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Cardozo Law Review

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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 Mar 2010

Against The Laws Of Time: The Cinematic Thought Of Theo Angelopoulos, Thanos Zartaloudis

Cardozo Law Review

No abstract provided.


Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland Jan 2010

Finding Fault With Defaults: New York Courts' Inconsistent Application Of Issue Preclusion To Default Judgments, David Noland

Cardozo Law Review

No abstract provided.


The Geography Of Criminal Law, Adam Benforado Jan 2010

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 …


Behavioral Decision Theory And Implications For The Supreme Court's Campaign Finance Jurisprudence, Molly J. Walker Wilson Jan 2010

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 Jan 2010

The Bankruptcy Hegemon: Section 524(A) And Its Effect On State And Federal Comity, Benjamin Margulis

Cardozo Law Review

No abstract provided.


The Law And Economics Virus, Spencer Weber Waller Nov 2009

The Law And Economics Virus, Spencer Weber Waller

Cardozo Law Review

No abstract provided.


Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler Nov 2009

Fair Presentation And Exhaustion: The Search For Identical Standards, Jonah Wexler

Cardozo Law Review

No abstract provided.


Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett Sep 2009

Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett

Cardozo Law Review

No abstract provided.


Religious Revival And Pseudo-Secularism, Guy Haarscher Jun 2009

Religious Revival And Pseudo-Secularism, Guy Haarscher

Cardozo Law Review

No abstract provided.


Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld Jun 2009

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 Jun 2009

Feminism And Its "Other": Female Autonomy In An Age Of "Difference", Maleiha Malik

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 Jun 2009

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.


The Tail Wagging The Dog: Local Summary Judgment Rules That Deem Facts Admitted, Nathaniel S. Boyer May 2009

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 May 2009

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.


Theorizing About Self-Incrimination, Ronald J. Allen Dec 2008

Theorizing About Self-Incrimination, Ronald J. Allen

Cardozo Law Review

No abstract provided.


Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach Dec 2008

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 …


Originalism's Expiration Date, Adam M. Samaha Dec 2008

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 May 2008

Employment Law As Labor Law, Benjamin I. Sachs

Cardozo Law Review

No abstract provided.


Preface (On Alain Badiou's Handwriting), Peter Goodrich Apr 2008

Preface (On Alain Badiou's Handwriting), Peter Goodrich

Cardozo Law Review

No abstract provided.


The Event Of The Letter: Two Approaches To The Law And Its Real, Tracy Mcnulty Apr 2008

The Event Of The Letter: Two Approaches To The Law And Its Real, Tracy Mcnulty

Cardozo Law Review

No abstract provided.


Badiou's Nocturnal Jurisprudence, Igor Stramignoni Apr 2008

Badiou's Nocturnal Jurisprudence, Igor Stramignoni

Cardozo Law Review

How, in the philosophy of Alain Badiou, is the relation between thought and language, the true and the legal, between philosophy itself and the impersonal transcendental field made possible through the occurrence of unexpected events? With and against Badiou, I argue that such a relation is one of subtraction and so similar to that which from time immemorial has permitted the somewhat enigmatic dominion of night and day in nature and culture alike. What then might be at stake in Badiou's nocturnal jurisprudence, in his subtractive discourse of the truth of the legal?


The Three Negations, Alain Badiou Apr 2008

The Three Negations, Alain Badiou

Cardozo Law Review

No abstract provided.


Laws Of The 70'S: Badiou's Revolutionary Untimeliness, Emily Apter Apr 2008

Laws Of The 70'S: Badiou's Revolutionary Untimeliness, Emily Apter

Cardozo Law Review

No abstract provided.


Force Of Nonlaw: Alain Badiou's Theory Of Justice, Bruno Bosteels Apr 2008

Force Of Nonlaw: Alain Badiou's Theory Of Justice, Bruno Bosteels

Cardozo Law Review

No abstract provided.


Why Badiou Is A Rousseauist And Why We Should Be Too, Simon Critchley Apr 2008

Why Badiou Is A Rousseauist And Why We Should Be Too, Simon Critchley

Cardozo Law Review

No abstract provided.


The Partisan Of The Universal, Dimitra Panopoulos Apr 2008

The Partisan Of The Universal, Dimitra Panopoulos

Cardozo Law Review

No abstract provided.


Alain Badiou Within Neo-Pragmatism: Objectivity And Change, Talia Morag Apr 2008

Alain Badiou Within Neo-Pragmatism: Objectivity And Change, Talia Morag

Cardozo Law Review

No abstract provided.


Militant Judgment?: Judicial Ontology, Constitutional Poetics, And "The Long War", Penelope Pether Apr 2008

Militant Judgment?: Judicial Ontology, Constitutional Poetics, And "The Long War", Penelope Pether

Cardozo Law Review

No abstract provided.


Toiling For The Universal, Anton Schütz Apr 2008

Toiling For The Universal, Anton Schütz

Cardozo Law Review

No abstract provided.


On Love And Shame, Jamieson Webster Apr 2008

On Love And Shame, Jamieson Webster

Cardozo Law Review

No abstract provided.