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Articles 61 - 90 of 168
Full-Text Articles in Judges
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 …
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.
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.
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.
Why The Courts, Anthony Lewis
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.
The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
Cardozo Law Review
No abstract provided.
Literary Formalism, Legal Formalism, Jeffrey Malkan
Literary Formalism, Legal Formalism, Jeffrey Malkan
Cardozo Law Review
No abstract provided.
Ruth Bader Ginsburg: The First Jewish Woman On The United States Supreme Court, Malvina Halberstam
Ruth Bader Ginsburg: The First Jewish Woman On The United States Supreme Court, Malvina Halberstam
Cardozo Law Review
No abstract provided.
To Resign Or Not To Resign, Stephen Ellmann
Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates
Justice Stillborn: Lies, Lacunae, Incommensurability, And The Judicial Role, E. Nathaniel Gates
Cardozo Law Review
No abstract provided.
Preface, Norman L. Greene
A Tribute To Justice William J. Brennan, Jr., Clifton S. Elgarten
A Tribute To Justice William J. Brennan, Jr., Clifton S. Elgarten
Cardozo Law Review
No abstract provided.
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet
Cardozo Law Review
No abstract provided.
Justices At Work: An Introduction, Michel Rosenfeld
Justices At Work: An Introduction, Michel Rosenfeld
Cardozo Law Review
"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …
Judicial Plagiarism: It May Be Fair Use But Is It Ethical?, Jaime S. Dursht
Judicial Plagiarism: It May Be Fair Use But Is It Ethical?, Jaime S. Dursht
Cardozo Law Review
Plagiarism is the intentional appropriation of the creative product or scholarship of another without attribution. Judicial plagiarism arises when judges author opinions that employ materials from copyrighted sources such as law journals or books, but neglect to give credit to the author. In opinion writing-a form of writing in which use and citation to authority is customary-the offense of plagiarism lies simply in neglecting to identify the source. In the academic world, plagiarism is considered to be a "capital offense, punishable by academic death for student or faculty," and it is treated no more favorably in professions in which responsible …
Property, Parenthood, And Peonage: Reflections On The Return To Status Quo Antebellum, Margaret A. Burnham
Property, Parenthood, And Peonage: Reflections On The Return To Status Quo Antebellum, Margaret A. Burnham
Cardozo Law Review
Cheryl Harris demonstrates how intertwining racial and gender boundaries, whose shadows are long, longstanding, and ominous, were initially constructed around the legal principle of human chattel as personal property. She insightfully argues that slavery inextricably linked the concepts of race and property in the American legal imagination; that property originates from rules that are "racially coded" and determined. Cheryl Harris's contribution to this Symposium is a continuation of her project of illuminating how law ratifies and implements a racialized conception of property. This comment considers the application of Professor Harris's argument, that property, in the context of race-based slavery, is …