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Articles 331 - 360 of 826
Full-Text Articles in Jurisprudence
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
A Philosopher Looks At Contemporary Terrorism, Igor Primoratz
Cardozo Law Review
No abstract provided.
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Deterrence, Retributivism, And The Law Of Evidence, Richard A. Bierschbach, Alex Stein
Articles
Legal scholarship has long treated substantive criminal law and evidence as two separate and distinct fields. The former largely concerns itself with evaluating substantive criminal law rules by reference to various animating theories-most prominently, those of deterrence and retributivism.' Scholars, students, and policymakers laud or condemn doctrines based on notions of "just deserts" or ideas about the incentives they create for those disposed to commit a crime. When it comes to the numerous evidentiary and other rules that determine the course of prosecutions and proof, however, the conversation is different. Here, questions of reliability, evidential worth, and accuracy in fact-finding …
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Mediating Rules In Criminal Law, Richard A. Bierschbach, Alex Stein
Articles
This Article challenges the conventional divide between substantive criminal law theory, on the one hand, and evidence law, on the other, by exposing an important and unrecognized function of evidence rules in criminal law. Throughout the criminal law, special rules of evidence work to mediate conflicts between criminal law's deterrence and retributivist goals. They do this by skewing errors in the actual application of the substantive criminal law to favor whichever theory has been disfavored by the substantive rule itself The mediating potential of evidentiary rules is particularly strong in criminal law because the substantive law's dominant animating theories-deterrence and …
The Wait Is Over: Chevron As The Stealth Vermont Yankee Ii, Paul R. Verkuil
The Wait Is Over: Chevron As The Stealth Vermont Yankee Ii, Paul R. Verkuil
Articles
The article argues that the Chevron doctrine has effectively served as a means to moderate the hard-look review of agency rulemaking, rendering the anticipated Vermont Yankee II case unnecessary. It posits that Chevron's deference to agency interpretations of statutes has softened the impact of State Farm's stringent arbitrary-and-capricious review standard, aligning more closely with the judicial restraint envisioned by Vermont Yankee.
Introduction, Kyron Huigens
Thinking Criminal Law, Meir Dan-Cohen
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
Cardozo Law Review
No abstract provided.
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Rights, Wrongs, And Comparative Justifications, Vera Bergelson
Cardozo Law Review
No abstract provided.
Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel
Why Only The State May Inflict Criminal Sanctions: The Argument From Moral Burdens, Alon Harel
Cardozo Law Review
No abstract provided.
Criminal Responsibility And The Disappearing Person, Stephen J. Morse
Criminal Responsibility And The Disappearing Person, Stephen J. Morse
Cardozo Law Review
No abstract provided.
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
The Conundrum Of Mental States: Substantive Rules And Evidence Combined, Keren Shapira-Ettinger
Cardozo Law Review
No abstract provided.
The Jurisprudence Of Punishment, Kyron J. Huigens
Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin
Bargaining With A Hugger: The Weaknesses And Limitations Of A Communitarian Conception Of Legal Dispute Bargaining, Or Why We Can't All Just Get Along, Robert J. Condlin
Cardozo Journal of Conflict Resolution
The communitarian conception of bargaining now popular with legal academics presupposes a world in which people are always at their best. Clients and lawyers share information about themselves and their situations candidly and fully, construct agreements from the perspective of their common interests and resolve differences according to objectively derived and jointly agreed upon substantive standards. They "connect" as persons and in the process convert what in lesser hands might be a form of stylized combat into a kind of joint venture, and sometimes even a lasting friendship. This, in turn, takes the hard edge off their disputing and makes …
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Rediscovering The Public Interest: An Analysis Of The Common Law Governing Post-Employment Non-Compete Contracts For Media Employees, Cathy Packer, Johanna Cleary
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Griswold Diagrams: Toward A Unified Theory Of Constitutional Rights, Stephen Kanter
The Griswold Diagrams: Toward A Unified Theory Of Constitutional Rights, Stephen Kanter
Cardozo Law Review
No abstract provided.
Habeas Corpus, Judicial Review, And Limits On Secrecy In Detentions At Guantanamo, Jonathan Hafetz
Habeas Corpus, Judicial Review, And Limits On Secrecy In Detentions At Guantanamo, Jonathan Hafetz
Cardozo Public Law, Policy & Ethics Journal
The article examines the role of secrecy in post-9/11 counterterrorism detentions, particularly at Guantanamo Bay, and the legal challenges posed by the Detainee Treatment Act (DTA) and Military Commissions Act (MCA). These acts sought to limit habeas corpus jurisdiction, potentially restoring a system of unaccountable detentions. The analysis highlights how habeas corpus serves as a critical check on executive power, ensuring judicial review of detentions and transfers, and protecting against unlawful confinement. The Supreme Court's rulings in Rasul v. Bush and Hamdan v. Rumsfeld are central to this discussion, as they affirmed habeas protections and invalidated certain detention practices.
The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky
The Slow Erosion Of The Adversary System: Article Iii Courts, Fisa, Cipa And Ethical Dilemmas, Ellen C. Yaroshefsky
Cardozo Public Law, Policy & Ethics Journal
The article examines the increasing reliance on secret evidence in U.S. legal proceedings, particularly in post-9/11 national security and terrorism cases, facilitated by the Classified Information Procedures Act (CIPA) and the Foreign Intelligence Surveillance Act (FISA). This trend undermines the adversarial system by denying defendants access to relevant information, raising ethical concerns for defense attorneys, and potentially eroding constitutional rights. The author advocates for reforms to balance national security with civil liberties, emphasizing the need for judicial vigilance and legislative changes to address these issues.
Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney
Panel Report: Beyond Article Iii Courts: Military Tribunals, Status Review Tribunals, And Immigration Courts, Robert M. Chesney
Cardozo Public Law, Policy & Ethics Journal
The article explores the tension between national security interests and procedural fairness in the use of secret evidence across non-Article III contexts, including military tribunals, Combatant Status Review Tribunals (CSRTs), and immigration courts. It examines the challenges of balancing government secrecy with individual rights, emphasizing the need for procedural safeguards to navigate this complex issue.
Assessing The Rule Of Law In Russia, Kathryn Hendley
Assessing The Rule Of Law In Russia, Kathryn Hendley
Cardozo Journal of International and Comparative Law
The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …
The Second Canonization Of The Talmud, Hanina Ben-Menahem
The Second Canonization Of The Talmud, Hanina Ben-Menahem
Cardozo Law Review
No abstract provided.
Interpreting The Qur'an And The Constitution: Similarities In The Use Of Text, Tradition, And Reason In Islamic And American Jurisprudence, Asifa Quraishi
Interpreting The Qur'an And The Constitution: Similarities In The Use Of Text, Tradition, And Reason In Islamic And American Jurisprudence, Asifa Quraishi
Cardozo Law Review
No abstract provided.
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade
Cardozo Law Review
No abstract provided.
Political Time: Sovereignty And The Transtemporal Community, Paul W. Kahn
Political Time: Sovereignty And The Transtemporal Community, Paul W. Kahn
Cardozo Law Review
No abstract provided.
"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron
"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron
Cardozo Law Review
No abstract provided.
Rabbinic Contestations Of Authority, Christine Hayes
Rabbinic Contestations Of Authority, Christine Hayes
Cardozo Law Review
No abstract provided.
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman
Cardozo Law Review
No abstract provided.
Excursus: Concerning The Rulings Of R. Ovadiah Yosef Pertaining To The Thanksgiving Prayer, The Settlement Of The Land Of Israel, And Middle East Peace, Shlomo Fischer
Cardozo Law Review
No abstract provided.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Cardozo Law Review
No abstract provided.
The Demise Of Federal Takings Litigation, Stewart E. Sterk
The Demise Of Federal Takings Litigation, Stewart E. Sterk
Articles
For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …