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Articles 91 - 120 of 483
Full-Text Articles in Jurisprudence
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis
Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis
Cardozo Law Review
No abstract provided.
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson
Cardozo Law Review
America stands at a moment in history when advances in the understanding of human decision-making are increasing the strategic efficacy of political strategy. As campaign spending for the presidential race reaches hundreds of millions of dollars, the potential for harnessing the power of psychological tactics becomes considerable. Meanwhile, the Supreme Court has characterized campaign money as "speech" and has required evidence of corruption or the appearance of corruption in order to uphold restrictions on campaign expenditures. Ultimately, the Court has rejected virtually all restrictions on campaign spending on the ground that expenditures, unlike contributions, do not contribute to corruption or …
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis
Cardozo Law Review
No abstract provided.
The Geography Of Criminal Law, Adam Benforado
The Geography Of Criminal Law, Adam Benforado
Cardozo Law Review
When Westerners explain the causes of actions or outcomes in the criminal law context, they demonstrate a strong tendency to overestimate the importance of dispositional factors, like thinking, preferring, and willing, and underestimate the impact of interior and exterior situational factors, including environmental, historical, and social forces, as well as affective states, knowledge structures, motives, and other unseen aspects of our cognitive frameworks and processes. One of the situational factors that we are particularly likely to overlook is physical space - that is, landscapes, places, natures, boundaries, and spatialities. Our shortsightedness comes at a great cost. Spatial concerns shape legal …
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland
Cardozo Law Review
No abstract provided.
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler
Cardozo Law Review
No abstract provided.
The Law And Economics Virus, Spencer Weber Waller
The Law And Economics Virus, Spencer Weber Waller
Cardozo Law Review
No abstract provided.
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett
Cardozo Law Review
No abstract provided.
Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March
Cardozo Law Review
No abstract provided.
Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik
Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik
Cardozo Law Review
No abstract provided.
Religious Revival And Pseudo-Secularism, Guy Haarscher
Religious Revival And Pseudo-Secularism, Guy Haarscher
Cardozo Law Review
No abstract provided.
The Tail Wagging The Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer
The Tail Wagging The Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer
Cardozo Law Review
No abstract provided.
Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner
Cardozo Law Review
No abstract provided.
Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach
Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach
Cardozo Law Review
This article introduces a novel element to copyright law's exemptions' scheme, and particularly the fair use doctrine - a reciprocal share-alike requirement. I argue that beneficiaries of a copyright exemption should comply with a complementary set of ex-post reciprocal share-alike obligations that come on top of the exemption that they benefit from. Among other aspects, reciprocal share-alike obligations may trump contractual limitations and technological protection measures that are imposed by parties who relied on a copyright exemption in the course of their own use of copyrighted materials. Thus, fair use beneficiaries should be obliged to treat alike subsequent third parties …
Theorizing About Self-Incrimination, Ronald J. Allen
Theorizing About Self-Incrimination, Ronald J. Allen
Cardozo Law Review
No abstract provided.
Originalism's Expiration Date, Adam M. Samaha
Originalism's Expiration Date, Adam M. Samaha
Cardozo Law Review
The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …
Employment Law As Labor Law, Benjamin I. Sachs
Employment Law As Labor Law, Benjamin I. Sachs
Cardozo Law Review
No abstract provided.
Fidelity And The Law: Politics And Ethics In Badiou's Logiques Des Mondes, Gabriel Riera
Fidelity And The Law: Politics And Ethics In Badiou's Logiques Des Mondes, Gabriel Riera
Cardozo Law Review
No abstract provided.
Laws Of The 70'S: Badiou's Revolutionary Untimeliness, Emily Apter
Laws Of The 70'S: Badiou's Revolutionary Untimeliness, Emily Apter
Cardozo Law Review
No abstract provided.
The Working Lawyer As Subject And The Juridical Event, Kirk W. Junker
The Working Lawyer As Subject And The Juridical Event, Kirk W. Junker
Cardozo Law Review
When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objectification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical problem. . . . Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have …
Bad U . . . ?, Pierre Legrand
Why Badiou Is A Rousseauist And Why We Should Be Too, Simon Critchley
Why Badiou Is A Rousseauist And Why We Should Be Too, Simon Critchley
Cardozo Law Review
No abstract provided.
Preface (On Alain Badiou's Handwriting), Peter Goodrich
Preface (On Alain Badiou's Handwriting), Peter Goodrich
Cardozo Law Review
No abstract provided.
The Three Negations, Alain Badiou
Force Of Nonlaw: Alain Badiou's Theory Of Justice, Bruno Bosteels
Force Of Nonlaw: Alain Badiou's Theory Of Justice, Bruno Bosteels
Cardozo Law Review
No abstract provided.
Violence In Badiou's Recent Work, Joseph Jenkins
Violence In Badiou's Recent Work, Joseph Jenkins
Cardozo Law Review
No abstract provided.
Reflective Intensions: Two Foundational Decision-Points In Mathematics, Law, And Economics, Robert Hockett
Reflective Intensions: Two Foundational Decision-Points In Mathematics, Law, And Economics, Robert Hockett
Cardozo Law Review
No abstract provided.
If It Be Not Now, David Lichtenstein
The Event Of The Letter: Two Approaches To The Law And Its Real, Tracy Mcnulty
The Event Of The Letter: Two Approaches To The Law And Its Real, Tracy Mcnulty
Cardozo Law Review
No abstract provided.