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Articles 91 - 120 of 221
Full-Text Articles in Courts
Interrogation Warrants, Russell D. Covey
The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin
The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin
Cardozo Law Review
No abstract provided.
Worries In A Limitless World, Renata Salecl
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 …
The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz
The Filing Of A Bankruptcy Petition In Violation Of 11 U.S.C. § 109(G): Does It Invoke The Automatic Stay?, Robert Lefkowitz
Cardozo Law Review
No abstract provided.
Civil Rights Liability Of Private Entities, Barbara Kritchevsky
Civil Rights Liability Of Private Entities, Barbara Kritchevsky
Cardozo Law Review
No abstract provided.
Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck
Pleas For Dna Testing: Why Lawmakers Should Amend State Post-Conviction Dna Testing Statutes To Apply To Prisoners Who Pled Guilty, Daina Borteck
Cardozo Law Review
No abstract provided.
Censorship, Repression Or Denial?: Unpacking The Symptom Of People V. Wu, Penelope Pether
Censorship, Repression Or Denial?: Unpacking The Symptom Of People V. Wu, Penelope Pether
Cardozo Law Review
No abstract provided.
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.
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 …
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.
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.
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.
Why The Courts, Anthony Lewis
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Cardozo Law Review
No abstract provided.
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
Cardozo Law Review
No abstract provided.
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.