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Articles 511 - 540 of 858
Full-Text Articles in Jurisprudence
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Cardozo Law Review
No abstract provided.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Denial: Not Just A River In Egypt, Gary Minda
Denial: Not Just A River In Egypt, Gary Minda
Cardozo Law Review
No abstract provided.
Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy
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
Lilies Of The Field: A Critique Of Adjudication, Anthony Paul Farley
Cardozo Law Review
No abstract provided.
Left Over Rights, Daria Roithmayr
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
Cardozo Law Review
No abstract provided.
A Semiotics Of Critique, Duncan Kennedy
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens
Articles
Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich
Articles
The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.
Keynote: Cultural Property, International Trade And Human Rights, John Henry Merryman
Keynote: Cultural Property, International Trade And Human Rights, John Henry Merryman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
The Muddy Boundaries Between Res Judicata And Full Faith And Credit, Stewart E. Sterk
Articles
The Full Faith and Credit Clause of the U.S. Constitution requires states to respect and recognize the legal decisions of other states, but its application is limited when it comes to judgments that attempt to control future behavior or infringe on a state's sovereignty. The article argues that while the clause ensures finality and uniformity, it does not obligate states to enforce sister-state injunctions or orders that dictate conduct beyond their borders. This distinction is particularly evident in cases involving family law, where states retain flexibility to modify or ignore prior judgments based on evolving circumstances, such as the best …
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
Cardozo Law Review
No abstract provided.
Hegel's Theory Of Quality, David Gray Carlson
Hegel's Theory Of Quality, David Gray Carlson
Cardozo Law Review
No abstract provided.
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Business Partners As Fiduciaries: Reflections On The Limits Of Doctrine, Robert W. Hillman
Cardozo Law Review
No abstract provided.
Legal Hermeneutics At A Crossroads: Giuseppe Zaccaria's Questioni Di Interpretazione (1996), Ioannis S. Papadopoulos, Mark Tushnet
Legal Hermeneutics At A Crossroads: Giuseppe Zaccaria's Questioni Di Interpretazione (1996), Ioannis S. Papadopoulos, Mark Tushnet
Cardozo Journal of International and Comparative Law
The article explores the potential for enriching U.S. legal scholarship through engagement with European legal hermeneutics, particularly the work of Giuseppe Zaccaria. It argues that while U.S. legal thought has been influenced by various movements like legal realism and critical legal studies, it often lacks the deeper philosophical underpinnings found in continental scholarship. Zaccaria's work, rooted in hermeneutic theory, offers a bridge between European and American legal thought, emphasizing the role of practical reason, language, and community in legal interpretation.
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas
Cardozo Law Review
No abstract provided.
Introduction, Andreas Kalyvas, Jan Müller
Schmitt Reads Marx, Jorge E. Dotti
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao
Cardozo Law Review
No abstract provided.
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
Carl Schmitt's Antiliberalism: Its Theoretical And Historical Sources And Its Philosophical And Political Meaning, Carlo Galli
Cardozo Law Review
No abstract provided.
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter
Cardozo Law Review
No abstract provided.
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Cardozo Law Review
No abstract provided.
The Normless And Exceptionless Exception: Carl Schmitt's Theory Of Emergency Powers And The "Norm-Exception" Dichotomy, Oren Gross
Cardozo Law Review
No abstract provided.
Notes On Carl Schmitt And Marxism, Benedetto Fontana
Notes On Carl Schmitt And Marxism, Benedetto Fontana
Cardozo Law Review
No abstract provided.
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Cardozo Law Review
No abstract provided.
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Rationality In Law And Economics Scholarship, Jeanne L. Schroeder
Articles
Jeanne L. Schroeder critiques Richard Posner's conception of rationality in law and economics, arguing that his broad and evolving definition dilutes the concept, rendering it too vague and analytically weak. She advocates for a more nuanced approach that integrates psychological insights and acknowledges the limitations of traditional economic models. Schroeder emphasizes the need for empirical accuracy and theoretical rigor, challenging Posner's dismissal of behavioral economics and his reliance on evolutionary biology for explanations of irrational behavior.
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson
Articles
The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.