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Articles 361 - 390 of 652
Full-Text Articles in Law and Society
Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler
Reinventing Eugenics: Reproductive Choice And Law Reform After World War Ii, Mary Ziegler
Cardozo Journal of Equal Rights & Social Justice
The article argues that eugenic ideologies did not disappear from American law after World War II but instead evolved and were repackaged in response to shifting political and social norms. While the association with Nazi practices led to the decline of overtly coercive eugenic laws, eugenic principles persisted through new strategies, such as voluntary sterilization and population control initiatives. The article contends that the concept of reproductive choice became a key tool for redefining eugenic goals, allowing them to influence law and policy in more subtle ways.
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Lesbian, Gay, Bisexual, And Transgender Youth In The Juvenile Justice System: Incorporating Sexual Orientation And Gender Identity Into The Rehabilitative Process, Heather Squatriglia
Cardozo Journal of Equal Rights & Social Justice
The note argues that the juvenile justice system must integrate the sexual orientation and gender identity of LGBT youth into their rehabilitative process. It emphasizes that these youth face unique challenges, including harassment, rejection, and discrimination, which often lead to their involvement in the juvenile justice system. The system's failure to address these issues undermines its rehabilitative goals, necessitating specialized programming and support to ensure these youth can develop into healthy, contributing adults.
Beyond Intention, Kimberly Kessler Ferzan
Sustainability Meets Profitability: The Convenient Truth Of How The Business Judgment Rule Protects A Board's Decision To Engage In Social Entrepreneurship, Janet E. Kerr
Cardozo Law Review
No abstract provided.
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
Cardozo Law Review
No abstract provided.
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
The Act Requirement As A Basic Concept Of Criminal Law, Francisco Muñoz-Conde, Luis Ernesto Chiesa
Cardozo Law Review
No abstract provided.
The Group Dynamics Theory Of Executive Compensation, Michael B. Dorff
The Group Dynamics Theory Of Executive Compensation, Michael B. Dorff
Cardozo Law Review
No abstract provided.
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Cardozo Law Review
No abstract provided.
Federalism And False Claims, Pamela H. Bucy
Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix
Negotiated Shame: An Inquiry Into The Efficacy Of Settlement In Imposing Publicity Sanctions On Corporations, Joshua Andrix
Cardozo Law Review
No abstract provided.
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Restorative Justice As Internalization Of The Rule Of Law: Combining Restoration With Retribution In The Film Festen, Michal Alberstein
Cardozo Journal of Conflict Resolution
In this paper, I will use a film analysis to explore the potential of restorative justice processes as a more comprehensive, mature approach to the phenomenon of crime. By following the microlevel transformations within the family trial/victim-offender mediation in the film, I will try to develop a notion of law that incorporates the retributive elements into a broader framework of restoration and amendment. I will use cultural analysis as a foundation for the theoretical argument and also offer an "appropriate justice," inter-cultural formula for addressing crime in a comprehensive manner.
Primetime Crimes: Are Reality Television Programs "Illegal Contests" In Violation Of Federal Law, Kimberlianne Podlas
Primetime Crimes: Are Reality Television Programs "Illegal Contests" In Violation Of Federal Law, Kimberlianne Podlas
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci
Articles
No abstract provided.
Judicial Selection As It Relates To Gender Equality On The Bench, Adam Goldstein
Judicial Selection As It Relates To Gender Equality On The Bench, Adam Goldstein
Cardozo Journal of Equal Rights & Social Justice
The note examines the relationship between judicial selection methods and gender equality on the bench, arguing that merit selection does not necessarily lead to greater gender diversity compared to other methods like appointments or elections. Despite claims that merit-based systems promote diversity, empirical evidence suggests that elected judges may achieve comparable or greater gender representation.
The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel
The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel
Cardozo Journal of Conflict Resolution
In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …
The Safety Net Revisited? The Continuing Impact Of Welfare Reform In New York City And Nationwide, Laura R. Goldin
The Safety Net Revisited? The Continuing Impact Of Welfare Reform In New York City And Nationwide, Laura R. Goldin
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Friday Night 'Lite': How De-Racialization In The Motion Picture Friday Night Lights Disserves The Movement To Eradicate Racial Discrimination From American Sport, N. Jeremi Duru
Cardozo Arts & Entertainment Law Journal
No abstract provided.
States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.
States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.
Cardozo Law Review
No abstract provided.
Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam E. Gilles, Gary B. Friedman
Exploding The Class Action Agency Costs Myth: The Social Utility Of Entrepreneurial Lawyers, Myriam E. Gilles, Gary B. Friedman
Articles
In this article, we challenge the traditional view that entrepreneurial plaintiffs' class action lawyers operating entirely according to their own economic self-interest serve no social utility, or worse yet, tremendous disutility. In seeking to counter this notion, we try to show that the agency costs problem long derided in class action practice is overblown: in the majority of small-claims class actions, there is no legitimate reason to care whether class members are being undercompensated (or compensated at all), nor any reason to worry that entrepreneurial lawyers are being overcompensated. Rather, we assert that the driving force behind class action practice …
Assessing The Rule Of Law In Russia, Kathryn Hendley
Assessing The Rule Of Law In Russia, Kathryn Hendley
Cardozo Journal of International and Comparative Law
The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …
Rabbinic Contestations Of Authority, Christine Hayes
Rabbinic Contestations Of Authority, Christine Hayes
Cardozo Law Review
No abstract provided.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Cardozo Law Review
No abstract provided.
Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder
Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder
Articles
The article challenges the common misconception that Hegel's legal philosophy supports the romantic view of intellectual property as an extension of personality or natural right. Instead, it argues that Hegel's framework, rooted in the concept of "abstract right," views property, including intellectual property, as a legal construct created to facilitate freedom and legal subjectivity. The analysis emphasizes the pragmatic and utilitarian aspects of adopting intellectual property regimes within a modern constitutional republic, while rejecting the notion of natural law and highlighting the realization of property rights through alienation and contract.
Dworkin In The Desert Of The Real, David G. Carlson
Dworkin In The Desert Of The Real, David G. Carlson
Articles
The article critically examines Ronald Dworkin's jurisprudence, particularly his theory of right answers, and defends it against critiques that his approach to law and language creates an unbridgeable gap between theory and practice. Dworkin's central argument is that law has an essence that judges must discover through reflective equilibrium, emphasizing the incommensurability between the judge's act and the symbolic order of law. While critics argue that this approach leads to nihilism, Dworkin counters by asserting that conventionalists are contradictory and that justice, as a decision, necessarily transgresses the domain of law.
Introduction, Barry Scheck
Introduction, Barry Scheck
Cardozo Public Law, Policy & Ethics Journal
The symposium aims to reform eyewitness identification procedures by fostering dialogue between law enforcement, social scientists, and legal experts. It seeks to address the high rates of mistaken identifications and improve the accuracy and reliability of eyewitness testimony through scientific research and practical implementations. The event highlights the human impact of wrongful convictions and explores evidence-based solutions to prevent such injustices.
A Sample Of Witness, Crime, And Perpetrator Characteristics Affecting Eyewitness Identification Accuracy, Brian L. Cutler
A Sample Of Witness, Crime, And Perpetrator Characteristics Affecting Eyewitness Identification Accuracy, Brian L. Cutler
Cardozo Public Law, Policy & Ethics Journal
The article examines the impact of estimator variables on eyewitness identification accuracy, focusing on six key factors: own-race bias, exposure duration, masking of hair and hairline cues, weapon focus, eyewitness stress, and passage of time. It argues that these variables significantly influence identification accuracy and are not merely matters of common sense, emphasizing the need for expert testimony and education for legal professionals.
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Cardozo Public Law, Policy & Ethics Journal
Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
Cardozo Law Review
No abstract provided.
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
Cardozo Law Review
No abstract provided.