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Articles 271 - 300 of 652
Full-Text Articles in Law and Society
Torture Warrants, Self-Defense, And Necessity, Fritz Allhoff
Torture Warrants, Self-Defense, And Necessity, Fritz Allhoff
Cardozo Public Law, Policy & Ethics Journal
The article examines four potential legal justifications for interrogational torture—civil disobedience, torture warrants, self-defense, and necessity defense. It argues that the necessity defense is the most appropriate legal framework for justifying torture in extreme scenarios, such as the "ticking timebomb" case, while emphasizing that legal justifications do not equate to moral endorsement. The analysis critiques other mechanisms, like torture warrants, for their potential to facilitate abuse, and highlights the necessity defense's ability to balance accountability and extreme exigency.
Gender Quotas After The End Of Men, Julie C. Suk
Gender Quotas After The End Of Men, Julie C. Suk
Articles
The article explores the evolving role of gender quotas in a society where women are increasingly surpassing men in education and professional sectors, a concept termed "the end of men." It examines the legal and social implications of gender quotas, contrasting France's constitutional commitment to gender parity with Sweden's shift away from such quotas as they begin to disadvantage women in certain contexts. The author argues that the justification for gender quotas is being reevaluated, moving from correcting historical discrimination to maintaining gender balance as a permanent societal goal.
Alcohol And Obesity Law In Canada, The United Kingdom, And Australia, M. Neil Browne, Nancy K. Kubasek
Alcohol And Obesity Law In Canada, The United Kingdom, And Australia, M. Neil Browne, Nancy K. Kubasek
Cardozo Journal of International and Comparative Law
The article examines the legal frameworks governing disability discrimination related to alcohol dependence and obesity across Canada, the United Kingdom, and Australia. It highlights the varying degrees of protection afforded to individuals with these conditions under human rights legislation and employment laws. The analysis underscores the tension between recognizing these conditions as disabilities and balancing employer responsibilities, while also exploring the evolving nature of legal protections in light of recent court rulings and shifting societal attitudes.
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Cardozo Law Review
No abstract provided.
Zadoff On Kwall: A Historian’S Critique, Ethan Zadoff
Zadoff On Kwall: A Historian’S Critique, Ethan Zadoff
Cardozo Law Review de•novo
The relationship between law and culture is a complex, dynamic, variegated, and multifaceted accord, an entanglement that belies the traditional dynamic of categorical distinction that, many posit, lies at the center of the two amorphous terms. Increasingly over the last decade and a half, scholars, particularly legal scholars, have started to reconsider the complexities of the legal in social and cultural environs, partially as a result of interdisciplinary methods of cultural theory, which have permeated the guarded borders of legal studies. Roberta Kwall’s article titled “The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study” in the December …
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Cardozo Journal of Conflict Resolution
In 1984, The Walt Disney Company ("Disney") was riding the wave of success from its newest Resort, Tokyo Disney Resort ("Tokyo Disney"), which attracted 10 million guests in the first year alone, and its thoughts turned to further international expansion-this time, in Europe. After careful consideration of potential locations and preliminary negotiations with two European governments, Disney decided in 1984 to launch Euro Disneyland ("Euro Disneyland" or "EDL") in Marne-la-Vall6e, France. The realities of opening and operating EDL in France were far different than Disney's expectations when it began negotiations-so much so that the Resort narrowly escaped bankruptcy. For an …
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
Cardozo Journal of Conflict Resolution
This Article considers whether ADR presents a branding problem for legal professionals and, if so, how those professionals can reclaim the brand in productive, career-affirming ways. Whether one should self-identify as proponent, practitioner, or scholar of alternative practices implicates broad tensions not only around assimilating with integrity into any longstanding change-resistant profession, but also around the shortcomings of the adversarial system and the legitimacy of ADR.
Response To Zadoff On Kwall, Roberta Rosenthal Kwall
Response To Zadoff On Kwall, Roberta Rosenthal Kwall
Cardozo Law Review de•novo
In The Cultural Analysis Paradigm: Women and Synagogue Ritual as a Case Study, I demonstrate that a cultural analysis of halakhah views the norms of female ritualistic participation concerning being called to, and reading from the Torah as the result of environment, conditioning, history, and context, rather than as an unalterable mandate. To my knowledge, the idea that halakhah should be understood through a cultural analysis lens has not previously been explored in either the legal or Jewish studies literature. The paradigm developed in the Article was based on an extensive review of the cultural analysis literature and represents …
Critique Of Money Judgment Part Three: Restraining Notices, David G. Carlson
Critique Of Money Judgment Part Three: Restraining Notices, David G. Carlson
Articles
New York is virtually unique in permitting lawyers to issue court orders restraining debtors and third parties from conveying away any assets that could be used to satisfy a money judgment. In effect, these orders command the recipient to do nothing, whereas a turnover or garnishment orders the recipient to do something — pay the creditor or sheriff or surrender illiquid property to the sheriff. The weakness and strength of this debt collection tool is assessed at length. The Article also analyzes in detail New York’s Exempt Income Protection Act, enacted in 2008 to force banks to protect the exempt …
Accommodating Childhood, Annette Ruth Appell
Accommodating Childhood, Annette Ruth Appell
Cardozo Journal of Equal Rights & Social Justice
Unlike other social categories, such as race, gender, sexual identity, and disability, the legal academy has bestowed scant critical examination on the category of childhood Yet like other socio-legal categories with natural referents, childhood masks the contingency and normativity of behavior, expectations, power, and regulation, rendering the social order natural and inevitable. Childhood also scripts behavior and produces subordination and privilege in a manner unique to the adult-child dichotomy. As such, the category bears examination not only for what it reveals about adults, but also for what it reveals about the power and agency of children and the artificiality ofchildhood …
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman
Defamation And False Rape Claims: Policies, Attitudes, And Suggested Reform In The United States And The United Kingdom, Claire Steinman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and societal implications of defamation cases arising from false rape claims in the United States and the United Kingdom. It argues that while U.S. defamation law provides stricter standards for liability, the U.K.'s approach to punishment is more effective in deterring false claims. The optimal solution, the note suggests, is to combine the U.S. legal framework for determining liability with the U.K.'s harsher penalties to protect both the falsely accused and genuine victims.
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Cardozo Law Review
No abstract provided.
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Cardozo Law Review
No abstract provided.
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
In Defense Of Flexiphobia: How Training In Intractability Can Help Lawyers In Moments Of Perceived Emergency, Richard H. Weisberg
Cardozo Law Review
No abstract provided.
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki
Cardozo Law Review
Two hundred years ago, Thomas Jefferson asserted that no law "ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates - most notably in the medical and military contexts - are predicated on the theory that claims of conscience are worthy of legal respect. This Article, which offers a comprehensive account of the contemporary treatment of conscience, challenges established assumptions and seeks to reframe the debate about …
The Topography Of Legal Recognition Of Same-Sex Relationships, Edward D. Stein
The Topography Of Legal Recognition Of Same-Sex Relationships, Edward D. Stein
Articles
This article categorizes and explains the variety of forms of relationship recognition that have emerged in the United States over the last dozen or so years. Five issues regarding same-sex marital andnonmarital relationship statuses are examined: (1) eligibility, (2) benefits, (3) dissolution, (4) recognition from other jurisdictions, and (5) the intersection of state and federal law. The article then offers various proposals about what states should do in the face of the options that have emerged: (a) states that recognize same-sex marriages and nonmarital relationships should adapt their statutes to recognize "substantially similar" relationships; (b) jurisdictions should adopt statutes that …
What Police Learn From Lawsuits, Joanna C. Schwartz
What Police Learn From Lawsuits, Joanna C. Schwartz
Cardozo Law Review
This Article asks what can be learned from the vast amount of information generated by modern civil litigation. One answer lies in the practices of a small but growing number of law enforcement agencies that pay careful attention to suits brought against them and their officers. These departments gather information from initial complaints, discovery, and case resolutions and use that information to identify personnel and policy weaknesses. Lawsuit data has proven valuable to these departments' performance-improvement efforts: suits have alerted departments to incidents of misconduct, and the information developed during the course of discovery and trial has been found to …
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Articles
No abstract provided.
Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles
Tribal Rituals Of The Mdl: A Comment On Williams, Lee, And Borden, Repeat Players In Multidistrict Litigation, Myriam E. Gilles
Articles
No abstract provided.
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Property On The Borderline: A Comparative Analysis Of The Legal Status Of Animals In Canada And The United States, Maneesha Deckha
Cardozo Journal of International and Comparative Law
The article examines Canada's progressive stance on social issues but highlights that this progressiveness does not extend to animal rights, where Canada often lags behind the U.S. It explores legal developments challenging the traditional property status of animals, particularly in tort law and estate planning, while emphasizing that these changes are symbolic and limited to companion animals.
Madisonian Fair Use, Michael J. Madison
Madisonian Fair Use, Michael J. Madison
Cardozo Arts & Entertainment Law Journal
No abstract provided.
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
"U" Stands For Underutilization: The U Visa's Vulnerability For Underuse In The Sex Trafficking Context, Erin Bistricer
Cardozo Journal of Equal Rights & Social Justice
The U Visa, established in 2000 under the Violence Against Women Act (VAWA) reauthorization, was designed to provide legal status to victims of certain crimes, including sex trafficking, without fear of deportation. However, its implementation has been hindered by significant challenges, including delayed regulations, confusion among applicants, and reliance on law enforcement cooperation, which can be a barrier for traumatized victims. While the U Visa offers more flexibility than the T Visa by covering a broader range of crimes and requiring a lower standard of proof, its effectiveness is limited by factors such as annual caps, inadequate state anti-trafficking laws, …
A Tango Between Copyright And Choreography: Whiteness As Status Property In Balanchine's Ballets, Fuller's Serpentine Dance, And Graham's Modern Dances, Caroline Joan S. Picart
A Tango Between Copyright And Choreography: Whiteness As Status Property In Balanchine's Ballets, Fuller's Serpentine Dance, And Graham's Modern Dances, Caroline Joan S. Picart
Cardozo Journal of Equal Rights & Social Justice
The article examines the intersection of race, gender, and copyright law in the context of modern dance in the United States. It argues that the legal battles over copyright protection for choreography were deeply influenced by racial and gender biases, with white male choreographers like George Balanchine securing ownership and control over their works, while female choreographers like Martha Graham faced significant challenges in maintaining control over their intellectual property. The article highlights how these dynamics shaped the legal framework for copyright protection in dance, emphasizing the role of whiteness and gender in determining ownership and legacy.
Predators In Paradise: Puerto Rico's Recent Sex Offender Problems And The Federal Government's Ill Suited Solutions, Adan Soltren
Predators In Paradise: Puerto Rico's Recent Sex Offender Problems And The Federal Government's Ill Suited Solutions, Adan Soltren
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges and implications of implementing the Adam Walsh Act (2006) in Puerto Rico, particularly its Sex Offender Registration and Notification Act (SORNA) provisions. It highlights Puerto Rico's noncompliance with SORNA due to its less stringent sex offender laws and the economic and policy concerns surrounding full adoption. The analysis critiques SORNA's one-size-fits-all approach, especially its treatment of juvenile offenders, and proposes tailored solutions for Puerto Rico to address these issues while maintaining public safety.
The Zero-Sum Game Of Language Accommodations In The Workplace, James Leonard
The Zero-Sum Game Of Language Accommodations In The Workplace, James Leonard
Cardozo Law Review
No abstract provided.
Governing In The Information Age: Technology As A Tool Of Democratic Engagement, Sally Katzen
Governing In The Information Age: Technology As A Tool Of Democratic Engagement, Sally Katzen
Cardozo Law Review
No abstract provided.
Regulation, Deregulation, And Happiness, Jeffrey L. Harrison
Regulation, Deregulation, And Happiness, Jeffrey L. Harrison
Cardozo Law Review
No abstract provided.
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Cardozo Law Review
No abstract provided.
Paul Verkuil And Pragmatic Adjustment In Government, Sidney A. Shapiro
Paul Verkuil And Pragmatic Adjustment In Government, Sidney A. Shapiro
Cardozo Law Review
No abstract provided.
Much Needed Reform In The Realm Of Public Morals: A Proposed Addition To The Gatt Article Xx(A) "Public Morals" Framework, Resulting From China-Audiovisual, Tyler M. Smith
Cardozo Journal of International and Comparative Law
The note examines the tension between free trade and moral considerations under the GATT and GATS frameworks, focusing on the public morals exceptions in Article XXa of the GATT and Article XIVa of the GATS. It critiques the WTO's current two-tiered jurisprudential framework, particularly the provisional justification standard, for insufficiently addressing the balance between trade restrictions and moral protections. The author proposes a more robust analytical framework requiring states invoking public morals exceptions to demonstrate substantial domestic legislative and executive efforts to protect those morals, ensuring such measures are not mere pretexts for protectionism. This approach aims to foster predictability, …