Jurisprudence Commons^™

The Second Canonization Of The Talmud, Hanina Ben-Menahem

Cardozo Law Review

No abstract provided.

Interpreting The Qur'an And The Constitution: Similarities In The Use Of Text, Tradition, And Reason In Islamic And American Jurisprudence, Asifa Quraishi

Cardozo Law Review

No abstract provided.

Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade

Cardozo Law Review

No abstract provided.

Political Time: Sovereignty And The Transtemporal Community, Paul W. Kahn

Cardozo Law Review

No abstract provided.

"Dead To The Law:" Paul's Antinomianism, Jeremy Waldron

Cardozo Law Review

No abstract provided.

Court Review: Volume 43, Issue 3 – Cover

Court Review: Journal of the American Judges Association

No abstract provided.

Court Review: Volume 43, Issue 3 – Recent Criminal Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Cases of particular interest to state-court judges held that a passenger in a routine traffic stop is seized for Fourth Amendment purposes, that California’s determinative sentencing law was unconstitutional, and that the Court’s decision on Crawford v. Washington would not be applied retroactively on collateral review.

Court Review: Volume 43, Issue 3 – Recent Civil Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles Whitebread

Court Review: Journal of the American Judges Association

The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Significant 5-4 civil decisions included ones upholding the Partial-Birth Abortion Ban Act of 2003, limiting Title VII pay discrimination suits by strictly interpreting the date the statute of limitations begins to run, limiting the ability of school districts to consider race in assigning students to schools, and further limiting punitive-damage claims.

Court Review: Volume 43, Issue 3 – Jailing Ourselves: Standards Used For Declaring United States Citizens To Be Enemy Combatants, Joseph Carl Storch

Court Review: Journal of the American Judges Association

On a clear, blue September morning in 2001, nineteen men hijacked four commercial airplanes headed toward the West Coast. They crashed two into the World Trade Center in New York City, one into the Pentagon in Northern Virginia, and one into a Pennsylvania field. In the wake of the shocking attack, Congress authorized President Bush to use military force against those who committed the attack, commencing a “war on terror” that still rages today.

The government has fought the “war on terror” on many fronts. The military is engaged in Afghanistan and Iraq; diplomatic overtures have been made to Libya …

Court Review: Volume 43, Issue 3 – The Resource Page

Court Review: Journal of the American Judges Association

Websites:
Center for Court Innovation www.problemsolvingjustice.org
National Center for State Courts www.ncsconline.org/PSC
The Polling Report www.pollingreport.com

Court Review: Volume 43, Issue 3 – President’S Column, Eileen Olds

Court Review: Journal of the American Judges Association

I can never say enough what an honor and a privilege it is to have been elected to serve as your 46th president of the American Judges Association. I have used that time since our annual conference in Vancouver to crystallize my vision of what I would like to accomplish during my tenure and of what I believe we can accomplish together. The potential to see dreams realized is what keeps us going! Like many of you, I have concluded that judges in general—and the members of AJA in particular—must seize the opportunity to improve our delivery of services within …

Court Review: Volume 43, Issue 3 – Remarks On Judicial Independence, Ruth Bader Ginsburg

Court Review: Journal of the American Judges Association

Essential to the rule of law in any land is an independent judiciary, judges not under the thumb of other branches of Government, and therefore equipped to administer the law impartially. As experience in the United States and elsewhere confirms, however, judicial independence is vulnerable to assault; it can be shattered if the society law exists to serve does not take care to assure its preservation.

On the essence of independent, impartial judging, a comment by former U.S. Chief Justice William H. Rehnquist seems to me right on target. Using a metaphor from his favorite sport, he compared the role …

Court Review: Volume 43, Issue 3 – Editor’S Note, Steve Leben

Court Review: Journal of the American Judges Association

We welcomed Alan Tomkins as coeditor of Court Review in the last issue. This issue marks my return to Court Review from the overall leadership of the American Judges Association (see page 111 for the new president’s opening remarks). I certainly enjoyed my year as AJA president, but it will be great to be able to refocus on Court Review and its role as an aid to judges both in doing their daily work and in protecting the role of independent judges in our society.

Court Review: Volume 43, Issue 3 – Complete Issue

Court Review: Journal of the American Judges Association

Table of Contents:
Remarks on Judicial Independence by Ruth Bader Ginsburg
Recent Civil Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Jailing Ourselves: Standards Used for Declaring United States Citizens to Be Enemy Combatants by Joseph Carl Storch
Editor’s Note
President’s Column
The Resource Page

Court Review: Volume 43, Issue 3 – Table Of Contents

Court Review: Journal of the American Judges Association

Remarks on Judicial Independence by Ruth Bader Ginsburg
Recent Civil Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Jailing Ourselves: Standards Used for Declaring United States Citizens to Be Enemy Combatants by Joseph Carl Storch
Editor’s Note
President’s Column
The Resource Page

The Concerto The Without Sheet Music: Revisiting The Debate Over First Amendment Protection For Information Gathering, Anthony L. Fargo

University of Arkansas at Little Rock Law Review

No abstract provided.

Rabbinic Contestations Of Authority, Christine Hayes

Cardozo Law Review

No abstract provided.

Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman

Cardozo Law Review

No abstract provided.

Excursus: Concerning The Rulings Of R. Ovadiah Yosef Pertaining To The Thanksgiving Prayer, The Settlement Of The Land Of Israel, And Middle East Peace, Shlomo Fischer

Cardozo Law Review

No abstract provided.

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Cardozo Law Review

No abstract provided.

The Demise Of Federal Takings Litigation, Stewart E. Sterk

Articles

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

Parents Involved & Meredith: A Prediction Regarding The (Un)Constitutionality Of Race-Conscious Student Assignment Plans, Eboni S. Nelson

ExpressO

During the October 2006 Term, the United States Supreme Court will consider the constitutionality of voluntary race-conscious student assignment plans as employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education. These cases will mark the Court’s first inquiry regarding the use of race to combat de facto segregation in public education. This article examines the constitutionality of such plans and provides a prediction regarding the Court’s decisions.

The article begins with an analysis of the resegregation trend currently plaguing American educational institutions and identifies two causes for the occurrence: …

Empire Has Its Own Hurdles: Exploring The Nature Of Exceptionalism And Its Consequences For International Law And Multilateral Decision-Making, Saptarishi Bandopadhyay

ExpressO

While it is increasingly becoming a platitude that exceptionalism exists in international law, little is being said about the nature, degrees of this exceptionalism and their differential consequences on the international legal system.

In my effort to bridge what I see as an oversight, this paper will seek to show how contemporary exceptionalist practices are creating a fault in the international legal order which will in turn provide a basis for others to argue for an overall reformulation of rules i.e. actions in contravention of the multilateral international legal framework would no longer need to be justified by manipulative rule …

Legal Consciousness And Contractual Obligations, Kojo Yelpaala

ExpressO

The Article on “Legal Consciousness and Contractual Obligations” will explore and offer an explanation of the origins of the moral foundations for contractual obligations beyond conventional analysis. Building on themes and threads across many disciplines and theories, it seeks to identify and locate certain unities and common elements that explain human consciousness in exchange relations across cultures. The term contract is used in its non-technical and most inclusive sense to cover agreements, promises, undertakings and other forms of consensus whether or not supported by consideration. Viewed within this broad conceptual framework, where do human beings get the idea that they …

Noncomparabilities & Non Standard Logics, Robert C. Hockett

Cornell Law Faculty Publications

Many normative theories set forth in the welfare economics, distributive justice and cognate literatures posit noncomparabilities or incommensurabilities between magnitudes of various kinds. In some cases these gaps are predicated on metaphysical claims, in others upon epistemic claims, and in still others upon political-moral claims. I show that in all such cases they are best given formal expression in nonstandard logics that reject bivalence, excluded middle, or both. I do so by reference to an illustrative case study: a contradiction known to beset John Rawls's selection and characterization of primary goods as the proper distribuendum in any distributively just society. …

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults

ExpressO

The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.

Formulaic Deliberation, Andre L. Smith

ExpressO

Formulaic Deliberation describes the major interpretive regimes--textualism, intentionalism, purposivism, and pragmatism—and represents them formulaically. By classifying them this way, it more precisely describes them as theories, so that we can more precisely perform them as deliberative techniques. And, if we agree that none of them, individually, fits all cases at all times, we can formulaically describe how to synthesize them toward a discrete decision.

William Eskridge, Stanley Fish, Hon. Antonin Scalia, Richard Posner, Ronald Dworkin, John Hart Ely, Adrian Vermeule, Hon. Stephen Breyer, Cass Sunstein, Lawrence Lessig. All of them are right, their method for deciding cases produces benefits with …

Judicial Caprice, Eric Miller

ExpressO

No abstract provided.

Corporations And The Lateral Obligations Of The Social Contract, Benedict Sheehy

ExpressO

Social contract theorists suggest that society at some level is based on the idea that human people surrender freedom for the privilege of participating in society. That participation implicitly requires more than mere minimal compliance with law. Each human person’s contribution to society above the legal baseline, permits humans to create a society that is at least tolerable. Corporations as non-human act without regard for these supra-legal obligations which results in society suffering injustice. Corporate participation in society has become increasingly unjust and has done so to the extent that we may speak of living in a post-ethical world.

Radicals In Robes: A Review, Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book about conservative activists in the federal judiciary. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis, this essay offers an …