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Jurisprudence Commons

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Yeshiva University, Cardozo School of Law

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Articles 781 - 810 of 826

Full-Text Articles in Jurisprudence

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky Jan 1988

The Tax Treatment Of Qualified Plans: A Classic Defense Of The Status Quo, Edward A. Zelinsky

Articles

The current tax treatment of qualified pension and profit sharing plans has been criticized by commentators as an unfair and expensive tax expenditure. In this Article, Professor Zelinsky challenges this characterization and defends the current treatment of qualified plans on the ground that it is at least as attractive as its alternatives and superior to many of them. After evaluating the current treatment and the alternatives under the criteria of measurability, administrability, liquidity, equity, and simplicity, Professor Zelinsky concludes that the present treatment of qualified plans can be viewed as an acceptable part of a normative income tax.


Preface, Monroe E. Price Oct 1987

Preface, Monroe E. Price

Cardozo Law Review

No abstract provided.


The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell Oct 1987

The First Amendment Jurisprudence Of Judge Robert H. Bork, Michael W. Mcconnell

Cardozo Law Review

No abstract provided.


The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon Oct 1987

The Probable Significance Of The Bork Appointment For Issues Of Particular Concern To Women, Mary Ann Glendon

Cardozo Law Review

No abstract provided.


The Bork Nomination, Ronald M. Dworkin Oct 1987

The Bork Nomination, Ronald M. Dworkin

Cardozo Law Review

No abstract provided.


The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart Oct 1987

The Judicial Performance Of Robert H. Bork In Administrative And Regulatory Law, Richard B. Stewart

Cardozo Law Review

No abstract provided.


Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony Oct 1987

Judge Robert H. Bork's Decisions In Which He Wrote No Opinion: An Analysis Of The Regulatory And Benefit Cases, Robert A. Anthony

Cardozo Law Review

No abstract provided.


Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby Oct 1987

Analysis Of Judge Robert H. Bork’S Opinions On Standing, Daniel D. Polsby

Cardozo Law Review

No abstract provided.


The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects Oct 1987

The White House Report: Information On Judge Bork's Qualifications, Judicial Record & Related Subjects

Cardozo Law Review

No abstract provided.


The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell Apr 1987

The Poststructuralist Challenge To The Ideal Of Community, Drucilla Cornell

Cardozo Law Review

No abstract provided.


Philosophy In Bankruptcy, David G. Carlson Jan 1987

Philosophy In Bankruptcy, David G. Carlson

Articles

The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.


Comments On Carlson's Comments, John L. Hanks Oct 1986

Comments On Carlson's Comments, John L. Hanks

Cardozo Law Review

No abstract provided.


The Controversy Concerning The Sotheby Sale, J. David Bleich Oct 1986

The Controversy Concerning The Sotheby Sale, J. David Bleich

Cardozo Law Review

No abstract provided.


Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg Jul 1986

Text Into Theory: A Literary Approach To The Constitution, Richard H. Weisberg

Articles

The article explores the evolving dialogue between legal scholars and literary theorists, particularly focusing on how judicial opinions can be viewed as narrative fictions. It challenges traditional notions of textual autonomy in legal interpretation, suggesting that meaning is not fixed but is shaped by subjective readings. The analysis critiques the dichotomy between interpretivism and noninterpretivism, arguing that both approaches are inherently subjective. Drawing on historical and structural interpretations of the Constitution, the article advocates for a balanced approach that considers both textual integrity and communal values, emphasizing that constitutional truths are embedded within societal ideas rather than being strictly majoritarian …


Vertical And Horizontal Aspects Of Takings Jurisprudence: Is Airspace Property?, Mary B. Spector Jan 1986

Vertical And Horizontal Aspects Of Takings Jurisprudence: Is Airspace Property?, Mary B. Spector

Cardozo Law Review

No abstract provided.


Fish V. Fish Or, Some Realism About Idealism, David Luban Jan 1986

Fish V. Fish Or, Some Realism About Idealism, David Luban

Cardozo Law Review

No abstract provided.


Legal Semiotics, Susan W. Tiefenbrun Jan 1986

Legal Semiotics, Susan W. Tiefenbrun

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Searching For The Status Quo, Jeremy Paul Jan 1986

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.


Modern American Jurisprudence And The Problem Of Power, Arthur J. Jacobson Jan 1985

Modern American Jurisprudence And The Problem Of Power, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.


Not-So-Critical Legal Studies, Stephen Diamond Jan 1985

Not-So-Critical Legal Studies, Stephen Diamond

Cardozo Law Review

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr. Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.


Whither Jurisprudence?, Anthony D'Amato Jan 1985

Whither Jurisprudence?, Anthony D'Amato

Cardozo Law Review

No abstract provided.


The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein Jan 1985

The Success Of The Word: The Literary Critic As Constitutional Theorist, Daniel J. Kornstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Law, Literature, And The "Conversation Of Mankind", John D. Ayer Jan 1985

Law, Literature, And The "Conversation Of Mankind", John D. Ayer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell Jan 1985

Taking Hegel Seriously: Reflections On Beyond Objectivism And Relativism, Drucilla Cornell

Cardozo Law Review

No abstract provided.


A Response To Fish And White, Richard H. Weisberg Oct 1984

A Response To Fish And White, Richard H. Weisberg

Articles

The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


Electrifying The First Amendment, Mark S. Nadel Jan 1984

Electrifying The First Amendment, Mark S. Nadel

Cardozo Law Review

No abstract provided.


The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr. Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.


The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler Jan 1984

The Right To A Jury Trial For Jurisdictional Issues, Steven Kessler

Cardozo Law Review

No abstract provided.