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Jurisprudence Commons

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Yeshiva University, Cardozo School of Law

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Articles 481 - 510 of 826

Full-Text Articles in Jurisprudence

Digitized Pornography Meets The First Amendment, Eric M. Freedman Aug 2002

Digitized Pornography Meets The First Amendment, Eric M. Freedman

Cardozo Law Review

No abstract provided.


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 Aug 2002

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.


The Concept Of Equality In Civil Procedure, William B. Rubenstein May 2002

The Concept Of Equality In Civil Procedure, William B. Rubenstein

Cardozo Law Review

No abstract provided.


Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross May 2002

Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross

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 Apr 2002

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 Apr 2002

Homicide In Aretaic Terms, Kyron J. Huigens

Articles

No abstract provided.


Two Cheers For Freedom Of Contract, Mark L. Movsesian Mar 2002

Two Cheers For Freedom Of Contract, Mark L. Movsesian

Cardozo Law Review

No abstract provided.


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 Mar 2002

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.


Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport Mar 2002

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 Mar 2002

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 …


Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch Feb 2002

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 …


System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter Jan 2002

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 Dec 2001

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 Nov 2001

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.


Nine Shibboleths Of The New Federalism, Marci A. Hamilton Oct 2001

Nine Shibboleths Of The New Federalism, Marci A. Hamilton

Articles

No abstract provided.


Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers Jul 2001

Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers

Cardozo Law Review

No abstract provided.


Decision Analysis And Law, Ronald A. Howard Jul 2001

Decision Analysis And Law, Ronald A. Howard

Cardozo Law Review

No abstract provided.


Action And Procedure In Reasoning, Johan Van Benthem Jul 2001

Action And Procedure In Reasoning, Johan Van Benthem

Cardozo Law Review

No abstract provided.


Saving Desdemona, Ron A. Shapira Jul 2001

Saving Desdemona, Ron A. Shapira

Cardozo Law Review

No abstract provided.


Causality And Responsibility, Glenn Shafer Jul 2001

Causality And Responsibility, Glenn Shafer

Cardozo Law Review

No abstract provided.


The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron Mar 2001

The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron

Cardozo Law Review

No abstract provided.


A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety Mar 2001

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.


Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy Mar 2001

Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy

Cardozo Law Review

No abstract provided.


Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley Mar 2001

Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley

Cardozo Law Review

No abstract provided.


Politics And Denial, Pierre Schlag Mar 2001

Politics And Denial, Pierre Schlag

Cardozo Law Review

No abstract provided.


A Semiotics Of Critique, Duncan Kennedy Mar 2001

A Semiotics Of Critique, Duncan Kennedy

Cardozo Law Review

No abstract provided.


Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser Mar 2001

Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser

Cardozo Law Review

No abstract provided.


Left Over Rights, Daria Roithmayr Mar 2001

Left Over Rights, Daria Roithmayr

Cardozo Law Review

No abstract provided.


Cls 2001, Jeremy Paul Mar 2001

Cls 2001, Jeremy Paul

Cardozo Law Review

No abstract provided.


The Next Century Of Legal Thought?, Steven L. Winter Mar 2001

The Next Century Of Legal Thought?, Steven L. Winter

Cardozo Law Review

No abstract provided.