Jurisprudence Commons^™

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Do Bad Fences Make Bad Neighbors In New York After Scurti V. City Of New York?, David A. Zarett

Cardozo Law Review

No abstract provided.

First Amendment And The Alien Exclusion Power - What Standard Of Review?, Nathan M. Eisler

Cardozo Law Review

No abstract provided.

Editor's Introduction, Richard H. Weisberg

Articles

The article introduces a special issue of a journal dedicated to the field of Law and Literature, showcasing essays that highlight the enduring relevance of literary works in understanding legal themes and structures. It emphasizes the significance of Kafka's The Trial and other works by authors like Dickens and Chaucer in exploring legal systems and their societal impact. The issue also underscores the importance of interdisciplinary scholarship in advancing the field, demonstrating its ability to attract new voices and perspectives.

Burden Of Proof With Respect To The Defense Of Withdrawal From Conspiracy: United States V. Read, Alan S. Fox

Cardozo Law Review

No abstract provided.

The Iranian Litigation: Implications For American Business Interests, Charles G. Labella

Cardozo Law Review

No abstract provided.

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

Professor D'Amato On Law And Custom: A Rejoinder, Ernest Nagel

Cardozo Law Review

No abstract provided.

The Private Use Of Public Authority: Sovereignty And Associations In The Common Law, Arthur J. Jacobson

Articles

The article argues that the law of associations must be understood as a distribution of sovereignty to private individuals and entities, challenging the traditional view that sovereignty is solely the domain of the state. It contends that fiduciary relations, such as agency and partnership, represent a fundamental distribution of sovereignty, as they impose obligations of loyalty and prudent action on individuals acting on behalf of others. The analysis emphasizes that sovereignty is not inherently centralized but can be decentralized through legal structures that empower private associations. By examining fiduciary relations and business entities like partnerships and joint stock companies, the …

Judicial Legislation, Anthony D'Amato

Cardozo Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

The Application Of Constitutive Prescriptions: An Addendum To Justice Cardozo, Myres S. Mcdougal

Cardozo Law Review

No abstract provided.

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.

The Moral Element In Cardozo's Jurisprudence, Stanley C. Brubaker

Cardozo Law Review

No abstract provided.

Contract And Uncertainty: The Reformation Of An International Business Agreement, Joan A. Lipton

Cardozo Law Review

No abstract provided.

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

In The Eyes Of The Beholder: The Exercise Of Equitable Discretion In Federal Habeas Corpus, David Zwiebel

Cardozo Law Review

No abstract provided.