Open Access. Powered by Scholars. Published by Universities.®

Courts Commons

Open Access. Powered by Scholars. Published by Universities.®

Cardozo Law Review

Discipline
Keyword
Publication Year

Articles 91 - 120 of 221

Full-Text Articles in Courts

Interrogation Warrants, Russell D. Covey Apr 2005

Interrogation Warrants, Russell D. Covey

Cardozo Law Review

No abstract provided.


The New Stage Of Corporate Governance Litigation: Section 220 Demands, Stephen A. Radin Mar 2005

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 Feb 2005

Worries In A Limitless World, Renata Salecl

Cardozo Law Review

No abstract provided.


Judicial Selection And Democratic Theory: Demand, Supply, And Life Tenure, Judith Resnik Jan 2005

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 Nov 2004

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 Nov 2004

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 Mar 2004

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 Aug 2003

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 Apr 2003

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 Mar 2003

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 Jan 2003

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 Aug 2002

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 Aug 2002

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 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.


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 Mar 2002

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 Nov 2001

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 Jul 2001

Explaining Relevance, Paolo Garbolino

Cardozo Law Review

No abstract provided.


Artificial Intelligence, Mindreading, And Reasoning In Law, John A. Barnden, Donald M. Peterson Jul 2001

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 Mar 2001

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 Nov 2000

Why The Courts, Anthony Lewis

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.


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.


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.


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.


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.


Introduction, Andreas Kalyvas, Jan Müller May 2000

Introduction, Andreas Kalyvas, Jan Müller

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: 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.


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.


Changing Relationships Among European Constitutional Courts, Stephen Breyer Feb 2000

Changing Relationships Among European Constitutional Courts, Stephen Breyer

Cardozo Law Review

No abstract provided.