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Articles 511 - 540 of 550
Full-Text Articles in Courts
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
The Paradox In Bork's Antitrust Paradox, Leonard Orland
The Paradox In Bork's Antitrust Paradox, Leonard Orland
Cardozo Law Review
No abstract provided.
Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham
Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham
Cardozo Law Review
No abstract provided.
Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson
Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David G. Carlson
Cardozo Law Review
No abstract provided.
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Texaco V. Pennzoil: The Use And Creation Of Precedent By The Second Circuit, Peter Lushing
Articles
The article critiques the U.S. Court of Appeals for the Second Circuit's decision in *Texaco Inc. v. Pennzoil Company*, arguing that the court's ruling was result-oriented and undermined the integrity of judicial precedent. The decision, which stayed the enforcement of a $11.12 billion state court judgment against Texaco, was based on an expansive interpretation of due process and civil rights law. However, the court's attempt to limit its holding to the "extraordinary circumstances" of the case raises concerns about the consistency and fairness of the judicial process, as it creates a precedent that may not be applicable to smaller stakeholders.
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Judicially Ordered Social Reform: Neofederalism And Neonationalism And The Debate Over Political Structure, David Rudenstine
Articles
The article examines the ideological divide within the U.S. Supreme Court between neofederalism and neonationalism, two legal theories that shape the Court's approach to federalism and individual rights. Neofederalism emphasizes state autonomy and limits federal intervention in state institutions, while neonationalism advocates for a stronger federal role in protecting individual rights, even if it requires overriding state decisions. This divide significantly influences the Court's rulings on issues such as prison conditions and institutional reform, reflecting broader debates about the role of federalism in social reform and judicial decision-making.
Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg
Priorities And Statutory Construction: Mechanic's Liens In New York, Jonathan E. Stassberg
Cardozo Law Review
No abstract provided.
Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman
Strategic Bankruptcies: Class Actions, Classification & The Dalkon Shield Cases, Sharon Youdelman
Cardozo Law Review
No abstract provided.
Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack
Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack
Cardozo Law Review
No abstract provided.
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
Cardozo Law Review
No abstract provided.
The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg
The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg
Articles
The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.
A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson
A "Home Run" Application Of Established Principles Of Statutory Construction: U.C.C. Analogies, Donald J. Rapson
Cardozo Law Review
No abstract provided.
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Proof Of Injury And Damages In Non-Standardized Product Price-Fixing Class Actions, Nancy R. Heller
Cardozo Law Review
No abstract provided.
The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
The Supreme Court's "Resolution" Of The Tax Accrual Workpapers Controversy, Diana Gillett Plotkin
Cardozo Law Review
No abstract provided.
What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler
What To Do With The Supreme Courts Burgeoning Calendars?, Milton Handler
Cardozo Law Review
No abstract provided.
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cable Television Monopoly And The First Amendment, Jordan S. Stanzler
Cardozo Law Review
No abstract provided.
Salvage And The Public Interest, Steven F. Friedell
Salvage And The Public Interest, Steven F. Friedell
Cardozo Law Review
No abstract provided.
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
The Impact Of A Solvent Corporation's Reorganization On Products Liability Claimants, Hal B. Perkins
Cardozo Law Review
No abstract provided.
The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman
The Transformation In Senate Response To Supreme Court Nominations: From Reconstruction To The Taft Administration And Beyond, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Richard Neeley: How Courts Govern America, Donald P. Lay
Richard Neeley: How Courts Govern America, Donald P. Lay
Cardozo Law Review
No abstract provided.
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Statistical Implications Of Reasoning With Polygraph Evidence: Developing Instructions For The Trier Of Fact, James A. Finder
Cardozo Law Review
Report and Recommendation to the New York State Bar Association by the Committee on Federal Constitution
Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye
Cardozo Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Sanford H. Kadish
In Memory Of Monrad G. Paulsen, Sanford H. Kadish
Cardozo Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
In Memory Of Monrad G. Paulsen, Walter J. Wadlington
Cardozo Law Review
No abstract provided.
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
In Memory Of Monrad G. Paulsen, Marvin E. Frankel
Cardozo Law Review
No abstract provided.
Segal V. Minister Of Interior, Haim Herman Cohn, Shlomo Levin, Aharon Barak
Segal V. Minister Of Interior, Haim Herman Cohn, Shlomo Levin, Aharon Barak
Translated Opinions
The Time Determination Ordinance, 1940, established the legal basis for Summer Time” (i.e., Daylight Savings Time). The petition raised the questions whether the establishing of Summer Time was mandatory or discretionary, and whether the Minister of the Interior lawfully exercised his discretion in deciding not to exercise his authority under the Ordinance. In addition, the petition required that the Court address the question whether a public interest petitioner has legal standing before the High Court of Justice, where the petitioner has no personal interest. The petition also raised the issue of whether the Court must defer to the competent governmental …
Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey
Special Litigation Committees - An Expanding And Potent Threat To Shareholder Derivative Suits, Robert P. Mulvey
Cardozo Law Review
No abstract provided.
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Eulogy For Murray I. Gurfein, Irving R. Kaufman
Cardozo Law Review
No abstract provided.
Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman
Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman
Cardozo Law Review
Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …