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Articles 211 - 240 of 826
Full-Text Articles in Jurisprudence
Money As Measure, David Gray Carlson
Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag
Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag
Cardozo Law Review
No abstract provided.
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Cardozo Law Review
No abstract provided.
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Cardozo Law Review
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Cardozo Law Review
No abstract provided.
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Cardozo Law Review
No abstract provided.
Proportionality And Parole, Richard A. Bierschbach
Proportionality And Parole, Richard A. Bierschbach
Articles
Commentators analyzing the Supreme Court's watershed decision in Graham v. Florida, which prohibited sentences of life without parole for juveniles convicted of nonhomicide crimes, have generally done so in substantive proportionality terms, ignoring or downplaying parole in the process. This Article challenges that approach, focusing on the intersection of proportionality and parole as a jumping-off point. Taking parole seriously makes clear that Graham is difficult to understand solely in terms of substantive proportionality concepts like individual culpability and punishment severity. Instead, the decision can be seen as establishing a rule of constitutional criminal procedure, one that links the validity of …
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
Cardozo Law Review
Two hundred years ago, Thomas Jefferson asserted that no law "ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates - most notably in the medical and military contexts - are predicated on the theory that claims of conscience are worthy of legal respect. This Article, which offers a comprehensive account of the contemporary treatment of conscience, challenges established assumptions and seeks to reframe the debate about …
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Cardozo Law Review
No abstract provided.
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Cardozo Journal of International and Comparative Law
The article examines Canada's progressive stance on social issues but highlights that this progressiveness does not extend to animal rights, where Canada often lags behind the U.S. It explores legal developments challenging the traditional property status of animals, particularly in tort law and estate planning, while emphasizing that these changes are symbolic and limited to companion animals.
"She Stedfastly Accused Him In The Time Of Her Travail": Women's Words And Paternity Suits In 18th-Century Massachusetts, Kristin A. Olbertson
"She Stedfastly Accused Him In The Time Of Her Travail": Women's Words And Paternity Suits In 18th-Century Massachusetts, Kristin A. Olbertson
Cardozo Journal of Equal Rights & Social Justice
The article examines the decline of women's testimony in bastardy cases in post-revolutionary Massachusetts, arguing that this shift was driven by changing gender ideologies, the Anglicization of legal procedures, and the increasing exclusion of women from authoritative roles. While women's testimony was once central to determining paternity, by the late 18th century, male jurors became the primary decision-makers, reflecting broader societal efforts to restrict women's public roles. The analysis highlights how this transition underscores the intersection of legal and cultural changes in early America.
Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence
Abandoning Women To Their Rights: What Happens When Feminist Jurisprudence Ignores Birthing Rights, Rebecca A. Spence
Cardozo Journal of Equal Rights & Social Justice
The article argues that feminist jurisprudence has neglected the critical issue of birthing rights, failing to integrate them into legal scholarship and education. This omission leaves women vulnerable to violations of their autonomy and dignity during childbirth, as courts and legislatures often prioritize fetal interests and medical authority over women's rights. The article emphasizes the need for a more robust legal framework that protects women's rights to make autonomous decisions about their care, including access to midwifery and the right to refuse medical interventions.
Can Equitable Estoppel Be Used As An Effective Way For A Legal Parent To Obtain Child Support For The Children Of A Separated Same-Sex Couple?, Josh Smolow
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Region Codes And The Territorial Mess, Peter K. Yu
Region Codes And The Territorial Mess, Peter K. Yu
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie
Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Planning Positivism And Planning Natural Law, Martin J. Stone
Planning Positivism And Planning Natural Law, Martin J. Stone
Articles
Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …
Provocation At Face Value, Kyron J. Huigens
Provocation At Face Value, Kyron J. Huigens
Articles
To take provocation at face value is to plead and prove it as a manslaughter offense, as it is defined in most criminal codes. To do this seems to be both unnecessary and impossible. The defendant has the best access to evidence of provocation and will benefit from the proof of this partial defense, so why should he not be required to prove it? The prosecution has no incentive to prove provocation manslaughter because the definition of this offense includes a murder. Why would the prosecution, having proved a murder, set out to prove a lesser crime than the crime …
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Cardozo Law Review
No abstract provided.
Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle
Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle
Articles
Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as posing a double-barreled threat to the stability of the community in which they have chosen to live and to the economic value of their homes.
Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg
Joint Bank Accounts In New York: Confusion, Discrimination, And The Need For Change, Carolyn Satenberg
Cardozo Public Law, Policy & Ethics Journal
The note argues that New York's legal presumption of joint tenancy in joint bank accounts disproportionately burdens same-sex couples, leading to unfair gift and estate tax implications. It advocates for reforming New York's approach to align with the Uniform Probate Code (UPC), which better reflects depositor intent and reduces discrimination. The current system, compounded by federal policies like the Defense of Marriage Act (DOMA), exacerbates financial and emotional hardships for same-sex couples in tax and probate matters.
Deportation Is Different, Peter L. Markowitz
Deportation Is Different, Peter L. Markowitz
Articles
Over one hundred years ago, the Supreme Court emphatically declared that deportation proceedings are civil, not criminal, in nature. As a result, none of the nearly 400,000 individuals who were deported last year enjoyed any of the constitutional protections afforded to criminal defendants under the Sixth or Eighth Amendments. Among those 400,000 were numerous detained juveniles and mentally ill individuals who, as a result of the civil designation, were forced to navigate the labyrinth of immigration law alone, without appointed counsel. Others were lawul permanent residents who had pled guilty to minor offenses upon the correct advice of counsel that …
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Cardozo Law Review
No abstract provided.
The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle
The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle
Cardozo Law Review
No abstract provided.
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
Cardozo Law Review
No abstract provided.
Legal Positivism As An Idea About Morality, Martin J. Stone
Legal Positivism As An Idea About Morality, Martin J. Stone
Articles
I ask what a proper critical target for 'legal positivism' might be. I argue that utilitarian moral theory, and more generally fully directive moral theories, are unacknowledged motivations for legal positivism. Contemporary debate about 'the nature of law' is, historically speaking, much more of a footnote to utilitarianism than has been recognized.
Useless Property, Rashmi Dyal-Chand
Useless Property, Rashmi Dyal-Chand
Cardozo Law Review
In his exposition of an economic theory of property rights, Harold Demsetz reinforced a foundational assumption in property law: that private ownership is the best way to harness resources for wealth-building purposes. Implicit in Demsetz's model is the largely undefined belief that private ownership will incentivize appropriate use of the property because such use produces higher exchange value. This Article identifies a blind spot in Demsetz's theory that has largely escaped attention in property law and theory. While fully acknowledging the powerful connection between use and exchange value delineated by Demsetz, it argues that, in disparate markets for new or …
Acontextual Judicial Review, Louis Michael Seidman
Acontextual Judicial Review, Louis Michael Seidman
Cardozo Law Review
No abstract provided.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Cardozo Law Review
This Article challenges the conventional wisdom that "deadhand" control by testators in certain situations is violative of public policy and should not be enforced. Specifically, it argues that many legacies conditioned on a beneficiary acting a certain way or doing a certain thing, such as not marrying or remarrying, should be enforced. This Article argues that the modern approach of disallowing conditions or restrictions on marital freedom in legacies is a product of a bygone era and that the reasons employed for invalidating such conditions are no longer sufficient justifications in the modern day for the current approach of courts. …