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Articles 331 - 360 of 652
Full-Text Articles in Law and Society
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Drawing Bisexuality Back Into The Picture: How Bisexuality Fits Into Lgbt Legal Strategy Ten Years After Bisexual Erasure, Heron Greenesmith
Cardozo Journal of Equal Rights & Social Justice
The article argues that bisexuality remains legally invisible, both in legal culture and jurisprudence, due to its inherent complexity and the reliance of legal arguments on a binary understanding of sexual orientation. It extends Kenji Yoshino's theory of bisexual erasure into the legal context, proposing that bisexuality is not just socially invisible but also legally inconspicuous. The analysis focuses on two main hypotheses: first, that bisexuality is inherently invisible to the law beyond deliberate erasure, and second, that where bisexuality is legally relevant, it complicates legal arguments that depend on the binary of sexuality. The article concludes by advocating for …
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Due Process And Targeted Killing Of Terrorists, Richard Murphy, Afsheen John Radsan
Cardozo Law Review
"Targeted killing" is extra-judicial, premeditated killing by a state of a specifically identified person not in its custody. States have used this tool, secretly or not, throughout history. In recent years, targeted killing has generated new controversy as two states in particular - Israel and the United States - have struggled against opponents embedded in civilian populations. As a matter of express policy, Israel engages in targeted killing of persons it deems members of terrorist organizations involved in attacks on Israel. The United States, less expressly, has adopted a similar policy against al Qaeda - particularly in the border areas …
Canceling The Deal: Two Models Of Material Adverse Change Clauses In Business Combination Agreements, Robert T. Miller
Canceling The Deal: Two Models Of Material Adverse Change Clauses In Business Combination Agreements, Robert T. Miller
Cardozo Law Review
In any large corporate acquisition, there is a delay between the time the parties enter into a merger agreement and the time the transaction is effected and the purchase price is paid. One effect of this delay is that the business or financial condition of one of the parties may deteriorate before the deal closes. When this happens to the target in a cash deal or to either party in a stock deal, the counterparty may conclude that the transaction is no longer attractive. Merger agreements typically protect counterparties against such contingencies through material adverse change (MAC) clauses. Under the …
Uniforms And Veils: What Difference Does A Difference Make?, Leora Bilsky
Uniforms And Veils: What Difference Does A Difference Make?, Leora Bilsky
Cardozo Law Review
No abstract provided.
A Response To Professor Greenawalt, Marci A. Hamilton
A Response To Professor Greenawalt, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
Cardozo Law Review
No abstract provided.
An Anthropologist's Approach To Mediation, Rebecca Golbert
An Anthropologist's Approach To Mediation, Rebecca Golbert
Cardozo Journal of Conflict Resolution
On October 31, 2008, the Dispute Resolution Section of the American Bar Association, in collaboration with AAA International Centre for Dispute Resolution, ACB Group-Netherlands, ADR Center-Rome, CEDR, CMAP, International Academy of Mediators, International Institute for Conflict Prevention & Resolution ("CPR"), JAMS, Netherlands Mediation Institute, and the International Mediation Institute, held its first International Mediation Leadership Summit. The Summit's setting-the Peace Palace in The Hague in the Netherlands-was both breathtakingly beautiful and evocative. The Summit's goals-guided by the leadership and vision of Section Chair Lela Love and former Chair Bruce Meyerson, as well as international partners Manon Schonewille and Giuseppe de …
Totem, Taboo And The Concept Of Law: Myth In Hart And Freud, Jeanne L. Schroeder
Totem, Taboo And The Concept Of Law: Myth In Hart And Freud, Jeanne L. Schroeder
Articles
The article critically examines H.L.A. Hart’s The Concept of Law, arguing that its foundational narrative of legal evolution relies on a mythological anthropology. Hart’s account of the transition from primitive to modern legal systems through secondary rules is revealed to be a myth that, while not historically accurate, conveys deeper truths about the nature of law and modernity. The analysis draws parallels between Hart’s mythography and Freud’s psychoanalytic theories, particularly in Totem and Taboo and Moses and Monotheism, to explore how both thinkers conceptualize the origins of law as a shift from direct force to symbolic authority. The article contends …
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein
The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein
Articles
This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …
Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf
Yada, Yada, Yada: Seinfeld, The Law And Mediation, Paul Devendorf
Cardozo Journal of Conflict Resolution
This Note will first explore the popularity of Seinfeld and discuss the influence of Seinfeld on legal culture. Part III details cultivation theory and explores the possible influences Seinfeld may have in shaping its viewers' impressions of formal law. Specific instances in-which Seinfeld has ridiculed formal legal practices and offered social criticisms of the legal profession are analyzed in Part IV. Part V describes a specific episode of Seinfeld and illustrates the consequences of parties' refusal to reach mutually satisfactory resolutions, the need for mediation to resolve highly contentious disputes, and the inadequacy of the legal system to provide an …
The Funny Thing About Mediation: A Rationale For The Use Of Humor In Mediation, Whitney Meers
The Funny Thing About Mediation: A Rationale For The Use Of Humor In Mediation, Whitney Meers
Cardozo Journal of Conflict Resolution
This Note will show that, because of the lack of scholarly research addressing the use of humor in mediation, general perceptions about the legal profession, and current perceptions about the use of humor in mediation, some mediators shy away from using humor in their practice because they do not fully understand when to use it and how to embrace it. While there are significant risks to consider when assessing whether humor is appropriate for a particular mediation, this Note seeks to identify some of the benefits of using humor in practice. It offers a rationale for the use of humor …
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang
Cardozo Law Review
As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen
Cardozo Public Law, Policy & Ethics Journal
The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …
"Imminent Danger" And Inconsistency: The Need For National Reform Of The "Imminent Danger" Standard For Involuntary Civil Commitment In The Wake Of The Virginia Tech Tragedy, Alison Pfeffer
Cardozo Law Review
No abstract provided.
The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein
The Role Of Judges In A Government Of, By, And For The People: Notes For The Fifty-Eighth Cardozo Lecture, Jack B. Weinstein
Cardozo Law Review
No abstract provided.
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk
Articles
Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however; make decisions based on private costs and benefits, not social costs and …
The Simpsons, 24, And The Law: How Homer Simpson And Jack Bauer Influence Congressional Lawmaking And Judicial Reasoning, Steven Keslowitz
The Simpsons, 24, And The Law: How Homer Simpson And Jack Bauer Influence Congressional Lawmaking And Judicial Reasoning, Steven Keslowitz
Cardozo Law Review
No abstract provided.
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Detecting Lies Using Demeanor, Bias, And Context, Max Minzner
Cardozo Law Review
No abstract provided.
If It Be Not Now, David Lichtenstein
Let My People Go: Human Capital Investment And Community Capacity Building Via Meta/Regulation In A Deliberative Democracy-A Modest Contribution For Criminal Law And Restorative Justice, Bruce P. Archibald
Cardozo Journal of International and Comparative Law
The article explores the integration of restorative justice within Canada's criminal justice system, emphasizing its potential to enhance human capital development and community capacity through deliberative democratic processes. It argues that restorative justice offers a more effective and responsive approach compared to traditional punitive measures, which often fail to address the root causes of crime and may even exacerbate recidivism. By examining the Nova Scotia Restorative Justice Program as a model, the analysis highlights the benefits of combining restorative practices with formal criminal justice systems, advocating for a shift towards more inclusive and rehabilitative approaches to crime.
The Nature Of The Event In Late Capitalism, Renata Salecl
The Nature Of The Event In Late Capitalism, Renata Salecl
Cardozo Law Review
No abstract provided.
Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg
Stray Remarks And Mixed-Motive Cases After Desert Palace V. Costa: A Proximity Test For Determining Minimal Causation, Ezra S. Greenberg
Cardozo Law Review
No abstract provided.
The Psychic Life Of Denial, Susan Derwin
The Psychic Life Of Denial, Susan Derwin
Cardozo Journal of Conflict Resolution
Holocaust deniers have an investment in taking a defensive stance. Theodor Adorno noted that to haggle about how many millions of innocent people were murdered in the Holocaust is degrading. Haggling about numbers is central to holocaust denial. Deborah Lipstadt's investigation of the nuances and varieties of deniers' claims across cultures makes it evident that, whatever their political or ideological objectives, deniers undertake their haggling in response to what they perceive to be an aggressive manipulation of history. Deniers charge that the manipulators are the Jews, who have inflated the number of Jewish deaths during World War II to garner …
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Cardozo Law Review
No abstract provided.
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
The Suburb As A Legal Concept: The Problem Of Organization And The Fate Of Municipalities In American Law, Kenneth A. Stahl
Cardozo Law Review
No abstract provided.
Assessing Interest Groups: A Playing Field Approach, Paul J. Stancil
Assessing Interest Groups: A Playing Field Approach, Paul J. Stancil
Cardozo Law Review
No abstract provided.
Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith
Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith
Cardozo Journal of Equal Rights & Social Justice
The article presents a longitudinal study of Yale Law School graduates from 1970 to 1999, analyzing their career paths, job satisfaction, and gender differences in professional experiences. It highlights the prevalence of career transitions, with many graduates moving from private practice to academia, government, or public interest roles. The study reveals significant gender disparities in job satisfaction and work-life balance, while challenging common assumptions about legal careers, such as the notion that women abandon private practice more frequently than men. The analysis underscores the importance of understanding career dynamics to improve support systems for law graduates.
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Mitigating Disaster: A Communitarian Response, Robert M. Ackerman
Cardozo Journal of Conflict Resolution
In this essay, I present a communitarian view as to how we might best respond to disaster, and in particular, to losses suffered by the direct victims of disaster. My focus will be on financial compensation to disaster victims, which admittedly occupies only a small part of the spectrum of disaster response. Emergency "first responder" activities are matters about which I have no expertise; volunteering at my local food bank hardly qualifies me to advise FEMA or the Red Cross. The blunders for which these organizations have recently been responsible are apparent, and so are some of their causes, but …
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai
Cardozo Journal of Conflict Resolution
This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.
Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi
Cardozo Journal of Conflict Resolution
This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.