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Articles 241 - 270 of 826
Full-Text Articles in Jurisprudence
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Cardozo Law Review
No abstract provided.
Winn And The Inadvisability Of Constitutionalizing Tax Expenditure Analysis, Edward A. Zelinsky
Winn And The Inadvisability Of Constitutionalizing Tax Expenditure Analysis, Edward A. Zelinsky
Articles
No abstract provided.
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg
Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg
Articles
The article critiques Professor Sanford Levinson's defense of compromise in constitutionalism, arguing that while compromise is ubiquitous, it is not inherently just or morally sound. The author, Richard Weisberg, contends that Levinson's flexible hermeneutic approach risks degrading textual integrity and ethical standards, particularly when compromise is elevated to a norm. Weisberg advocates for maintaining the integrity of sacred and legal texts, emphasizing the dangers of interpretive flexibility, especially in emergencies, and draws parallels to historical examples like Vichy France's complicity in Nazi policies.
Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg
Equitable Estoppel To Compel Arbitration In New York: A Doctrine To Prevent Inequity, Matthew Berg
Cardozo Journal of Conflict Resolution
Arbitration, as a favored alternative to court systems, finds its validity in both state and federal law. The Federal Arbitration Act ("FAA") was enacted in 1925 unopposed, reflecting a strong favored alternative by the federal government to the Article III courts. This presumption was established in Section 2 of the FAA, which provides that contracts that include an arbitration clause "shall be valid, irrevocable, and enforceable" unless a court finds "grounds as exist at law or in equity for the revocation of any contract [or clause]."
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich
Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich
Articles
The article examines the intersection of law, theology, and visual/performance elements, arguing that legal discourse often overlooks the significance of typography, imagery, and theatricality. It highlights how legal texts use formatting techniques like bold and italics to convey meaning and draws parallels with theological concepts, such as the duality of power and the role of images in governance. The analysis critiques the legal tradition for neglecting these performative aspects and emphasizes the need to recognize law as a theater that denies its own theatricality.
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain
Cardozo Law Review
No abstract provided.
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Cardozo Law Review
No abstract provided.
Coordinating Sanctions In Tort, Kyle D. Logue
Coordinating Sanctions In Tort, Kyle D. Logue
Cardozo Law Review
This Article begins with the standard Law and Economics account of tort law as a regulatory tool or system of deterrence, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this fairly standard (albeit not universally accepted) picture of tort law, the Article asks the question how tort law should adjust, if at all, to coordinate with already existing non-tort systems of regulation. Thus, if a particular activity is already subject to extensive agency-based regulation (whether in the form of command-and-control requirements or in the form of …
Reasonableness Is Unreasonable: A New Jurisprudence Of New York Adverse Possession Law, Jason Greenberg
Reasonableness Is Unreasonable: A New Jurisprudence Of New York Adverse Possession Law, Jason Greenberg
Cardozo Law Review
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Prescribing Orthodoxy, Kelly Sarabyn
Prescribing Orthodoxy, Kelly Sarabyn
Cardozo Public Law, Policy & Ethics Journal
The article examines the constitutional implications of government actions that compel ideological conformity, particularly focusing on the First Amendment's prohibition against coerced ideological speech. It argues that while the Supreme Court has established that the government cannot force citizens to adopt specific ideological beliefs, the legal framework remains unclear and inconsistent. The analysis emphasizes the need for a structured approach to determine when such coercion crosses constitutional boundaries, especially in cases involving captive audiences and government speech. The author proposes that the prohibition on prescribing orthodoxy should explicitly ban the use of nonrational methods to influence citizens' beliefs, ensuring a …
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Cardozo Law Review
Recent research has shown that large companies select New York law and New York courts to govern disputes under commercial contracts. Because these parties make choice-of-law and forum selection decisions before conflicts arise, there is reason to believe that their preference for New York reflects an effort to select efficient terms. This Article compares New York's contract law with that of its most natural competitor, California. It turns out that New York strictly enforces bargains and displays little tolerance for efforts to rewrite deals ex post. California, in contrast, more willingly reforms contracts for reasons of fairness, equity, morality, or …
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Cardozo Law Review
Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …
Lines Of Vision, Lines Of Flight: The Belly Of An Architect, Anne Bottomley
Lines Of Vision, Lines Of Flight: The Belly Of An Architect, Anne Bottomley
Cardozo Law Review
No abstract provided.
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis
Cardozo Law Review
No abstract provided.
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Cardozo Law Review
No abstract provided.
The Geography Of Criminal Law, Adam Benforado
The Geography Of Criminal Law, Adam Benforado
Cardozo Law Review
When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Informed Choices And Uniform Decisions: Adopting The Aba's Self-Enforcing Administrative Model To Ensure Successful Surrogacy Arrangements, Christine Metteer Lorillard
Cardozo Journal of Equal Rights & Social Justice
Non-traditional families are on the rise in America today, with more and more same-sex couples raising families together. Yet, all same-sex partners seeking to become parents must make use of some assisted reproductive technique ("ART'), as must some heterosexual married couples. Despite the growing number of people who want to create families, including those that resort to ARTs to have genetically-related children, there are significant moral, economic, and legal obstacles in their way. What has long been needed is a codified roadmap for a successful surrogacy agreement that delineates the rights and obligations of the parties involved, as well as …
Locke's 1694 Memorandum (And More Incomplete Copyright Historiographies), Justin Hughes
Locke's 1694 Memorandum (And More Incomplete Copyright Historiographies), Justin Hughes
Cardozo Arts & Entertainment Law Journal
No abstract provided.
When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler
When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Cardozo Law Review
America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as "speech" and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
Cardozo Law Review
No abstract provided.
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Introduction To The South Dakota Law Review's 2010 Symposium Issue, Marci A. Hamilton
Articles
No abstract provided.
The Law And Economics Virus, Spencer Weber Waller
The Law And Economics Virus, Spencer Weber Waller
Cardozo Law Review
No abstract provided.
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Cardozo Law Review
No abstract provided.
Equality, Entitlement, And Efficiency: Dworkin, Nozick, Posner, And Implications For Legal Theory, Stephen O'Hanlon
Equality, Entitlement, And Efficiency: Dworkin, Nozick, Posner, And Implications For Legal Theory, Stephen O'Hanlon
Cardozo Public Law, Policy & Ethics Journal
The article critically examines the legal theories of Ronald Dworkin, Robert Nozick, and Richard A. Posner, analyzing their respective approaches to values such as integrity, equality, libertarianism, and efficiency. It concludes that while each theory offers valuable insights, they also have significant limitations. Dworkin's emphasis on equality of resources is challenged for potential overreach, Nozick's libertarianism is critiqued for its impracticalities, and Posner's wealth maximization is faulted for neglecting moral and social considerations. The article advocates for a pluralistic and pragmatic legal theory that integrates rights, coercion, and efficiency, acknowledging the need for further interdisciplinary development.
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Cardozo Law Review
No abstract provided.
Religious Revival And Pseudo-Secularism, Guy Haarscher
Religious Revival And Pseudo-Secularism, Guy Haarscher
Cardozo Law Review
No abstract provided.