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Articles 541 - 570 of 858
Full-Text Articles in Jurisprudence
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
The Dead End Of Deterrence, And Beyond, Kyron J. Huigens
Articles
No abstract provided.
Foreword, Norman Dorsen
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton
Articles
No abstract provided.
Rethinking The Penalty Phase, Kyron Huigens
Rethinking The Penalty Phase, Kyron Huigens
Articles
This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach
Articles
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Cardozo Law Review
No abstract provided.
Duellism In Modern American Jurisprudence, David G. Carlson
Duellism In Modern American Jurisprudence, David G. Carlson
Articles
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Follow A Rule/Follow A Rhythm: Sharing Practice In A Gitano Quarter In Jerez, Andalucia, Susan G. Drummond, Jean-Marc Sellen
Cardozo Law Review
No abstract provided.
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill
Cardozo Law Review
No abstract provided.
Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks
Articles
The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel
Articles
The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.
Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman
Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman
Cardozo Law Review
No abstract provided.
Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport
Supermajority Rules As A Constitutional Solution, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy R. Langston
Cardozo Journal of Equal Rights & Social Justice
The article argues that the equality principle, while intended to promote gender equality, has failed to address the unique challenges and needs of women, particularly in legal and workplace contexts. Despite advancements in women's rights, structural disparities persist, with women bearing disproportionate burdens in caregiving, employment, and legal proceedings. The analysis critiques how courts and policies often ignore the biological and societal differences between men and women, leading to outcomes that perpetuate gender inequality. The article emphasizes the need for a more nuanced approach to equality that accounts for these differences and addresses systemic power imbalances.
The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert
The Voyeurism Value In First Amendment Jurisprudence, Clay Calvert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis
In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis
Articles
No abstract provided.
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Articles
No abstract provided.
How To Do Things With Hegel, David G. Carlson
How To Do Things With Hegel, David G. Carlson
Articles
The article argues that contract is not merely a tool for pre-existing personalities but is instead constitutive of personality itself. It challenges the conventional view that personality exists prior to law, instead positing that contract is necessary for the emergence and recognition of personality. The author contends that contract is foundational to legal and personal identity, as it establishes mutual recognition and rights between individuals.
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Three's A Crowd: A Feminist Critique Of Calabresi And Melamed's One View Of The Cathedral, Jeanne L. Schroeder
Articles
The article critiques Calabresi and Melamed's trichotomy of property rights, arguing that it oversimplifies property as a binary relationship between subject and object, neglecting the complexities of enjoyment and third-party interests. By employing a feminist and Lacanian psychoanalytic perspective, the analysis highlights how this framework fails to address the dynamic, relational, and intersubjective nature of property, particularly in environmental disputes. The author advocates for a more inclusive understanding of property that incorporates both masculine and feminine metaphors, emphasizing the need to move beyond possession and exchange to recognize the mutual constitution of entitlements and law.
Democracy Schmemocracy, Dan M. Kahan
Delegation As A Danger To Liberty, Nadine Strossen
Delegation As A Danger To Liberty, Nadine Strossen
Cardozo Law Review
No abstract provided.
A Progression Toward Freedom: Protecting The Disabled Under The Ku Klux Klan Act, Gabriella A. Davi
A Progression Toward Freedom: Protecting The Disabled Under The Ku Klux Klan Act, Gabriella A. Davi
Cardozo Law Review
No abstract provided.
The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder
The End Of The Market: A Psychoanalysis Of Law And Economics, Jeanne L. Schroeder
Articles
The perfect market is the end of all actual markets - it is their ideal form. In normative economics, actual markets are the means of achieving the end or ideal of the perfect market. But this means that to achieve a perfect market would result in the end of all actual markets. Despite the centrality of the ideal of the perfect market in the subset of law and economics scholarship based on classical price theory, there is surprisingly little literature on its parameters. In this Commentary, Professor Schroeder examines this literature in order to explicate the nature of this ideal. …
The Gateway For Successive Habeas Petitions: An Argument For Schlup V. Delo'S Probability Standard For Actual Innocence Claims, Mark M. Oh
Cardozo Law Review
No abstract provided.
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman
Cardozo Law Review
No abstract provided.
Cost-Benefit Analysis, Unintended Consequences, And Evidentiary Policy: A Critique And A Rethinking Of The Application Of A Single Set Of Evidence Rules To Civil And Criminal Cases, Myrna S. Raeder
Cardozo Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
Literary Formalism, Legal Formalism, Jeffrey Malkan
Literary Formalism, Legal Formalism, Jeffrey Malkan
Cardozo Law Review
No abstract provided.