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Articles 211 - 240 of 483
Full-Text Articles in Jurisprudence
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden
Cardozo Law Review
No abstract provided.
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Cardozo Law Review
No abstract provided.
Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe
Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe
Cardozo Law Review
No abstract provided.
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty
Cardozo Law Review
No abstract provided.
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Nietzsche's Gnosis Of Law, Frederick M. Dolan
Cardozo Law Review
No abstract provided.
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
The Virtue Of Vagueness In Takings Doctrine, Marc R. Poirier
Cardozo Law Review
In discussions of regulatory takings law, there appears to be an almost universal assumption that its vagueness is a bad thing, a mysterious dysfunction. This article argues that the vagueness in takings doctrine is quite functional and entirely appropriate. Since considerable vagueness turns out to be inevitable, this is just as well. Happily, over time, specific resource use conflicts and transitions sometimes do crystallize out into more predictable forms of law - new rules and customs about specific types of property. Within these specific and limited regimes, we can and should aspire to rules defining the circumstances under which the …
Productive Silence On Carl Schmitt: Constrained Ignorance Or Concluded Reappraisal? A Reply To Detlev F. Vagts, Carl Schmitt In Context: Reflections On A Symposium, Emanuel Richter
Cardozo Law Review
No abstract provided.
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Digitized Pornography Meets The First Amendment, Eric M. Freedman
Cardozo Law Review
No abstract provided.
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Child Pornography In A Virtual World: The Continued Battle To Preserve The Child Pornography Prevention Act Of 1996, Vincent Mccarthy
Cardozo Law Review
No abstract provided.
Hegel's Theory Of Quantity, David Gray Carlson
Hegel's Theory Of Quantity, David Gray Carlson
Cardozo Law Review
No abstract provided.
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Light, Less-Filling, It's Blue-Ribbon!, Stephen F. Ross
Cardozo Law Review
No abstract provided.
The Concept Of Equality In Civil Procedure, William B. Rubenstein
The Concept Of Equality In Civil Procedure, William B. Rubenstein
Cardozo Law Review
No abstract provided.
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss
Cardozo Law Review
No abstract provided.
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Two Cheers For Freedom Of Contract, Mark L. Movsesian
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter
System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter
Cardozo Law Review
Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …
Two Critiques Of Multiculturalism, Ayelet Shachar
Two Critiques Of Multiculturalism, Ayelet Shachar
Cardozo Law Review
No abstract provided.
Saving Desdemona, Ron A. Shapira
Action And Procedure In Reasoning, Johan Van Benthem
Action And Procedure In Reasoning, Johan Van Benthem
Cardozo Law Review
No abstract provided.
Decision Analysis And Law, Ronald A. Howard
Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers
Introduction: A Personal Perspective On "Artificial Intelligence And Judicial Proof", Peter Tillers
Cardozo Law Review
No abstract provided.
Causality And Responsibility, Glenn Shafer
Politics And Denial, Pierre Schlag
Cls 2001, Jeremy Paul
The Next Century Of Legal Thought?, Steven L. Winter
The Next Century Of Legal Thought?, Steven L. Winter
Cardozo Law Review
No abstract provided.
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
Cardozo Law Review
No abstract provided.
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Adjudication And Transformation: Out Of The Heart Of Darkness, Dennis M. Davis
Cardozo Law Review
No abstract provided.
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Do Judges Deploy Policy?, Mitchel De S.-O.-L'E. Lasser
Cardozo Law Review
No abstract provided.
Denial: Not Just A River In Egypt, Gary Minda
Denial: Not Just A River In Egypt, Gary Minda
Cardozo Law Review
No abstract provided.
Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy
Duncan Kennedy, A Critique Of Adjudication: Fin De Siècle, David Kennedy
Cardozo Law Review
No abstract provided.