided.


When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser Nov 2001

When Is A Parent Not A Parent? On Doma, Civil Unions, And Presumptions Of Parenthood, Mark Strasser

Cardozo Law Review

No abstract provided.


Common Sense, Rationality, And The Legal Process, Ronald J. Allen Jul 2001

Common Sense, Rationality, And The Legal Process, Ronald J. Allen

Cardozo Law Review

No abstract provided.


Theories Of Uncertainty: Explaining The Possible Sources Of Error In Inferences, Vern R. Walker Jul 2001

Theories Of Uncertainty: Explaining The Possible Sources Of Error In Inferences, Vern R. Walker

Cardozo Law Review

No abstract provided.


Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier Jul 2001

Serendipity And Abduction In Proofs, Presumptions, And Emerging Laws, Pek Van Andel, Danièle Bourcier

Cardozo Law Review

No abstract provided.


True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman Jul 2001

True Threats: Evolving Mens Rea Requirements For Violations Of 18 U.S.C. § 875(C), Justin Myer Lichterman

Cardozo Law Review

No abstract provided.


Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge Mar 2001

Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

Cardozo Law Review

No abstract provided.


Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy Mar 2001

Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy

Cardozo Law Review

No abstract provided.


Why The Courts, Anthony Lewis Nov 2000

Why The Courts, Anthony Lewis

Cardozo Law Review

No abstract provided.


Unruly Rights, Linda Ross Meyer Nov 2000

Unruly Rights, Linda Ross Meyer

Cardozo Law Review

No abstract provided.


The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross May 2000

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 May 2000

Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas

Cardozo Law Review

No abstract provided.


Introduction, Andreas Kalyvas, Jan Müller May 2000

Introduction, Andreas Kalyvas, Jan Müller

Cardozo Law Review

No abstract provided.


Carl Schmitt And His Influence On Historians, Reinhard Mehring May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

Schmitt Reads Marx, Jorge E. Dotti

Cardozo Law Review

No abstract provided.


The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao May 2000

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 May 2000

Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick

Cardozo Law Review

No abstract provided.


Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky May 2000

Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky

Cardozo Law Review

No abstract provided.