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Articles 361 - 390 of 546
Full-Text Articles in Courts
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
Cardozo Law Review
No abstract provided.
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Cardozo Law Review
No abstract provided.
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
The Law Is Straight And Narrow, How American Courts Define Families, Elisa Laird
Cardozo Journal of Equal Rights & Social Justice
The article argues that American law is inherently biased toward traditional heterosexual family structures, creating significant barriers for same-sex couples and non-traditional families seeking legal recognition and rights. The legal system's "straight and narrow" framework often excludes these families from accessing benefits and protections granted to heterosexual families, reflecting deeply entrenched religious and historical influences.
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Which Wave Are You? Comments On The Collected Essays From The Seminar "To Do Feminist Legal Theory", Deborah W. Post
Cardozo Journal of Equal Rights & Social Justice
The article discusses the challenges and opportunities in teaching feminist legal theory to law students, particularly those who may be entering formal education later in life. It highlights the importance of engaging students through innovative teaching methods and fostering critical thinking skills. The author reflects on their own teaching strategies, including the use of Socratic methods and the integration of feminist sensibilities, while acknowledging the risks and criticisms associated with these approaches. The central argument emphasizes the need for a restorative and redistributive vision of justice in legal education.
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 …
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
The Evolution Of The United Nations Position On Terrorism: From Exempting National Liberation Movements To Criminalizing Terrorism Wherever And By Whomever Committed, Malvina Halberstam
Articles
No abstract provided.
If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love
If Portia Were A Mediator: An Inquiry Into Justice In Mediation, Jonathan M. Hyman, Lela P. Love
Articles
No abstract provided.
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.
Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft
Uncertain Risk: The United States Military And The International Criminal Court, Christopher M. Van De Kieft
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
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.
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Cardozo Law Review
No abstract provided.
A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman
A Question Of Revenge: Munchausen Syndrome By Proxy And A Proposed Diminished Capacity Defense For Homicidal Mothers, E. Selene Steelman
Cardozo Journal of Equal Rights & Social Justice
The note argues that Munchausen Syndrome by Proxy (MSBP) should be legally recognized as a severe mental disorder, allowing defendants to use a diminished capacity defense in cases of accidental filicide. The author critiques the legal system's inconsistent treatment of MSBP, which often focuses on the physical harm to the child while neglecting the mother's mental state. By acknowledging MSBP as a psychiatric disorder, the law could achieve more nuanced outcomes that consider both the act and the defendant's mental condition, reducing stigma and promoting fairness in criminal liability assessments.
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Robert L. Bard, Lewis Kurlantzic
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase
The American Inventors Protection Act Of 1999: An Analysis Of The New Eighteen-Month Publication Provision, Reiko Watase
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson
Surcharge And Standing: Bankruptcy Code Section 506(C) After Hartford Underwriters, David G. Carlson
Articles
The Supreme Court's decision in Hartford Underwriters Insurance Co. v. Union Planters Bank, N.A., which limited standing under 11 U.S.C. § 506(c) to bankruptcy trustees, fails to conclusively resolve the issue of who can bring such claims. The ruling creates legal complexities, as it does not fully address ownership of the proceeds or provide clear guidance, leading to potential workarounds by secured creditors and trustees. The article argues that the decision may be circumvented, and the current framework for handling § 506(c) claims remains unsatisfactory, necessitating further legislative or judicial clarification.
Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson
Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson
Cardozo Law Review
No abstract provided.
Explaining Relevance, Paolo Garbolino
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson
Cardozo Law Review
No abstract provided.
Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton
Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton
Articles
No abstract provided.
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
Cardozo Journal of International and Comparative Law
The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.
Chinese Population Transfer In Tibet, John S. Hall
Chinese Population Transfer In Tibet, John S. Hall
Cardozo Journal of International and Comparative Law
The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.
Who's Afraid Of The Critique Of Adjudication?: Tracing The Discourse Of Law In Development, Kerry Rittich
Who's Afraid Of The Critique Of Adjudication?: Tracing The Discourse Of Law In Development, Kerry Rittich
Cardozo Law Review
No abstract provided.
Free? Exercise, Marci A. Hamilton
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
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.
Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren
Art: To Fund Or Not To Fund? That Is Still The Question, Sarah F. Warren
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Why The Courts, Anthony Lewis
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
The Intervention Of American Law In Jewish Divorce: A Pluralist Analysis, Suzanne Last Stone
Articles
The article examines the tension between gender equality and religious freedom through the lens of the *agunah* problem in Jewish law, where women are unable to remarry due to their husbands' refusal to grant a Jewish divorce (*get*). It critiques civil remedies aimed at addressing this issue, such as the Get Law, and evaluates their constitutional implications under the religion clauses. The analysis uses pluralist theories to assess how the liberal state should respond to conflicts between universal rights and group-specific legal practices, arguing that current approaches often undermine cultural diversity and individual rights within religious groups.
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.