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Jurisprudence Commons™

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Yeshiva University, Cardozo School of Law

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Articles 421 - 450 of 858

Full-Text Articles in Jurisprudence

Duress Is Not A Justification, Kyron J. Huigens Oct 2004

Duress Is Not A Justification, Kyron J. Huigens

Articles

No abstract provided.


Fletcher's Rethinking: A Memoir, Kyron J. Huigens Jul 2004

Fletcher's Rethinking: A Memoir, Kyron J. Huigens

Articles

No abstract provided.


Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis Jul 2004

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.


Stick Houses In Peshawbestown, Matthew L. M. Fletcher May 2004

Stick Houses In Peshawbestown, Matthew L. M. Fletcher

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal and historical challenges faced by Native American tribes, particularly the Grand Traverse Band of Ottawa and Chippewa Indians, in asserting their sovereignty and rights. It highlights the federal government's role in undermining tribal autonomy through coercive policies, such as forced sterilization and disenrollment, while also exploring the tension between tribal sovereignty and state jurisdiction. The analysis emphasizes the importance of federal recognition and the ongoing struggles for self-governance, cultural preservation, and economic stability in Native American communities.


American Slavery: The Complete Story, Gerald A. Foster May 2004

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.


Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack May 2004

Forfeiting Liberty: A Collective Sense Of Vulnerability And The Need For Proactive Protection After 9/11, Ally Hack

Cardozo Public Law, Policy & Ethics Journal

The note argues that the post-9/11 era has seen a significant erosion of civil liberties, particularly for Arab-Americans and Muslims, drawing parallels to historical episodes of national fear and paranoia, such as Japanese internment during World War II and McCarthyism. It contends that the U.S. response to the attacks, including the expansion of surveillance and detention powers under the USA PATRIOT Act, threatens First Amendment rights and democratic values. The analysis emphasizes the importance of protecting civil liberties and maintaining open debate, even during times of crisis, to ensure a stable and just society.


The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker Apr 2004

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.


The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper Apr 2004

The Effects Of Quebec's Municipal Merger Law On Montreal: Mega-City Or Mega-Blunder?, Chad E. Tepper

Cardozo Journal of International and Comparative Law

The note examines the impact of Quebec's Municipal Merger Law, enacted in 2000, on the Anglophone community, arguing that the law has eroded Anglophone rights, reduced political representation, and exacerbated linguistic tensions. The law, upheld by courts as constitutional, amalgamated 64 municipalities into five megacities, including Montreal, and designated Montreal as unilingually French, contrary to prior bilingual frameworks. The merger process was criticized for its undemocratic nature, lack of public consultation, and disproportionate harm to Anglophone civil service employment. The analysis highlights the long-standing tensions between Anglophone and Francophone communities and explores the high costs and political challenges of reversing …


Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Christopher L. Sagers Mar 2004

Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Christopher L. Sagers

Cardozo Law Review

No abstract provided.


Reading The Fossil Record: A New Look At Old Law, Elliot Gardner Feb 2004

Reading The Fossil Record: A New Look At Old Law, Elliot Gardner

Cardozo Law Review

No abstract provided.


The Duke And The Lady: Helvering V. Gregory And The History Of Tax Avoidance Adjudication, Assaf Likhovski Feb 2004

The Duke And The Lady: Helvering V. Gregory And The History Of Tax Avoidance Adjudication, Assaf Likhovski

Cardozo Law Review

No abstract provided.


Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning Jan 2004

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …


The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley Jan 2004

The Merger Of Law And Mediation: Lessons From Equity Jurisprudence And Roscoe Pound, Jacqueline M. Nolan-Haley

Cardozo Journal of Conflict Resolution

Almost one hundred years ago, Roscoe Pound' warned about the decline of equity jurisprudence in the American legal system. He called this phenomenon the "decadence of equity."' Though Pound offered several causes for this decline, what we know today as "institutionalization" in the court system was the primary suspect. "The very thing that made equity a system must, in the end, prove fatal to it. In the very act of becoming a system, it becomes legalized, and in becoming merely a competing system of law insures its ultimate downfall." While Pound acknowledged that he saw some good from the "refinements" …


Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld Jan 2004

Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld

Articles

No abstract provided.


On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens Jan 2004

On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens

Articles

No abstract provided.


Loose Not The Floodgates, Benjamin J. Cooper Jan 2004

Loose Not The Floodgates, Benjamin J. Cooper

Cardozo Journal of Equal Rights & Social Justice

The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.


Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter Jan 2004

Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman Jan 2004

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …


The Immense Rumor, Peter Goodrich Jan 2004

The Immense Rumor, Peter Goodrich

Articles

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …


Market Fundamentalism And The Trips Agreement, Thomas F. Cotter Jan 2004

Market Fundamentalism And The Trips Agreement, Thomas F. Cotter

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Hegel's Theory Of Measure, David Gray Carlson Nov 2003

Hegel's Theory Of Measure, David Gray Carlson

Cardozo Law Review

No abstract provided.


State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart Nov 2003

State Doctrines Of Substantial Compliance: A Call For Erisa Preemption And Uniform Federal Common Law Doctrine, Meridith H. Bogart

Cardozo Law Review

No abstract provided.


Dignity And Desert In Punishment Theory, Kyron J. Huigens Oct 2003

Dignity And Desert In Punishment Theory, Kyron J. Huigens

Articles

No abstract provided.


Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes Oct 2003

Of World Music And Sovereign States, Professors And The Formation Of Legal Norms, Justin Hughes

Articles

No abstract provided.


The Traumatic Dimension In Law, David Gray Carlson Aug 2003

The Traumatic Dimension In Law, David Gray Carlson

Cardozo Law Review

No abstract provided.


The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David Gray Carlson Aug 2003

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David Gray Carlson

Cardozo Law Review

No abstract provided.


Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein Aug 2003

Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein

Cardozo Law Review

No abstract provided.


Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin Jul 2003

Re-Treating Intellectual Property? The Wai 262 Proceeding And The Heuristics Of Intellectual Property Law, Graeme W. Austin

Cardozo Journal of International and Comparative Law

The article explores the WAI 262 proceeding, a legal challenge by Maori tribes alleging breaches of the Treaty of Waitangi by New Zealand's intellectual property laws. It argues that the Crown's obligations under the Treaty require a re-evaluation of intellectual property frameworks to respect Maori self-determination and cultural rights.


Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn May 2003

Brady Behind Bars: The Prosecutor's Disclosure Obligations Regarding Dna In The Post-Conviction Arena, Brian T. Kohn

Cardozo Public Law, Policy & Ethics Journal

The article argues that the constitutional obligation of prosecutors to disclose exculpatory evidence, as established by Brady v. Maryland and its progeny, extends beyond a defendant's conviction and applies to postconviction DNA testing requests. It asserts that denying access to such testing violates both constitutional rights and the ethical duties of prosecutors, who are tasked with seeking justice rather than merely securing convictions. The analysis highlights the conflict in federal courts regarding the applicability of Brady to postconviction DNA testing and advocates for a broader interpretation of the doctrine to ensure innocence is not wrongly imprisoned.


Retrenchment On Entrenchment, Stewart E. Sterk Apr 2003

Retrenchment On Entrenchment, Stewart E. Sterk

Articles

The article critiques the argument by Posner and Vermeule that legislative entrenchment—where a legislature passes laws that future legislatures cannot repeal without special procedures—is constitutionally permissible and normatively attractive. The author, Stewart E. Sterk, contends that their argument is flawed because it fails to address whether courts should enforce such entrenched laws, rendering their case legally and normatively incoherent. Sterk argues that entrenchment undermines democratic principles by allowing one legislature to bind future legislatures, potentially leading to intergenerational inequity and abuse by special interest groups. He advocates for mechanisms allowing future legislatures to adjust laws as needed, ensuring flexibility and …