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Articles 421 - 450 of 858
Full-Text Articles in Jurisprudence
Duress Is Not A Justification, Kyron J. Huigens
Fletcher's Rethinking: A Memoir, Kyron J. Huigens
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
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
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
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
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
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
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
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
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
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
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
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
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
Loose Not The Floodgates, Benjamin J. Cooper
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …