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Articles 301 - 321 of 321
Full-Text Articles in Judges
Balance Favoring Restraint, Richard D. Friedman
Balance Favoring Restraint, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Why The United States Senate Should Not Consent To The Nomination Of Judge Robert H. Bork To Be A Justice Of The Supreme Court, Philip B. Heymann, Fred Wertheimer
Cardozo Law Review
No abstract provided.
The Compelling Case Against Robert H. Bork, Stephen Gillers
The Compelling Case Against Robert H. Bork, Stephen Gillers
Cardozo Law Review
No abstract provided.
The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell
The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Law And Metaphysics, Charles M. Yablon
Comments On Carlson's Comments, John L. Hanks
Comments On Carlson's Comments, John L. Hanks
Cardozo Law Review
No abstract provided.
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg
Articles
The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …
"Convention" And Critique, Drucilla Cornell
Fish V. Fish Or, Some Realism About Idealism, David Luban
Fish V. Fish Or, Some Realism About Idealism, David Luban
Cardozo Law Review
No abstract provided.
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell
Cardozo Law Review
No abstract provided.
A Response To Fish And White, Richard H. Weisberg
A Response To Fish And White, Richard H. Weisberg
Articles
The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.
Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg
Foreword: The Law And Southern Literature, William H. Page, Richard H. Weisberg
Articles
The article explores the intersections of law and literature, focusing on the proceedings of a 1983 symposium that brought together scholars, practitioners, and literary critics to examine how legal themes and values are depicted in Southern literature, particularly in the works of William Faulkner. The symposium addressed three key areas: the depiction of lawyers and legal doctrine in literature, the exploration of human rights and values through literary perspectives, and the application of literary criticism to legal interpretation. By analyzing these themes, the article highlights the growing field of Law and Literature and its potential to enrich both legal and …
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
How Judges Speak: Some Lessons On Adjudication In Billy Budd, Sailor With An Application To Justice Rehnquist, Richard H. Weisberg
Articles
The article examines how authority figures use language and procedural structures to shape outcomes in both literary and legal contexts, highlighting the tension between formal legal processes and true justice. Through a comparative analysis of Herman Melville's Billy Budd, Sailor and the Supreme Court case Paul v. Davis, the article argues that "considerate communication"—a subtle form of manipulation—can distort reality and undermine fairness in adjudication. It critiques legal systems that prioritize formality over substance, emphasizing how narrative techniques and rhetorical strategies in both literature and law can mask subjective biases and influence decisions.
A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock
A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock
Cardozo Law Review
A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …
Judicial Legislation, Anthony D'Amato
Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg
Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg
Cardozo Law Review
The following article suggests a new perspective on Benjamin N. Cardozo's judicial theory. The introductory pages offer a comparison of Cardozo to a strikingly similar figure from the literary world, Flaubert, and in that light emphasize his awareness and acceptance of the place of culture and intuition in the judicial enterprise. Part I perceives Cardozo's imprecisely named "Method of Sociology" as pointing, in effect, to a "Method of Culture." This section also elaborates on the intuitive element of his judicial "poetics," not as a method in itself, but as the disciplined subjectivity which leads judges to use his four methods …
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum
Cardozo Law Review
No abstract provided.
Reflections On "The Nature Of The Judicial Process", Ernest Nagel
Reflections On "The Nature Of The Judicial Process", Ernest Nagel
Cardozo Law Review
More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Foreword: Homage To Mr. Justice Cardozo, Paul A. Freund
Cardozo Law Review
No abstract provided.
Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman
Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman
Cardozo Law Review
Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …
The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker
The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker
Cardozo Law Review
No abstract provided.