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Jurisprudence Commons™

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Yeshiva University, Cardozo School of Law

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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 Mar 2001

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 Mar 2001

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 Mar 2001

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 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.


Left Over Rights, Daria Roithmayr Mar 2001

Left Over Rights, Daria Roithmayr

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.


A Semiotics Of Critique, Duncan Kennedy Mar 2001

A Semiotics Of Critique, Duncan Kennedy

Cardozo Law Review

No abstract provided.


Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens Mar 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

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 Jan 2001

Just So Stories: Posnerian Methodology, Jeanne L. Schroeder

Cardozo Law Review

No abstract provided.


Hegel's Theory Of Quality, David Gray Carlson Jan 2001

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 Nov 2000

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 Jul 2000

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 May 2000

Carl Schmitt And The Three Moments Of Democracy, Andreas Kalyvas

Cardozo Law Review

No abstract provided.


Introduction, Andreas Kalyvas, Jan Müller May 2000

Introduction, Andreas Kalyvas, Jan Müller

Cardozo Law Review

No abstract provided.


Schmitt Reads Marx, Jorge E. Dotti May 2000

Schmitt Reads Marx, Jorge E. Dotti

Cardozo Law Review

No abstract provided.


The Exile Of The Nomos: For A Critical Profile Of Carl Schmitt, Giacomo Marramao May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 May 2000

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 Apr 2000

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 Mar 2000

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.