Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (155)
- Law and Society (133)
- Legal History (98)
- Judges (90)
- Criminal Law (80)
-
- Criminal Procedure (78)
- Common Law (74)
- Courts (74)
- Comparative and Foreign Law (65)
- Intellectual Property Law (60)
- International Law (59)
- First Amendment (54)
- Entertainment, Arts, and Sports Law (51)
- Legislation (51)
- Law and Gender (50)
- Human Rights Law (48)
- Dispute Resolution and Arbitration (44)
- Evidence (43)
- Contracts (42)
- Torts (36)
- Arts and Humanities (34)
- Philosophy (31)
- Civil Rights and Discrimination (27)
- Legal Profession (26)
- Law and Politics (24)
- Legal Ethics and Professional Responsibility (24)
- Education Law (23)
- Law and Economics (23)
- Keyword
-
- Jurisprudence (204)
- Constitutional Law (41)
- Politics (General) (33)
- Law and Society (29)
- Judges (26)
-
- Philosophy (25)
- Legal History (24)
- Common Law (19)
- First Amendment (18)
- Legislation (16)
- Political Systems and Governments (16)
- Democracy (15)
- Legal Practice and Procedure (14)
- Torts (14)
- Contracts (13)
- Courts (13)
- Criminal Law and Procedure (13)
- Government (General) (11)
- Supreme Court of the United States (11)
- Ethics (10)
- International Law (10)
- Economics Law (9)
- Education Law (9)
- Evidence (9)
- Judiciary Branch (9)
- Civil Rights (8)
- Human Rights Law (8)
- Legal Analysis and Writing (8)
- Penology (8)
- Property--Personal and Real (8)
- Publication Year
- Publication
- Publication Type
Articles 691 - 720 of 858
Full-Text Articles in Jurisprudence
On The Margins Of Microeconomics, David G. Carlson
On The Margins Of Microeconomics, David G. Carlson
Cardozo Law Review
No abstract provided.
Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau
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.
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
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.
The New Russian Federalism, Gennady M. Danilenko
The New Russian Federalism, Gennady M. Danilenko
Cardozo Journal of International and Comparative Law
No abstract provided.
Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop
Federalism, Secession, And The Limits Of Ethnic Accommodation: A Canadian Perspective, Robert Howse, Karen Knop
Cardozo Journal of International and Comparative Law
The article examines the limitations of federalism in addressing ethnic nationalism, focusing on case studies from Quebec and Lithuania. It argues that federalism alone is insufficient without robust protections for individual and minority rights, as increased regional power can exacerbate nationalist sentiments. The analysis critiques various justificatory models for secession, emphasizing the importance of balancing universal rights with national aspirations to achieve long-term stability and cohesion.
Districting: A Second Vantage Point, Alan Gartner
Districting: A Second Vantage Point, Alan Gartner
Cardozo Law Review
No abstract provided.
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen
Cardozo Law Review
No abstract provided.
In Pursuit Of The Counter-Text: The Turn To The Jewish Legal Model In Contemporary American Legal Theory, Suzanne Last Stone
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 …
James Madison And Public Choice At Gucci Gulch: A Procedural Defense Of Tax Expenditures And Tax Institutions, Edward A. Zelinsky
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
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
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.
Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder
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
German Constitutional Culture In Transition, Bernhard Schlink
Cardozo Law Review
No abstract provided.
Voice And Text In Constitutionalism, Ferenc Feher
Voice And Text In Constitutionalism, Ferenc Feher
Cardozo Law Review
No abstract provided.
Hermeneutics And Constitutional Interpretation, Aharon Barak
Hermeneutics And Constitutional Interpretation, Aharon Barak
Cardozo Law Review
No abstract provided.
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
A Philosophical Reconstruction Of Judicial Review, Carlos Santiago Nino
Cardozo Law Review
No abstract provided.
The Code Of The Moral, Niklas Luhmann
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
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
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.
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Toward A First Amendment Jurisprudence Of Respect: A Comment On George Fletcher’S Constitutional Identity, Robin West
Cardozo Law Review
No abstract provided.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Rhetorical Resonance And Constitutional Vision, W. Cole Durham Jr.
Cardozo Law Review
No abstract provided.
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
Cardozo Law Review
No abstract provided.
The Hegelian Revival In American Legal Discourse, David G. Carlson
The Hegelian Revival In American Legal Discourse, David G. Carlson
Articles
No abstract provided.
Interpretation Versus Understanding Systems, Hans Ulrich Gumbrecht
Interpretation Versus Understanding Systems, Hans Ulrich Gumbrecht
Cardozo Law Review
No abstract provided.
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
The Relevance Of Time To The Relationship Between The Philosophy Of The Limit And Systems Theory, Drucilla Cornell
Cardozo Law Review
No abstract provided.
Law As Discourse, George P. Fletcher
Autopoiesis And Justice, Michel Rosenfeld
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Sociological Theory In The Absence Of People: The Limits Of Luhmann’S Systems Theory, Alan Wolfe
Cardozo Law Review
No abstract provided.
Autopoiesis In America, Stephen Diamond
Hegel And The Problem Of Slavery, Steven B. Smith
Hegel And The Problem Of Slavery, Steven B. Smith
Cardozo Law Review
No abstract provided.