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Articles 481 - 510 of 858
Full-Text Articles in Jurisprudence
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
Cardozo Law Review
In discussions of regulatory takings law, there appears to be an almost universal assumption that its vagueness is a bad thing, a mysterious dysfunction. This article argues that the vagueness in takings doctrine is quite functional and entirely appropriate. Since considerable vagueness turns out to be inevitable, this is just as well. Happily, over time, specific resource use conflicts and transitions sometimes do crystallize out into more predictable forms of law - new rules and customs about specific types of property. Within these specific and limited regimes, we can and should aspire to rules defining the circumstances under which the …
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
The Stumbling Block: Freedom, Rationality, And Legal Scholarship, Jeanne L. Schroeder
Articles
The article critiques the dominance of policy-oriented legal scholarship, particularly in law and economics, arguing that it oversimplifies human behavior by focusing on predictable, instrumental rationality. It advocates for a more balanced approach that incorporates jurisprudential, theoretical, and doctrinal scholarship, drawing on speculative theory from Continental philosophy and psychoanalysis to provide a richer understanding of rationality and human subjectivity. The author suggests that critical legal scholarship could be revitalized by engaging with thinkers like Kant, Hegel, and Lacan, who offer deeper insights into freedom, spontaneity, and the symbolic order.
Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter
Cardozo Law Review
No abstract provided.
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Cardozo Law Review
No abstract provided.
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Cardozo Law Review
No abstract provided.
Hegel's Theory Of Quantity, David Gray Carlson
Hegel's Theory Of Quantity, David Gray Carlson
Cardozo Law Review
No abstract provided.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Cardozo Law Review
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
Homicide In Aretaic Terms, Kyron J. Huigens
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Cardozo Law Review
No abstract provided.
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld
Toward The Formation Of "Innocence Commissions" In America, Barry C. Scheck, Peter J. Neufeld
Articles
The article advocates for the establishment of "innocence commissions" to investigate and address wrongful convictions in the U.S. criminal justice system. Drawing parallels to the National Transportation Safety Board (NTSB), which investigates transportation accidents, the authors propose that these commissions would identify systemic defects leading to wrongful convictions and recommend reforms to prevent future miscarriages of justice. They emphasize the need for independence, subpoena power, and public accountability to ensure the commissions' effectiveness.
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Economic Rationality, Empathy, And Corporate Responsibility, Jeanne L. Schroeder
Articles
Judge Richard A. Posner - the doyen of the law and economics movement - is probably the leading proponent of the hypothesis that legal subjects act as if they were economically rational. Over the years, however, Posner's conception of rationality has devolved from end-means reasoning by a conscious individual human actor, to unconscious instinct which is, nevertheless, beneficial to an individual subject (animal or human) to the mechanistic reproductive activity of individual genes which may or may not be beneficial to either the organism of which the gene is a part - or even to the gene itself. Indeed, all …
System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter
System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter
Cardozo Law Review
Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Articles
This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …
Two Critiques Of Multiculturalism, Ayelet Shachar
Two Critiques Of Multiculturalism, Ayelet Shachar
Cardozo Law Review
No abstract provided.
Nine Shibboleths Of The New Federalism, Marci A. Hamilton
Nine Shibboleths Of The New Federalism, Marci A. Hamilton
Articles
No abstract provided.
Saving Desdemona, Ron A. Shapira
Action And Procedure In Reasoning, Johan Van Benthem
Action And Procedure In Reasoning, Johan Van Benthem
Cardozo Law Review
No abstract provided.
Decision Analysis And Law, Ronald A. Howard
Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers
Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers
Cardozo Law Review
No abstract provided.
Causality And Responsibility, Glenn Shafer
Politics And Denial, Pierre Schlag
Cls 2001, Jeremy Paul
The Next Century Of Legal Thought?, Steven L. Winter
The Next Century Of Legal Thought?, Steven L. Winter
Cardozo Law Review
No abstract provided.
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
Cardozo Law Review
No abstract provided.