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Articles 151 - 180 of 321
Full-Text Articles in Judges
The Lawless Adjudicator, Robin West
The Failure And Beginnings Again, Milner S. Ball
The Failure And Beginnings Again, Milner S. Ball
Cardozo Law Review
No abstract provided.
Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe
Long-Term Solutions For Children In The Child Welfare System: Families For Teens, Alexandra Lowe
Cardozo Public Law, Policy & Ethics Journal
The article advocates for the Families for Teens Initiative, which focuses on engaging teenagers in the foster care system to identify and connect with family resources that are often overlooked. The initiative aims to prevent poor outcomes such as homelessness and incarceration by emphasizing the importance of maintaining family connections and providing normal developmental opportunities for teens.
Reforming The Child Welfare System, Marcia Robinson Lowry
Reforming The Child Welfare System, Marcia Robinson Lowry
Cardozo Public Law, Policy & Ethics Journal
The article argues that child welfare systems in the United States are failing to meet the needs of children and families, particularly poor and marginalized ones, and that litigation is an essential tool for driving systemic reform. It highlights the ineffectiveness of current policies, the lack of political will and accountability, and the critical role of class action lawsuits in exposing systemic failures and securing resources and reforms.
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
Cardozo Law Review
No abstract provided.
Merit Vs. Ideology, Michael J. Gerhardt
Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett
Recess Appointments Of Article Iii Judges: Three Constitutional Questions, Edward A. Hartnett
Cardozo Law Review
No abstract provided.
Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof
Dress Rehearsal Politics And The Case Of Earmarked Judicial Nominees, David A. Yalof
Cardozo Law Review
No abstract provided.
In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky
In Defense Of Filibustering Judicial Nominations, Catherine Fisk, Erwin Chemerinsky
Cardozo Law Review
No abstract provided.
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Judicial Selection: Ideology Versus Character, Lawrence B. Solum
Cardozo Law Review
No abstract provided.
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Should Ideology Matter In Selecting Federal Judges?: Ground Rules For The Debate, Dawn E. Johnsen
Cardozo Law Review
No abstract provided.
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Identifying The Linguistic Boundaries Of Sex: Court Language Choice In Decisions Regarding The Availability Of Sex And Procreation, Amy Zimmerman Hodges
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Cardozo Law Review
No abstract provided.
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law
Cardozo Law Review
No abstract provided.
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 …
Constitutional Law As Political Spoils, William P. Marshall
Constitutional Law As Political Spoils, William P. Marshall
Cardozo Law Review
No abstract provided.
Stick Houses In Peshawbestown, Matthew L. M. Fletcher
Stick Houses In Peshawbestown, Matthew L. M. Fletcher
Cardozo Public Law, Policy & Ethics Journal
The article examines the legal and historical challenges faced by Native American tribes, particularly the Grand Traverse Band of Ottawa and Chippewa Indians, in asserting their sovereignty and rights. It highlights the federal government's role in undermining tribal autonomy through coercive policies, such as forced sterilization and disenrollment, while also exploring the tension between tribal sovereignty and state jurisdiction. The analysis emphasizes the importance of federal recognition and the ongoing struggles for self-governance, cultural preservation, and economic stability in Native American communities.
The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein
The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein
Cardozo Public Law, Policy & Ethics Journal
The article argues that the death penalty in the United States is plagued by significant conceptual and empirical flaws, particularly regarding its reliability and fairness. The author advocates for a moratorium on the death penalty until these issues are addressed, emphasizing the risk of executing innocent individuals and the lack of sufficient safeguards in capital proceedings. While not calling for outright abolition, the article contends that the current system is too flawed to continue without substantial reforms.
To Defer Or Not To Defer: Judicial Review Of Zoning Board Decisions In New York, Elliot Gardner
To Defer Or Not To Defer: Judicial Review Of Zoning Board Decisions In New York, Elliot Gardner
Cardozo Public Law, Policy & Ethics Journal
The note examines the judicial review of zoning board decisions in New York, emphasizing the need to balance deference to local boards with ensuring fairness and transparency. It argues that excessive judicial deference can lead to arbitrary and unjust decisions, particularly in distinguishing between variances and special permits. The author advocates for clearer judicial standards, such as a higher scrutiny for special permits, and proposes reforms like specialized courts to enhance consistency and fairness in zoning decisions.
Unequalled Among Firsts, Peter L. Giunta
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Lawrence V. Texas: When "Profound And Deep Convictions" Collide With Liberty Interests, Nancy J. Knauer
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's landmark decision in Lawrence v. Texas, which overturned Bowers v. Hardwick and invalidated a Texas sodomy law criminalizing same-sex intimacy. The author argues that Lawrence not only advanced individual liberty interests but also marked a significant shift in the legal and cultural recognition of homosexuality, moving beyond earlier frameworks that criminalized or marginalized gay individuals. The decision reflects broader societal changes in understanding same-sex relationships and challenges the use of moral disapproval as a basis for legal restrictions on consensual adult conduct.
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Articles
No abstract provided.
The Immense Rumor, Peter Goodrich
The Immense Rumor, Peter Goodrich
Articles
The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …
Legislative Supremacy: Myth Or Reality?, James Oakes
Legislative Supremacy: Myth Or Reality?, James Oakes
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers
Alternative Approaches To Judicial Review Of Social Security Disability Cases, Paul R. Verkuil, Jeffrey S. Lubbers
Articles
The article evaluates proposals for reforming the judicial review process for Social Security disability determinations, highlighting inefficiencies and variability in the current system. It compares the Social Security Administration (SSA) adjudication process with the Department of Veterans Affairs (VA) appeals system, emphasizing the need for a specialized court to address growing caseloads and improve decisional consistency. The analysis advocates for the creation of a Social Security Court, modeled after the Court of Appeals for Veterans Claims, to enhance uniformity, reduce delays, and alleviate the burden on federal courts.
A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray
A Practice Commentary To Judiciary Law Article 19, Lawrence N. Gray
Cardozo Public Law, Policy & Ethics Journal
The article critically examines New York’s Judiciary Law Article 19, which governs contempt powers, highlighting its complexities, contradictions, and need for reform. It argues that the law conflates criminal and civil contempt, creating confusion in procedure and substance, and that the judiciary’s inherent power to define crimes undermines legislative authority. Additionally, the article addresses the intersection of contempt law with constitutional rights, particularly the Sixth Amendment and news media privileges, emphasizing the need for clarity and modernization of the statute.
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.