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Jurisprudence Commons

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Yeshiva University, Cardozo School of Law

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Articles 661 - 690 of 826

Full-Text Articles in Jurisprudence

Life As An Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich Oct 1993

Life As An Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich

Articles

No abstract provided.


On The Margins Of Microeconomics, David G. Carlson May 1993

On The Margins Of Microeconomics, David G. Carlson

Cardozo Law Review

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone May 1993

Judaism And Postmodernism, Suzanne Last Stone

Cardozo Law Review

No abstract provided.


The Jewish Lawyer, Jerome Hornblass May 1993

The Jewish Lawyer, Jerome Hornblass

Cardozo Law Review

No abstract provided.


Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur May 1993

Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur

Cardozo Law Review

No abstract provided.


Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau May 1993

Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau

Cardozo Law Review

In this article I claim that a distinction should be made between an "early Derrida" and a "later Derrida," similar to the one made between Wittgenstein of the Tractatus and Wittgenstein of the Investigations, or between Heidegger before the Kehre and Heidegger after it. Acceptance of such a distinction enables us to understand Derrida's teachings more clearly, to solve a disagreement in Derrida scholarship, and to understand his deconstruction as less contradictory. I shall also explain the reasons for, and causes of, the change in Derrida's teachings and distinguish between those aspects that changed and those that did not.


Monolingualism And Judaism, José Faur May 1993

Monolingualism And Judaism, José Faur

Cardozo Law Review

No abstract provided.


An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen Apr 1993

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.


Districting: A Second Vantage Point, Alan Gartner Apr 1993

Districting: A Second Vantage Point, Alan Gartner

Cardozo Law Review

No abstract provided.


Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson Apr 1993

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.


In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone Feb 1993

In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone

Articles

Beginning with Professor Robert Cover's Nomos and Narrative, contemporary American legal scholars have increasingly turned, implicitly or more directly, to the Jewish legal tradition as an example of a legal system in which law is defined not by reference to the authority and power of the State, but rather by the commitment of a legal community to voluntarily-accepted legal obligations. These scholars depict the Jewish legal system as having successfully confronted - and resolved - several central dilemmas currently facing American law by maintaining a coherent legal system while accepting behavioral and interpretive pluralism. In this Article, Professor Stone shows …


Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder Jan 1993

Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder

Cardozo Journal of Equal Rights & Social Justice

The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.


German Constitutional Culture In Transition, Bernhard Schlink Jan 1993

German Constitutional Culture In Transition, Bernhard Schlink

Cardozo Law Review

No abstract provided.


Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr. Jan 1993

Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.

Cardozo Law Review

No abstract provided.


Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West Jan 1993

Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West

Cardozo Law Review

No abstract provided.


Voice And Text In Constitutionalism, Ferenc Feher Jan 1993

Voice And Text In Constitutionalism, Ferenc Feher

Cardozo Law Review

No abstract provided.


Hermeneutics And Constitutional Interpretation, Aharon Barak Jan 1993

Hermeneutics And Constitutional Interpretation, Aharon Barak

Cardozo Law Review

No abstract provided.


A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino Jan 1993

A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino

Cardozo Law Review

No abstract provided.


The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons Jan 1993

The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons

Cardozo Law Review

This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.


New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson Jan 1993

New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson

Cardozo Law Review

No abstract provided.


The Code Of The Moral, Niklas Luhmann Jan 1993

The Code Of The Moral, Niklas Luhmann

Cardozo Law Review

No abstract provided.


James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky Jan 1993

James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky

Articles

Few academic doctrines can claim the intellectual and political success of tax expenditure analysis. In roughly a generation's time, Professor Surrey's procedural and substantive critique of tax subsidies has become entrenched in the law school curriculum and in legal scholarship. More impressively, the tax expenditure concept has been enshrined in federal law and become part of the daily discourse of the national budget process.


Moral Debate And Semantic Sleight Of Hand, J. David Bleich Jan 1993

Moral Debate And Semantic Sleight Of Hand, J. David Bleich

Articles

No abstract provided.


The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton Jan 1993

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.


The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter Nov 1992

The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter

Cardozo Law Review

No abstract provided.


Autopoiesis And Justice, Michel Rosenfeld Mar 1992

Autopoiesis And Justice, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell Mar 1992

The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon Mar 1992

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe Mar 1992

Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe

Cardozo Law Review

No abstract provided.


Hegel And The Problem Of Slavery, Steven B. Smith Mar 1992

Hegel And The Problem Of Slavery, Steven B. Smith

Cardozo Law Review

No abstract provided.