Jurisprudence Commons^™

"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron

Cardozo Law Review

No abstract provided.

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Cardozo Law Review

No abstract provided.

Dworkin In The Desert Of The Real, David G. Carlson

Articles

The article critically examines Ronald Dworkin's jurisprudence, particularly his theory of right answers, and defends it against critiques that his approach to law and language creates an unbridgeable gap between theory and practice. Dworkin's central argument is that law has an essence that judges must discover through reflective equilibrium, emphasizing the incommensurability between the judge's act and the symbolic order of law. While critics argue that this approach leads to nihilism, Dworkin counters by asserting that conventionalists are contradictory and that justice, as a decision, necessarily transgresses the domain of law.

Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld

Articles

Modern equality as derived from the Enlightenment has always had problems with difference. Whereas feudalism set inequality as the baseline, modern society sets equality as the baseline, but allows for unequal treatment based on differences. Thus, differences among the sexes have been invoked to treat women as inferiors and racial differences to deprive racial minorities of equal treatment. Liberalism has countered these moves by promoting a conception of equality as identity according to which race or gender-based differences are irrelevant for purposes of political participation or employment. More recent claims for equality based on identity politics which callfor a type …

Liberalism, Normative Expectations, And The Mechanics Of Fault, Kyron J. Huigens

Articles

No abstract provided.

United States' Moral Authority Undermined: The Foreign Affairs Costs Of Abusive Detentions, Jeffrey K. Cassin

Cardozo Public Law, Policy & Ethics Journal

The note argues that the United States' engagement in abusive detentions, notably at Guantanamo Bay and in cases like *Hamdi v. Rumsfeld* and Padilla, has severely eroded its moral authority on the global stage. These practices, including indefinite detentions and the denial of due process, contradict U.S. rhetoric on human rights, undermining its credibility and strategic influence. The Supreme Court's rulings in Rasul v. Bush and Hamdi v. Rumsfeld emphasize the necessity of judicial review, yet the U.S. continues to face criticism for hypocrisy, diminishing its ability to promote democracy and human rights internationally.

Perpetual Trusts, Conservation Servitudes, And The Problem Of The Future, Susan F. French

Cardozo Law Review

No abstract provided.

Article Five Of The Utc And The Future Of Creditors' Rights In Trusts, Robert T. Danforth

Cardozo Law Review

No abstract provided.

Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie

Cardozo Law Review

No abstract provided.

Distinguishing Trustees And Protecting Beneficiaries: A Response To Professor Leslie, Karen E. Boxx

Cardozo Law Review

No abstract provided.

The Definition Of Terrorism And The Challenge Of Relativism, Cyrille Begorre-Bret

Cardozo Law Review

No abstract provided.

What Private Mediators Can Learn From The Peace-Builders, Kenneth Fox

Cardozo Journal of Conflict Resolution

The purpose of this article is to examine "mediation" and facilitated intervention from the perspective of the peace and conflict studies field. My hope is to provoke deeper thinking and broader consideration of how we, as professionals, can be more informed and intentional interveners in the service of constructive conflict response.

Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil

Articles

The privatization movement is on the verge of succeeding too well. The fact that some of what government does can be done better and cheaper by the private sector has gained such momentum that the public sector is sometimes seen as redundant or irrelevant. But the economist's make-or-buy choice simply fails to capture the full range of responsibilities that government faces in deciding whether to outsource a particular function to private contractors.

This Article illuminates the public dimension of government functions. By exploring the public-private distinction and relating it to constitutional, statutory, and administrative requirements, it structures an argument that …

Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder

Articles

H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …

Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard

Cardozo Journal of Conflict Resolution

This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …

Analyzing Post-Market Boom Jurisprudence In The Second And Ninth Circuits: Has The Pendulum Really Swung Too Far In Favor Of Plaintiffs?, Daniela Nanau

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Private Securities Litigation Reform Act (PSLRA) has not overly favored plaintiffs but rather corrected the imbalance caused by its initially burdensome pleading requirements. It critiques the PSLRA for potentially discouraging meritorious claims and advocates for a more balanced approach to pleading scienter in securities fraud cases. The author suggests that Congress should adopt the Second Circuit's flexible standard for assessing scienter, as it better aligns with the need to deter fraud while avoiding excessive litigation costs.

The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken

Cardozo Law Review

No abstract provided.

Ability And Faith: On The Possibility Of Justice, Christoph Menke

Cardozo Law Review

No abstract provided.

Deconstruction's Legal Career, Jack M. Balkin

Cardozo Law Review

No abstract provided.

A Brief Survey Of Deconstruction, Pierre Schlag

Cardozo Law Review

No abstract provided.

J.D., Peter Goodrich

Cardozo Law Review

No abstract provided.

What We Talk About When We Talk About Death, Joseph Brooker

Cardozo Law Review

No abstract provided.

The Questioning Attitude: Questions About Derrida, Martin Stone

Cardozo Law Review

No abstract provided.

Surviving Common Law: Silence And The Violence Internal To The Legal Sign, Peter D. Rush

Cardozo Law Review

No abstract provided.

Is There Anything Outside The Class? Law, Literature, And Pedagogy, Penelope Pether

Cardozo Law Review

No abstract provided.

Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz

Cardozo Law Review

No abstract provided.

The Failure And Beginnings Again, Milner S. Ball

Cardozo Law Review

No abstract provided.

Introduction: Failure Of The Word: The Rise Of Law And Literature, Arthur J. Jacobson, Gary Minda

Cardozo Law Review

No abstract provided.

20 Years (Or 2000?) Of Story-Telling On The Law: Is Justice Detectable?, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

The Lawless Adjudicator, Robin West

Cardozo Law Review

No abstract provided.