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Articles 61 - 90 of 483
Full-Text Articles in Jurisprudence
But It Wasn't My Fault! The Scope Of The Zoning Estoppel Doctrine, Simon J. Elkharrat
But It Wasn't My Fault! The Scope Of The Zoning Estoppel Doctrine, Simon J. Elkharrat
Cardozo Law Review
No abstract provided.
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Cardozo Law Review
No abstract provided.
Early Modern Absolutism And Constitutionalism, Kinch Hoekstra
Early Modern Absolutism And Constitutionalism, Kinch Hoekstra
Cardozo Law Review
No abstract provided.
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Cardozo Law Review
No abstract provided.
Money As Measure, David Gray Carlson
Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag
Four Conceptualizations Of The Relations Of Law To Economics (Tribulations Of A Positivist Social Science), Pierre Schlag
Cardozo Law Review
No abstract provided.
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Cardozo Law Review
No abstract provided.
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Cardozo Law Review
No abstract provided.
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
The Constitutional Subject, Its Other, And The Perplexing Quest For An Identity Of Its Own: A Reply To My Critics, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Civil War, Ceasefire, Constitution: Some Preliminary Notes, Sujit Choudhry
Cardozo Law Review
No abstract provided.
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Comments On Michel Rosenfeld's The Identity Of The Constitutional Subject: Selfhood, Citizenship, Culture, And Community, Deborah Hellman
Cardozo Law Review
No abstract provided.
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
Cardozo Law Review
Two hundred years ago, Thomas Jefferson asserted that no law "ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates - most notably in the medical and military contexts - are predicated on the theory that claims of conscience are worthy of legal respect. This Article, which offers a comprehensive account of the contemporary treatment of conscience, challenges established assumptions and seeks to reframe the debate about …
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Can California Save Its Death Sentences? Will Californians Save The Expense?, Scott W. Howe
Cardozo Law Review
No abstract provided.
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Comity Of Errors: The Overemphasis Of Plaintiff Citizenship In Foreign Sovereign Immunities Act "Takings Exception" Jurisprudence, Todd Grabarsky
Cardozo Law Review
No abstract provided.
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Cardozo Law Review
No abstract provided.
The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle
The Forms And Limits Of Religious Accommodation: The Case Of Rluipa, Ira C. Lupu, Robert W. Tuttle
Cardozo Law Review
No abstract provided.
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
The Political (And Other) Safeguards Of Religious Freedom, Richard W. Garnett
Cardozo Law Review
No abstract provided.
Useless Property, Rashmi Dyal-Chand
Useless Property, Rashmi Dyal-Chand
Cardozo Law Review
In his exposition of an economic theory of property rights, Harold Demsetz reinforced a foundational assumption in property law: that private ownership is the best way to harness resources for wealth-building purposes. Implicit in Demsetz's model is the largely undefined belief that private ownership will incentivize appropriate use of the property because such use produces higher exchange value. This Article identifies a blind spot in Demsetz's theory that has largely escaped attention in property law and theory. While fully acknowledging the powerful connection between use and exchange value delineated by Demsetz, it argues that, in disparate markets for new or …
Acontextual Judicial Review, Louis Michael Seidman
Acontextual Judicial Review, Louis Michael Seidman
Cardozo Law Review
No abstract provided.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Public Policy And Antisocial Testators, Ronald J. Scalise Jr.
Cardozo Law Review
This Article challenges the conventional wisdom that "deadhand" control by testators in certain situations is violative of public policy and should not be enforced. Specifically, it argues that many legacies conditioned on a beneficiary acting a certain way or doing a certain thing, such as not marrying or remarrying, should be enforced. This Article argues that the modern approach of disallowing conditions or restrictions on marital freedom in legacies is a product of a bygone era and that the reasons employed for invalidating such conditions are no longer sufficient justifications in the modern day for the current approach of courts. …
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Cardozo Law Review
No abstract provided.
"I'M Going To Dinner With Frank": Admissibility Of Nontestimonial Statements Of Intent To Prove The Actions Of Someone Other Than The Speaker - And The Role Of The Due Process Clause, Lynn Mclain
Cardozo Law Review
No abstract provided.
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Deactivating The Mousetrap: Entrapment By Estoppel As A Defense To Federal Felon-In-Possession Charges, Madeline Stavis
Cardozo Law Review
No abstract provided.
Coordinating Sanctions In Tort, Kyle D. Logue
Coordinating Sanctions In Tort, Kyle D. Logue
Cardozo Law Review
This Article begins with the standard Law and Economics account of tort law as a regulatory tool or system of deterrence, that is, as a means of giving regulated parties the optimal ex ante incentives to minimize the costs of accidents. Building on this fairly standard (albeit not universally accepted) picture of tort law, the Article asks the question how tort law should adjust, if at all, to coordinate with already existing non-tort systems of regulation. Thus, if a particular activity is already subject to extensive agency-based regulation (whether in the form of command-and-control requirements or in the form of …
Reasonableness Is Unreasonable: A New Jurisprudence Of New York Adverse Possession Law, Jason Greenberg
Reasonableness Is Unreasonable: A New Jurisprudence Of New York Adverse Possession Law, Jason Greenberg
Cardozo Law Review
No abstract provided.
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Transitioning To Free Speech: A Case Study On Legal Transfers In Jordanian Jurisprudence, Sarah Joy Gregory
Cardozo Law Review
No abstract provided.
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Bargains Bicoastal: New Light On Contract Theory, Geoffrey P. Miller
Cardozo Law Review
Recent research has shown that large companies select New York law and New York courts to govern disputes under commercial contracts. Because these parties make choice-of-law and forum selection decisions before conflicts arise, there is reason to believe that their preference for New York reflects an effort to select efficient terms. This Article compares New York's contract law with that of its most natural competitor, California. It turns out that New York strictly enforces bargains and displays little tolerance for efforts to rewrite deals ex post. California, in contrast, more willingly reforms contracts for reasons of fairness, equity, morality, or …
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Cardozo Law Review
Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …
Lines Of Vision, Lines Of Flight: The Belly Of An Architect, Anne Bottomley
Lines Of Vision, Lines Of Flight: The Belly Of An Architect, Anne Bottomley
Cardozo Law Review
No abstract provided.