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Articles 331 - 360 of 483
Full-Text Articles in Jurisprudence
“Now The Machine Runs Itself”: Carl Schmitt On Hobbes And Kelsen, David Dyzenhaus
“Now The Machine Runs Itself”: Carl Schmitt On Hobbes And Kelsen, David Dyzenhaus
Cardozo Law Review
Carl Schmitt claimed that the fundamental distinction of politics is the distinction between friend and enemy. That distinction, he said, has to be put on a substantive basis, which, in the era of the nation state, he supposed must amount to an idea of the homogeneity of the people. Since liberal democracy is opposed to this kind of substance, Schmitt argued that liberalism cannot make the distinction between friend and enemy. It thus cannot defend itself against its enemies. It is no wonder that he remains the leading theorist of fascism.
The Impact Of Daubert On The Admissibility Of Scientific Evidence: The Supreme Court Catches Up With A Decade Of Jurisprudence, Arvin Maskin
The Impact Of Daubert On The Admissibility Of Scientific Evidence: The Supreme Court Catches Up With A Decade Of Jurisprudence, Arvin Maskin
Cardozo Law Review
Over the past several years a host of new civil damage theories has emerged, notably in the mass tort area. These include claims for increased risk of disease, fear of disease, hedonic damages, immunotoxicity, and medical surveillance. In the great majority of these cases, the dispositive issue reduces to causation, which invariably turns upon scientific evidence. Moreover, the stakes in these cases have greatly escalated. For example, the $180 million settlement in the Agent Orange case seemed like a lot of money in 1984, until several years later when the Dalkon Shield litigation, which involved the sale of a single …
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Table Of Contents - Cardozo Law Review, Volume 15, Issue 5
Cardozo Law Review
No abstract provided.
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Cardozo Law Review
No abstract provided.
Language And Materialism, Christina Crosby
Language And Materialism, Christina Crosby
Cardozo Law Review
A report issued by the United Nations recently predicted that "[i]t will take nearly 1,000 years for women to gain the same economic and political clout as men if current trends continue." Indeed, when one reflects on the wrongs done worldwide to women-the silent violence of exploitation and indifference, the pervasive violence of disgust and contempt, the brutal violence of murder and mutilationone wonders, first, whether even a millennium will bring "equal representation in 'the higher echelons of political and economic power,' and second, whether anything would really be changed if women one day come to exercise the same "clout" …
"Reading At The Limit", Elizabeth Weed
"Reading At The Limit", Elizabeth Weed
Cardozo Law Review
In the future, when we reflect upon the phenomenon of "postmodernity," we may be most surprised by its permissiveness. Accustomed as we are to the blurring of genres and disciplinary boundaries, we can forget that the disciplinary gates have been open only a few decades and that they may well close again. Of course, philosophers have always moved freely within the discipline of the law; historians and sociologists have had their place; and now, literary critics and feminist theorists move there as well, through Critical Legal Studies (PoL pp. 100-05), feminist studies (PoL pp. 100-03), critical race theory, …
On The Threshold Of Ethics, Adam Thurschwell
On The Threshold Of Ethics, Adam Thurschwell
Cardozo Law Review
Can the judiciary exercise its authority to interpret the law without committing itself to particular, substantive views of the Good? If not, can law maintain its legitimacy in a democratic society when this legitimacy rests on the state's democratic claim to neutrality vis-i-vis the competing moral visions of its citizens? The fear addressed by these questions-the familiar "counter-majoritarian difficulty"-is that unelected judges will irresponsibly impose their individual moral preferences on an unwilling citizenry. The traditional answer is that interpretation requires no recourse to moral or ethical judgment, because case outcomes may be rationally determined from precedent and other authoritative legal …
The Failure Of The Act: Conceptions Of The Law In The Merchant Of Venice, Bleak House, Les Miserables, And Richard Weisberg’S Poethics, Daniel H. Lowenstein
The Failure Of The Act: Conceptions Of The Law In The Merchant Of Venice, Bleak House, Les Miserables, And Richard Weisberg’S Poethics, Daniel H. Lowenstein
Cardozo Law Review
Richard Weisberg is a leading participant in the academic subfield known as "Law and Literature," which is dedicated to what Weisberg aptly describes as "the delightful task of associating two major human enterprises: establishing justice and telling stories."In his most recent book, Poethics: And Other Strategies of Law and Literature, Weisberg attempts to provide, "more systematically . . . than elsewhere," a "guidebook to Law and Literature theory and practice." Several of the chapters in Poethics were written for other occasions and previously published; accordingly, it is no surprise that Weisberg succeeds more in demonstrating his critical acuity, the …
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Faith In Reason: The Process Tradition In American Jurisprudence, Neil Duxbury
Cardozo Law Review
Even the most cursory survey of the history of jurisprudence reveals a remarkable tendency on the part of legal philosophers to develop concepts, for want of a better word, which are purportedly foundational to the existence of a legal system. Positivists and natural lawyers alike have long been committed to the search for that special concept which stands as the fons et origo of law. Legal philosophers typically frame this search in terms of a quest to discover something singular; and when they do try to conceive of a legal system as founded on a plurality of concepts, their assertions, …
Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill
Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill
Cardozo Law Review
Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Cardozo Law Review
Jacob Burns lived a long and fabled life, which was obviously its own reward. Among the very many things that could be said, and the thing I would like to memorialize here, is the profound legacy Mr. Bums left behind at Benjamin N. Cardozo School of Law, where he served as chairman of the board for many years and as founder of the Jacob Bums Institute for Advanced Legal Studies. In his memory, I would like to say a little about the history of this endeavor and Mr. Burns's role in it.
Jacob Burns's Generosity, June D. Wolfman
Jacob Burns's Generosity, June D. Wolfman
Cardozo Law Review
At Benjamin N. Cardozo School of Law, as in so many other places, Mr. Jacob Bums is known for his exceptionally generous financial contributions. Through the Jacob Bums Scholars Program, I had the opportunity to meet Mr. Bums on several occasions. It was clear to me, and to all of us in the program, that Mr. Bums's support of our school and its students was far more than financial. Mr. Bums supported our student body from his heart.
Readings By Our Unitary Executive, Lawrence Lessig
Readings By Our Unitary Executive, Lawrence Lessig
Cardozo Law Review
No abstract provided.
On The Margins Of Microeconomics, David G. Carlson
On The Margins Of Microeconomics, David G. Carlson
Cardozo Law Review
No abstract provided.
Judaism And Postmodernism, Suzanne Last Stone
Judaism And Postmodernism, Suzanne Last Stone
Cardozo Law Review
No abstract provided.
The Jewish Lawyer, Jerome Hornblass
Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur
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
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
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.
Districting: A Second Vantage Point, Alan Gartner
Districting: A Second Vantage Point, Alan Gartner
Cardozo Law Review
No abstract provided.
German Constitutional Culture In Transition, Bernhard Schlink
German Constitutional Culture In Transition, Bernhard Schlink
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.
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.
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 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.
The Code Of The Moral, Niklas Luhmann