Jurisprudence Commons^™

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

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, …

Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

The article explores the intersection of law and literature, emphasizing the narrative nature of legal discourse and the importance of "considerate communication" in legal practice. It critiques the dominance of economic analysis in law and advocates for a more nuanced understanding of language and ethics in legal education and practice. The author uses literary works, such as Herman Melville's Billy Budd Sailor, and historical examples, like the Vichy regime in France, to illustrate the ethical and practical implications of how legal language is used.

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.

The American Judicial Review Quagmire: A Canadian Proposal, Caroline S. Earle

Indiana Law Journal

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Life As An Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich

Articles

No abstract provided.

The Idea Of Juristic Method: A Tribute To Karl Llewellyn, William Twining

University of Miami Law Review

No abstract provided.

On The Strength Of Its Human Dignity: The Pro-Life 1993 Decision Of The German Constitutional Court, Richard Stith

Law Faculty Publications

No abstract provided.

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

On The Margins Of Microeconomics, David G. Carlson

Cardozo Law Review

No abstract provided.

Judaism And Postmodernism, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

The Jewish Lawyer, Jerome Hornblass

Cardozo Law Review

No abstract provided.

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

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

Cardozo Law Review

No abstract provided.

A History And Evaluation Of Dworkin's Theory Of Law, Rudy V. Buller

Dalhousie Law Journal

If we consider Ronald Dworkin's essay, "The Model of Rules" ', to be the first expression of his theory of law, then we have reached the 25th anniversary of that theory. And there can be little doubt that, for the most part of the last quarter century, Professor Dworkin has been the most influential legal philosopher in the English-speaking world.

An Enriched Economic Model Of Political Patronage And Campaign Contributions: Reformulating Supreme Court Jurisprudence, Richard L. Hasen

Cardozo Law Review

No abstract provided.

On Telling Stories In School: A Reply To Farber And Sherry, Richard Delgado

Vanderbilt Law Review

It is difficult to evaluate someone who at the same time is evaluating you-putting you under the glass, dissecting your culture, laws, profession, and norms of political fairness.' The outsider's task is formidable enough: first seeing, then addressing, defects in the culture in which all of us, including the outsider, are immersed. But when one sets out, as Daniel Farber and Suzanna Sherry do in a recent article, to come to terms with outsider scholarship fairly and sympathetically, the task's difficulty increases by an order of magnitude.'

Empowered groups long ago established a host of stories, narratives, conventions, and understandings …

Districting: A Second Vantage Point, Alan Gartner

Cardozo Law Review

No abstract provided.

Judicial Review Of Defensive Tactics In Proxy Contests: When Is Using A Rights Plan Right?, Randall Thomas

Vanderbilt Law School Faculty Publications

Proxy contests have reemerged recently as an important part of the market for corporate control. After years of indifference to corporate elections, dissident shareholders have turned once again to the bal- lot box as a means of removing unwanted management. In a surprisingly large number of these battles, the challengers have succeeded in getting all or much of what they wanted." The resurgence of proxy contests has sparked renewed interest by incumbent managements in developing powerful new defensive tactics in corporate elections. Incumbents' time-honored campaign strategies, such as switching the annual shareholders' meeting date, or restricting the potential candidates who …

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.

The Myth Of The Impartial Judge, Jane C. Murphy

All Faculty Scholarship

No abstract provided.

U.S.-Mexico Agricultural Trade And Investment After Nafta, Bert R. Pena, Amy Henderson, Eduardo Robles-Elias, James F. Smith

United States - Mexico Law Journal (1993-2005)

This PDF contains a central article and response articles, these are then followed by a short discussion piece.

Why Pragmatism? The Puzzling Place Of Pragmatism In Critical Theory, Richard Warner

All Faculty Scholarship

No abstract provided.

Masthead, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introductory Remarks, John M. Stephenson Jr., Franklin E. Gill

United States - Mexico Law Journal (1993-2005)

No abstract provided.

An Abundance Of Riches: Gatt And Nafta Provisions For The Settlement Of Disputes, Louis B. Sohn

United States - Mexico Law Journal (1993-2005)

Includes Annex of Summary of NAFTA Provisions Dealing with the Settlement of Disputes