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Articles 391 - 420 of 858
Full-Text Articles in Jurisprudence
In Defense Of Porfiry Petrovich, Robert Batey
In Defense Of Porfiry Petrovich, Robert Batey
Cardozo Law Review
No abstract provided.
Guilt By "Race": Injustice In Camus's The Stranger, David Carroll
Guilt By "Race": Injustice In Camus's The Stranger, David Carroll
Cardozo Law Review
No abstract provided.
Reflections, Gary Minda
Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor, Thane Rosenbaum
Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor, Thane Rosenbaum
Cardozo Law Review
No abstract provided.
Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove
Melville's Billy Budd And Security In Times Of Crisis, Daniel J. Solove
Cardozo Law Review
No abstract provided.
Ethics As One Of The Fundamentals Of Language, Daniela Marcheschi
Ethics As One Of The Fundamentals Of Language, Daniela Marcheschi
Cardozo Law Review
No abstract provided.
Honeywell: The Straw That May Just Break The Inventor's Back, Wing H. Liang
Honeywell: The Straw That May Just Break The Inventor's Back, Wing H. Liang
Cardozo Law Review
No abstract provided.
The Changing Role Of The Family Court Judge: New Ways Of Stemming The Tide, Anthony J. Sciolino
The Changing Role Of The Family Court Judge: New Ways Of Stemming The Tide, Anthony J. Sciolino
Cardozo Public Law, Policy & Ethics Journal
The article discusses the evolution of family court judges' roles, shifting from traditional adjudication to proactive, problem-solving approaches. This change is driven by increasing caseloads due to issues like drug abuse and domestic violence, which traditional methods have failed to address effectively. Judges are now engaging in innovative strategies to improve outcomes for families and children.
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Cardozo Law Review
No abstract provided.
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett
Cardozo Law Review
No abstract provided.
Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski
Historicism, Progress, And The Redemptive Constitution, Amy Kapczynski
Cardozo Law Review
No abstract provided.
Mediation And Justice: What Standards Govern?, Joseph B. Stulberg
Mediation And Justice: What Standards Govern?, Joseph B. Stulberg
Cardozo Journal of Conflict Resolution
I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.
Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone
Rabbinic Legal Magic: A New Look At Honi's Circle As The Construction Of Law's Space, Suzanne Last Stone
Articles
The article reinterprets Honi the Circle Drawer's actions as a legal performative, arguing that his act of drawing a circle constitutes the creation of a legal space rather than a magical ritual. By establishing a jurisdictional boundary, Honi compels a divine response, illustrating a sophisticated legal framework within rabbinic culture. This analysis challenges the view of early rabbinic practices as primarily magical, instead emphasizing their legal underpinnings and the use of rituals to establish jurisdiction.
On Commonplace Punishment Theory, Kyron J. Huigens
Preface, Betsy Driver
Preface, Betsy Driver
Cardozo Journal of Equal Rights & Social Justice
The preface highlights the growing recognition of intersex legal issues, emphasizing the shift from medical protocols focused on concealment to more patient-centered approaches. It underscores the significance of the 2005 symposium at Cardozo School of Law, which brought together scholars and activists to address intersex rights, medical practices, and legal frameworks. The publication resulting from the symposium provides a comprehensive resource on intersex advocacy, critiques existing medical and legal practices, and explores future directions for the intersex movement.
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash
Cardozo Journal of Equal Rights & Social Justice
The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.
Constitutional Law As Political Spoils, William P. Marshall
Constitutional Law As Political Spoils, William P. Marshall
Cardozo Law Review
No abstract provided.
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules And The Judicial Confirmation Process, John O. Mcginnis, Michael B. Rappaport
Cardozo Law Review
No abstract provided.
Hegel's Logic Of Freedom, William Maker
Hegel's Logic Of Freedom, William Maker
Cardozo Public Law, Policy & Ethics Journal
The article explores Hegel's conception of logic as a system where freedom is both the method and the content, enabling the achievement of absolute truth. It argues that Hegel's logic is not merely a formal exercise but is deeply rooted in content, leading to the realization of truth as freedom.
Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate
Why Hegel's Concept Is Not The Essence Of Things, Stephen Houlgate
Cardozo Public Law, Policy & Ethics Journal
The article explores Hegel's philosophical framework, emphasizing the transition from being and essence to the concept, where the concept represents self-determining being. Hegel's Logic is both a structure of thought and an ontology, illustrating how being evolves through stages such as becoming, quantity, and substance, culminating in the concept. The concept is not a static category but a dynamic, self-sustaining process that encompasses being and essence without being reducible to either. It is immanent in nature, challenging notions of a separate, higher reality.
The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis
The One And The Concept: On Hegel's Reading Of Plato's Parmenides, Allegra De Laurentiis
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Hegel's Science Of Logic In An Analytic Mode, Clark Butler
Hegel's Science Of Logic In An Analytic Mode, Clark Butler
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich
Articles
Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.
Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson
Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace
Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo
The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo
Cardozo Public Law, Policy & Ethics Journal
The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.
The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson
The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Why Are There Four Hegelian Judgments?, David G. Carlson
Why Are There Four Hegelian Judgments?, David G. Carlson
Cardozo Public Law, Policy & Ethics Journal
The article explores why Hegel's philosophy, typically structured in triads, includes four judgments instead of three. It argues that the four judgments—existence, reflection, necessity, and notion—are necessary to account for the external reflection or "silent fourth," a hidden element influencing the system. This structure deviates from Hegel's usual triadic approach to incorporate an essential mediator, crucial for his logical framework.
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
The Federalist Dimension Of Regulatory Takings Jurisprudence, Stewart E. Sterk
Articles
Conventional wisdom teaches that the Supreme Court's takings doctrine is a muddle. Appearances, however, are deceiving. The "property" protected by the Takings Clause is defined not by a single sovereign, but by the legislative enactments and judicial pronouncements of fifty separate states. As a result, federalism concerns - underappreciated in the takings literature - do and should play an important role in shaping the Court's takings doctrine. In particular, these concerns make it inappropriate for the Court to use the Takings Clause as a vehicle for articulating a comprehensive theory of the limits on government power to regulate land. This …
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann
Cardozo Law Review
No abstract provided.