Jurisprudence Commons^™

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

Cardozo Law Review

No abstract provided.

The Anatomy In Property Law: "It's Not About Sex," Or Is It?, David S. Caudill

Cardozo Law Review

No abstract provided.

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.

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 …

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

Articles

No abstract provided.

Delegation As A Danger To Liberty, Nadine Strossen

Cardozo Law Review

No abstract provided.

In Praise Of The Efficiency Of Decentralized Traditions And Their Preconditions, John O. Mcginnis

Articles

No abstract provided.

Democracy Schmemocracy, Dan M. Kahan

Cardozo Law Review

No abstract provided.

A Progression Toward Freedom: Protecting The Disabled Under The Ku Klux Klan Act, Gabriella A. Davi

Cardozo Law Review

No abstract provided.

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

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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

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.

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.

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.

After Legal Indeterminacy: Carl Schmitt And The National Socialist Legal Order, 1933-1936, William E. Scheuerman

Cardozo Law Review

No abstract provided.

Literary Formalism, Legal Formalism, Jeffrey Malkan

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

Cardozo Law Review

No abstract provided.

"A Revolution Which Seeks To Abolish Law, Must End Necessarily In Despotism": Louisa Mccord And Antebellum Southern Legal Thought, Alfred L. Brophy

Cardozo Journal of Equal Rights & Social Justice

Louisa McCord's essays provide a unique lens into the legal and political thought of antebellum Southern society, particularly her defense of slavery and the role of law in maintaining social order. She argued that law should ensure basic fairness in market transactions but should not interfere with the institution of slavery, which she viewed as a matter of sentiment rather than legal regulation. McCord's work challenges the notion that legal history is confined to the common law tradition, emphasizing the importance of understanding law as part of a broader societal outlook.

Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Mapping Mediation: The Risks Of Riskin's Grid, Kimberlee K. Kovach, Lela P. Love

Articles

We use maps for orientation and guidance. A topographical map and compass guide us through unmarked terrain. To pass a bar exam, law students follow a course carefully mapped out by BAR/ BRI. To understand political configurations, we study maps of the world, indicating countries and states and their boundaries. Maps are important. They create paradigms or "boxes" within which to operate safely and efficiently. The universe a map depicts-what is put in and what is left out-must have an internal cohesion, logic, and accuracy. If not, maps misguide their users.

Estoppel In Property Law, Stewart E. Sterk

Articles

The article explores the complex role of estoppel doctrine in property law, emphasizing its promise-based nature and its distinct application compared to contract law. It highlights how estoppel enforces promises, resolves disputes, and protects interests in property law, particularly in family and neighbor disputes. The analysis critiques the reliance vs. promise debate, asserting that promise is the critical factor. The article also underscores the challenges of enforcing oral promises and the importance of written agreements to avoid injustice and ensure clarity in property transactions.

The Judge's Dilemma: Duty Or Conscience?, Robert W. Sweet

Cardozo Law Review

No abstract provided.

The Second Circuit "Estopped": There Is No Promissory Estoppel In New York, Arthur B. Schwartz

Cardozo Law Review

No abstract provided.

The Board Of Directors And Internal Control, Melvin A. Eisenberg

Cardozo Law Review

No abstract provided.

Burden Of Proof And Estimation Of Drug Quantities Under The Federal Sentencing Guidelines, Johan Bring, Colin Aitken

Cardozo Law Review

According to the United States Federal Sentencing Guidelines (the "FSG"), a person convicted for handling drugs should not only be sentenced for the quantity seized but also for the total quantity handled as "part of the same course of conduct or common scheme or plan as the offense of conviction." Hence, judges, probation officers, and lawyers often need to estimate the total quantity of drugs handled. The evidence on which to base such an estimation, however, differs greatly in both characteristic and quality. The types of evidence could include: the quantity of drugs seized, information concerning quantities handled …

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.