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Articles 391 - 420 of 545
Full-Text Articles in Courts
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
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
Cardozo Law Review
No abstract provided.
Introduction, Andreas Kalyvas, Jan Müller
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
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: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Cardozo Law Review
No abstract provided.
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Cardozo Law Review
No abstract provided.
Changing Relationships Among European Constitutional Courts, Stephen Breyer
Changing Relationships Among European Constitutional Courts, Stephen Breyer
Cardozo Law Review
No abstract provided.
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Wrong Vampire, Garrett Epps
A Tribute To James B. Boskey, Lela P. Love
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
The Earmarking Defense To Voidable Preference Liability: A Reconceptualization, David G. Carlson, William H. Widen
Articles
The article argues that the earmarking doctrine, a judge-created exception to 547b liability, should be reinterpreted under 547c1 of the Bankruptcy Code. It posits that the doctrine's current reliance on vague concepts like "control" is legally unsound and inconsistent with statutory intent. By aligning earmarking with the contemporaneous exchange defense under 547c1, the analysis would focus on the parties' intent and the timing of the exchange, eliminating the need for the controversial control criterion. This approach would bring clarity and consistency to bankruptcy law, preventing arbitrary outcomes and ensuring compliance with the Bankruptcy Code.
The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich
The Second Circuit's Attack On Jury Nullification In United States V. Thomas: In Disregard Of The Law And The Evidence, Ran Zev Schijanovich
Cardozo Law Review
No abstract provided.
Plugging Leaks In The Dike: A Proposal For The Use Of Supplemental Opinions In Federal Appeals, Franklin S. Van Antwerpen, Jason H. Miller, Adam J. Wasserman
Plugging Leaks In The Dike: A Proposal For The Use Of Supplemental Opinions In Federal Appeals, Franklin S. Van Antwerpen, Jason H. Miller, Adam J. Wasserman
Cardozo Law Review
No abstract provided.
How The Law Was Lost, Paul Craig Roberts
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
Justice Without Justices, John O. Mcginnis
Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky
Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky
Articles
In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …
Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter
Autopoiesis And The "Relative Autonomy" Of Law, Hugh Baxter
Cardozo Law Review
Recent accounts of the relation between law and other social spheres have emphasized law's "relative autonomy." The intuition behind the "relative autonomy" formula is that law is neither wholly independent of, nor entirely reducible to, political, economic and other social processes. Sensible as this intuition is, however, the idea of "relative autonomy" by itself remains purely negative. It excludes two unpalatable extremes-pure formalism and pure instrumentalism-but it does not by itself characterize, in positive theoretical terms, the relation between law and other social discourses or practices.
This Article examines an attempt in recent German social thought to specify theoretically the …
The Top Ten Intellectual Property Law Questions That Should Be Asked About Any Merger Or Acquisition, Marci A. Hamilton
The Top Ten Intellectual Property Law Questions That Should Be Asked About Any Merger Or Acquisition, Marci A. Hamilton
Articles
No abstract provided.
Economic Analysis Of The Law Of Evidence: A Caveat, Ron A. Shapira
Economic Analysis Of The Law Of Evidence: A Caveat, Ron A. Shapira
Cardozo Law Review
No abstract provided.
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
Cardozo Law Review
No abstract provided.
Literary Formalism, Legal Formalism, Jeffrey Malkan
Literary Formalism, Legal Formalism, Jeffrey Malkan
Cardozo Law Review
No abstract provided.
The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk
The New York Court Of Appeals: 150 Years Of Leading Decisions, Stewart E. Sterk
Articles
During its first 150 years, the New York Court of Appeals has had more impact on more areas of law than any other court in the United States. Other state courts-the California Supreme Court in the Traynor era, the New Jersey Supreme Court under Chief Justice Weintraub, to take two obvious examples-have had enormous impact, but no other state court has generated leading case after leading case in every decade for 150 years. Federal courts, including the United States Supreme Court, have had an enormous impact on American law, but that impact has been concentrated in public law; no federal …
Relation Back Of "John Doe" Complaints In Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
Relation Back Of "John Doe" Complaints In Federal Court: What You Don't Know Can Hurt You, Steven S. Sparling
Cardozo Law Review
No abstract provided.
Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher
Inequities Of The Drug War: Legislative Discrimination On The Cocaine Battlefield, Andrew N. Sacher
Cardozo Law Review
No abstract provided.
Unjust Laws, Robert F. Utter
Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld
Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld
Cardozo Law Review
No abstract provided.
"Just Say Never?" Poison Pills, Deadhand Pills, And Shareholder-Adopted Bylaws: An Essay For Warren Buffett, Jeffrey N. Gordon
"Just Say Never?" Poison Pills, Deadhand Pills, And Shareholder-Adopted Bylaws: An Essay For Warren Buffett, Jeffrey N. Gordon
Cardozo Law Review
No abstract provided.