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Articles 151 - 180 of 197
Full-Text Articles in Law and Politics
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
On Aristotelian Criminal Law: A Reply To Duff, Kyron J. Huigens
Articles
No abstract provided.
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Lo Stato Di Diritto E La Legittimità Della Democrazia Costituzionale, Michel Rosenfeld
Articles
No abstract provided.
The Constitution In Crisis Times, Jack N. Rakove
The Constitution In Crisis Times, Jack N. Rakove
Cardozo Public Law, Policy & Ethics Journal
The article examines the challenges the U.S. Constitution faces during crises, particularly in the context of the post-9/11 "War on Terror." It argues that terrorism represents a persistent condition rather than a traditional war, requiring a balanced approach to security and civil liberties. The author emphasizes the importance of constitutional checks on executive power and the role of Congress in ensuring civil liberties are protected during crises.
The War Powers In Brief: On The Irreducible Politics Of The Matter, Roger Pilon
The War Powers In Brief: On The Irreducible Politics Of The Matter, Roger Pilon
Cardozo Public Law, Policy & Ethics Journal
The article argues that the president does not require congressional authorization under the Declare War Clause to engage in hostile acts, as the Constitution's sparse language on war powers intentionally allows flexibility in foreign affairs. It contends that the Declare War Clause is a juridical act, not a prerequisite for initiating hostilities, and that the war powers are fundamentally political rather than legal in nature.
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Ethnopharmacology, Patents And The Politics Of Plants' Genetic Resources, Remigius N. Nwabueze
Cardozo Journal of International and Comparative Law
The article critiques the exploitation of the South's biodiversity and genetic resources by the North, driven by self-interest and pharmaceutical needs, while highlighting the inequities perpetuated by international frameworks like TRIPS and the CBD. It argues that current legal systems, rooted in Western intellectual property principles, fail to protect indigenous knowledge and traditional practices adequately. The analysis proposes alternative approaches, such as compensation regimes and collective rights organizations, to address these disparities and ensure fair benefit-sharing.
Digital Propertization Of The New Artifacts: The Application Of Technologies For "Soft" Representations Of The Physical And Metaphysical, Mark Perry
Cardozo Journal of International and Comparative Law
The article explores how digital technology is revolutionizing the representation and ownership of artifacts, complicating traditional notions of intellectual property and cultural preservation. It argues that high-quality digital reproductions, such as MP3 files and digital images, challenge existing legal frameworks, highlighting the need for more flexible and culturally sensitive approaches to intellectual property rights.
Some Realism About Indigenism, Michael H. Davis
Some Realism About Indigenism, Michael H. Davis
Cardozo Journal of International and Comparative Law
The article argues that the debate over using intellectual property (IP) rights to protect indigenous information is misguided. It posits that the core issue is not legal but economic—specifically, the poverty of indigenous communities. The author contends that IP regimes, particularly the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), exacerbate inequality and are inadequate for addressing the unique concerns of indigenism, which are rooted in economic disparities rather than legal frameworks.
Aaron Burr And The Electoral Tie Of 1801: Strict Constitutional Construction, Jennifer Van Bergen
Aaron Burr And The Electoral Tie Of 1801: Strict Constitutional Construction, Jennifer Van Bergen
Cardozo Public Law, Policy & Ethics Journal
The article challenges the traditional portrayal of Aaron Burr as a schemer in the 1801 electoral tie, arguing that Burr acted with constitutional integrity and principle, unlike Thomas Jefferson, who resorted to political deals. Burr's strict adherence to the Constitution and his refusal to interfere with the electoral process are framed as honorable, while Jefferson's actions are criticized as unconstitutional. The analysis suggests that Burr has been unfairly vilified and offers a counter-narrative to the conventional view of Burr as a villain, emphasizing his commitment to constitutional principles over party loyalty.
The Internet And The Persistence Of Law, Justin Hughes
The Internet And The Persistence Of Law, Justin Hughes
Articles
Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …
Sexism Is A "Family Value", Kimberly Charles
Sexism Is A "Family Value", Kimberly Charles
Cardozo Journal of Equal Rights & Social Justice
The article argues that sexism is an inherent and underlying value in the discourse of the Christian Coalition of America, a prominent Right-Wing group. Rooted in Fundamentalist Christianity, the Coalition's "family values" agenda perpetuates a society of domination, where male authority and control over women are justified as natural and ordained by God. This ideology is evident in their political activism, legal advocacy, and social policies, which systematically undermine women's rights and reinforce gender inequality.
O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld
O Constitucionalismo Americano Confronta O Novo Paradigma Constitucional De Denninger, Michel Rosenfeld
Articles
No abstract provided.
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
What Is And Is Not Pathological In Criminal Law, Kyron J. Huigens
Articles
No abstract provided.
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence Of Social Discovery, John O. Mcginnis
Articles
This Article offers a retrospective on the Rehnquist Court. It argues that the Rehnquist Court has been pursuing a coherent jurisprudence that invigorates decentralization and the private ordering of social norms that Alexis De Tocqueville celebrated in Democracy in America as being the essence of the social order generated by our original Constitution. In four disparate areas-federalism, freedom of association, the religion clauses, and the balance of power between juries and judges-the Court is helping sustain a civil order that bubbles up from state governments or from citizens voluntarily gathered together or randomly selected. The Article is the first to …
Popular Sovereignty And The Electoral College, John O. Mcginnis
Popular Sovereignty And The Electoral College, John O. Mcginnis
Articles
No abstract provided.
Presidential Review As Constitutional Restoration, John O. Mcginnis
Presidential Review As Constitutional Restoration, John O. Mcginnis
Articles
No abstract provided.
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich
Articles
This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
The Supreme Court In Real Time: Haste, Waste, And Bush V. Gore, Michael Herz
Articles
No abstract provided.
The Risks Of Adjudicating Vichy, Richard H. Weisberg
The Risks Of Adjudicating Vichy, Richard H. Weisberg
Articles
The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.
Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld
Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld
Articles
The article argues that the debate between universalism and cultural relativism is mischaracterized and proposes pluralism as a mediating approach. It suggests that pluralism, particularly comprehensive pluralism, can reconcile the tensions between universal human rights and cultural diversity by balancing individual and group rights within a dynamic framework that respects both universal principles and particular contexts.
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Still A Solution: In Further Support Of Spending Supermajority Rules, John O. Mcginnis, Michael B. Rappaport
Articles
No abstract provided.
Commentaries, Thomas Christiano
Commentaries, Thomas Christiano
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
Commentaries, Gregory Fox
Commentaries, Gregory Fox
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
Commentaries, William Pfaff
Commentaries, William Pfaff
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta
Cardozo Journal of Equal Rights & Social Justice
The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz
Articles
No abstract provided.
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
The Original Constitution And Its Decline: A Public Choice Perspective, John O. Mcginnis
Articles
Public choice offers an analysis of the Constitution that is broadly consonant with an important aspect of the Framers' own approach. The Framers' values were those largely of the Scottish enlightenment: they believed in progress of civilization-the accumulation of wealth and knowledge. In order to create a structure of society that would accomplish these ends, they relied on another Enlightenment axiom, namely that man is an object of natural science. By understanding the predictable manner in which individuals are likely to behave in given situations, the Framers could shape a constitution that would channel their behavior to meet their Enlightenment …
Legality Of Secessions: The Case Of Eritrea, Minasse Haile
Legality Of Secessions: The Case Of Eritrea, Minasse Haile
Articles
The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.
Response To Bert Van Roermund, Richard H. Weisberg
Response To Bert Van Roermund, Richard H. Weisberg
Articles
The article responds to Bert van Roermund's arguments about the relationship between law and literature, emphasizing that literature serves as a unique jurisprudential source when it mimetically imitates legal expression. The author argues that literature's value lies in its ability to capture the narrative structures of legal communication, particularly in genres like the novel or novella, which self-consciously replicate legal narrativity. This mimetic quality distinguishes literature from other forms of art and makes it uniquely relevant to legal theory.
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Unfunded Mandates, Hidden Taxation, And The Tenth Amendment: On Public Choice, Public Interest, And Public Services, Edward A. Zelinsky
Articles
Few contemporary issues concern state and local policymakers as intensely as unfunded mandates. Mayors, county executives, city councilmen, and the professional associations representing them routinely argue that the federal and state governments have, in recent years, imposed at an accelerating rate expensive requirements on municipalities without granting corresponding funds for compliance, thereby irresponsibly straining the fiscal capacity of municipalities, hampering their ability to provide essential services, and improperly infringing upon the scope of local control. The complaints of municipal policymakers have provoked a variety of proposals for restraining unfunded mandates: obligatory disclosure of the projected costs of proposed mandates, requirements …