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Articles 271 - 300 of 321
Full-Text Articles in Judges
My Pizza With Ninó, Alex Kozinski
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Justice Scalia’S Jurisprudence And The Good Society: Shades Of Felix Frankfurter And The Harvard Hit Parade Of The 1950’S, Peter B. Edelman
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Cardozo Law Review
No abstract provided.
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton
Articles
No abstract provided.
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
A Reconsideration Of The Relevance And Materiality Of The Preamble In Constitutional Interpretation, Milton Handler, Brian Leiter, Carole E. Handler
Cardozo Law Review
No abstract provided.
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Tradition, Betrayal, And The Politics Of Deconstruction, J. M. Balkin
Cardozo Law Review
No abstract provided.
History's Challenge To Feminism, Jeanne L. Schroeder
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Justifying The Judge's Hunch: An Essay On Discretion, Charles M. Yablon
Articles
The article explores the interplay between jurisprudential and procedural perspectives on judicial discretion, arguing that these two discourses—often treated as distinct—offer valuable insights into each other. It examines how different models of discretion (skill, expediency, and creativity) operate within institutional frameworks, emphasizing the normative assumptions underlying their justifications. The analysis highlights the tension between rule-bound decision-making and the practical realities of judicial discretion, particularly in sentencing and appellate review.
Capital Punishment: A Disputation, Peter Lushing
Capital Punishment: A Disputation, Peter Lushing
Articles
The article critiques the use of capital punishment, arguing that it is morally flawed, ineffective as a deterrent, and disproportionately applied to marginalized groups. Through a dialogue between a judge and a clerk, it highlights the emotional and societal complexities surrounding the death penalty, ultimately advocating for its abolition in favor of life imprisonment and systemic reforms.
Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby
Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby
Cardozo Law Review
No abstract provided.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.
Cardozo Law Review
No abstract provided.
The Dialogue Of Heart And Head, Lynne Henderson
The Dialogue Of Heart And Head, Lynne Henderson
Cardozo Law Review
No abstract provided.
Justice Brennan, Natural Right, And Constitutional Interpretation, George Anastaplo
Justice Brennan, Natural Right, And Constitutional Interpretation, George Anastaplo
Cardozo Law Review
No abstract provided.
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Justice Brennan: The Heart Has Its Reasons, Richard D. Cudahy
Cardozo Law Review
No abstract provided.
A Justice's Passion, David Cole
Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg
Judicial Discretion, Or The Self On The Shelf, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Humane Law And Humanisitic Justice, Edward De Grazia
Humane Law And Humanisitic Justice, Edward De Grazia
Cardozo Law Review
No abstract provided.
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Cardozo Law Review
No abstract provided.
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Coming Of Age Some More: "Law And Literature" Beyond The Cradle, Richard H. Weisberg
Articles
The article explores the historical development and significance of the Law and Literature movement, emphasizing the importance of literature in understanding legal reasoning, judicial writing, and professional ethics. It highlights how literature provides unique insights into the legal profession and advocates for its integration into legal education and practice to enhance ethical understanding and communication skills.
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Post-Structuralism, The Ethical Relation, And The Law, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Prior Probability - A Black Hole In The Mathematician's View Of The Sufficiency And Weight Of Evidence, Leonard R. Jaffee
Prior Probability - A Black Hole In The Mathematician's View Of The Sufficiency And Weight Of Evidence, Leonard R. Jaffee
Cardozo Law Review
No abstract provided.
Law, Deconstruction And Resistance: The Critical Stances Of Derrida And Foucault, Daniel Williams
Law, Deconstruction And Resistance: The Critical Stances Of Derrida And Foucault, Daniel Williams
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Foresight And The Law Of Servitudes, Stewart E. Sterk
Foresight And The Law Of Servitudes, Stewart E. Sterk
Articles
The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon
Cardozo Law Review
No abstract provided.
The Bork Nomination, Ronald M. Dworkin
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Bork: The Transformation Of A Conservative Constitutionalist, Philip B. Kurland
Cardozo Law Review
No abstract provided.
Preface, Monroe E. Price
Foreword, David Rudenstine