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Articles 181 - 210 of 321
Full-Text Articles in Judges
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Pierre The Anomalist: An Epistemology Of The Legal Closet, Peter Goodrich
Articles
The article examines Pierre Schlag's radical critique of legal reason and the legal academy, which challenges the profession's reliance on abstract norms and universal truths. Schlag's work, often met with hostility, exposes the material and emotional underpinnings of legal discourse, particularly the fear of losing control and status tied to the academy's faith in reason. His critique is situated within broader philosophical traditions that question the limits of reason and the importance of creativity in legal thought. The article also explores how Schlag's ideas intersect with other scholars' work, such as Reginald Leamon Robinson's analysis of legal narrative and identity, …
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Introduction To The Conference On Fundamentalisms, Equalities, And The Challenge To Tolerance In A Post-9/11 Environment, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Transparency Reconsidered: On Postmodernism, Fundamentalism, And Other Dark Matters, Geoffrey Hartman
Transparency Reconsidered: On Postmodernism, Fundamentalism, And Other Dark Matters, Geoffrey Hartman
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 …
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
Articles
No abstract provided.
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
The Unbearable Rightness Of Bush V. Gore, Nelson Lund
The Unbearable Rightness Of Bush V. Gore, Nelson Lund
Cardozo Law Review
No abstract provided.
Human Judges Of Truth, Deception, And Credibility: Confident But Erroneous, Saul M. Kassin
Human Judges Of Truth, Deception, And Credibility: Confident But Erroneous, Saul M. Kassin
Cardozo Law Review
No abstract provided.
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Articles
This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …
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.
What Is "Common" About Common Sense?: Cautionary Tales For Travelers Crossing Disciplinary Boundaries, Marilyn Maccrimmon
What Is "Common" About Common Sense?: Cautionary Tales For Travelers Crossing Disciplinary Boundaries, Marilyn Maccrimmon
Cardozo Law Review
No abstract provided.
Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton
Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton
Articles
No abstract provided.
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
Cardozo Journal of International and Comparative Law
The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.
Chinese Population Transfer In Tibet, John S. Hall
Chinese Population Transfer In Tibet, John S. Hall
Cardozo Journal of International and Comparative Law
The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Duncan Kennedy As I Imagine Him: The Man, The Work, His Scholarship, And The Polity, Peter Goodrich
Cardozo Law Review
No abstract provided.
Cls 2001, Jeremy Paul
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Cardozo Law Review
No abstract provided.
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
Cardozo Law Review
No abstract provided.
Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley
Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley
Cardozo Law Review
No abstract provided.
Denial: Not Just A River In Egypt, Gary Minda
Denial: Not Just A River In Egypt, Gary Minda
Cardozo Law Review
No abstract provided.
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Edward De Grazia
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg
A Response On Cardozo To Professors Kaufman And Schwarz, Richard H. Weisberg
Articles
The article responds to critiques of Benjamin Cardozo's jurisprudence by emphasizing his belief in the dual role of judicial subjectivity and adherence to legal precedent. Cardozo advocated for a balanced approach where judges use their "trained intuition" to seek justice, even when it requires departing from formal rules. The author argues that Cardozo's method is evident in numerous cases and stresses the importance of judicial craftsmanship and language in legal decisions.
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
Articles
No abstract provided.
Why The Courts, Anthony Lewis
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.
Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey
Outlaw Blues: Law In The Songs Of Bob Dylan, Adam Gearey
Cardozo Law Review
No abstract provided.
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo Law Review
No abstract provided.
Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman
Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman
Cardozo Law Review
No abstract provided.
Delegation And Democracy: A Reply To My Critics, David Schoenbrod
Delegation And Democracy: A Reply To My Critics, David Schoenbrod
Cardozo Law Review
No abstract provided.