Law and Society Commons^™

Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson

Cardozo Law Review

This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …

Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson

Cardozo Journal of Conflict Resolution

Even an adept negotiator can be baffled by cultural differences. When a negotiation reaches an impasse because of an unfamiliar cultural interest or a miscommunication between the parties due to different styles of communicating, negotiating, or decisionmaking, the negotiator might find it helpful to enlist assistance from a culturally-trained and culturally-appropriate mediator. This Article considers how such a third party can help you, as a negotiator, bridge cultural differences. It considers when to seek aid from a mediator, what the credentials of the mediator ought to be, and the impact of the mediator's approach on the way you represent your …

Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider

Cardozo Journal of Conflict Resolution

In the aftermath of the Cold War, there was a general belief that the demise of the major ideological drivers of conflict between East and West would bring about a major reduction in armed conflict. Then, all were stunned by the appearance of seemingly endless ethnic, religious and resource-driven civil conflicts in the 1990s, particularly the horrors of genocide in Rwanda, Srbrenica and Kosovo and the recurring and devastating conflicts in Central and West Africa. In this first decade of the 21st century, conflicts raged in the Congo and Northern Uganda, and massive atrocities have been documented in Darfur. We …

Public Law Limitations On Privatization Of Government Functions, Paul R. Verkuil

Articles

The privatization movement is on the verge of succeeding too well. The fact that some of what government does can be done better and cheaper by the private sector has gained such momentum that the public sector is sometimes seen as redundant or irrelevant. But the economist's make-or-buy choice simply fails to capture the full range of responsibilities that government faces in deciding whether to outsource a particular function to private contractors.

This Article illuminates the public dimension of government functions. By exploring the public-private distinction and relating it to constitutional, statutory, and administrative requirements, it structures an argument that …

Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki

Cardozo Journal of Conflict Resolution

Any lawyer knows that words and language are important. A single word can derail a painstakingly written contract; the characterization of a would-be killer as a victim framed by racist police officers, rather than a jealous husband, can change the outcome of a case. Yet like many maxims, this important lesson is often forgotten when one is not confronted with the direct principles of words and language. Moreover, even most lawyers do not fully understand how to appropriately utilize the language tools that can change outcomes: myopically focusing on specific issues or characterizations rather than the overall conceptual frames.

The Great Mall Of China: Should The United States Restrict Importation Of Chinese Cultural Property?, Inbal Baum

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché

Cardozo Law Review

No abstract provided.

Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand

Cardozo Law Review

No abstract provided.

The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken

Cardozo Law Review

No abstract provided.

Whose Ownership? Which Society?, Robert Hockett

Cardozo Law Review

No abstract provided.

Numerical Comparative Law: Do We Need Statistical Evidence In Law In Order To Reduce Complexity?, Mathias M. Siems

Cardozo Journal of International and Comparative Law

The article explores the use of numerical methods in comparative law, questioning whether statistical approaches can effectively simplify legal complexity without oversimplification. It examines both the potential benefits and drawbacks of quantifying legal systems, arguing that while numerical methods can enhance practical utility, they must be used cautiously to avoid neglecting legal complexity and contextual factors.

Globalization & Law: Beyond Traditional Methodology Of Comparative Legal Studies And An Example From Private International Law, Fabio Morosini

Cardozo Journal of International and Comparative Law

The article explores the impact of globalization on comparative legal studies and private international law, arguing that traditional methodologies in comparative law must evolve to address the challenges posed by globalization. It emphasizes the need for interdisciplinary approaches, particularly incorporating economic analysis, to better understand and adapt to the changing legal landscape. The analysis focuses on the European Union as a case study, demonstrating how European Community law influences the private international law of its member states and advocating for methodological innovations to maintain the relevance of comparative legal studies in a globalized world.

In Praise Of Richard Weisberg And Engaged Scholarship, Sanford Levinson

Cardozo Law Review

No abstract provided.

Remarks On Robert Dahl's How Democratic Is The American Constitution?, John P. Mccormick

Cardozo Law Review

No abstract provided.

Body And Soul Under The Law, And The Response From Law And Literature In Bartleby, The Scrivener And Billy Budd, Sailor, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

Robert Dahl's How Democratic Is The American Constitution?: An Introduction, With Notes On The Electoral College, Michael Herz

Cardozo Law Review

No abstract provided.

The Enemy Has No Future: Figure Of The >Political, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

Plessy, Brown, And Grutter: A Play In Three Acts, Jack M. Balkin

Cardozo Law Review

No abstract provided.

Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port

Cardozo Journal of International and Comparative Law

The article argues that Article 9 of the Japanese Constitution was originally intended to prevent Japan from maintaining any military forces, whether for offensive or defensive purposes. Despite this, Japan now has the fourth-largest military in the world, creating a contradiction between the Constitution's intent and current reality. The article contends that the Self-Defense Forces (SDF) are unconstitutional and proposes converting them into a disaster relief organization to align with the original pacifist vision of Article 9.

Under-Intervention Versus Over-Intervention, Elizabeth Bartholet

Cardozo Public Law, Policy & Ethics Journal

The article argues that the U.S. child protection system is characterized by under-intervention, failing to adequately protect children from abuse and neglect while also neglecting to provide sufficient support to families. The author advocates for a more interventionist approach, emphasizing both early support for families and the removal of children from dangerous environments when necessary. This stance contrasts with other countries, such as those adhering to the United Nations Convention on the Rights of the Child, which places greater responsibility on the state to protect children. The author also highlights systemic issues of racial and socioeconomic disparities in foster care …

Reconceiving The Firm, Reza Dibadj

Cardozo Law Review

Despite their seemingly sophisticated economics, existing theories of the firm have made for poor public policy, as witnessed by recurrent crises in corporate governance. This Article identifies and begins to remedy this gap. It argues that to make sense of organizational behavior, the firm needs to be reconceptualized as an entity that evolves norms within a social construct.

Orthodox economic models of the firm remain focused on microanalytic equilibria drawn from assumptions of rationality. Institutional economics persists in erroneously modeling the firm as a series of efficient contracts. Behavioral economics treats the individual, not the firm, as the unit of …

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.

Worries In A Limitless World, Renata Salecl

Cardozo Law Review

No abstract provided.

The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert Hockett

Cardozo Law Review

No abstract provided.

Water Versus Objects: Reproduction Or Dissemination - How Did Pop Music Become Ubiquitous?, Diedrich Diederichsen

Cardozo Law Review

No abstract provided.

The Loss Of Critique And The Critique Of Violence, Ariella Azoulay

Cardozo Law Review

No abstract provided.

Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, Terry H. Kang

Articles

[According to the authors of this article, the growing unhappiness of lawyers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or "prudence") and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games....

This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the …

Merit Vs. Ideology, Michael J. Gerhardt

Cardozo Law Review

No abstract provided.

The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista

Cardozo Journal of Equal Rights & Social Justice

The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.