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Yeshiva University, Cardozo School of Law

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Articles 421 - 450 of 652

Full-Text Articles in Law and Society

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash Jan 2005

From Lavender To Purple: Privacy, Black Women, And Feminist Legal Theory, Jennifer C. Nash

Cardozo Journal of Equal Rights & Social Justice

The article critiques traditional feminist legal theory for its narrow view of privacy as inherently oppressive, particularly for women of color. It argues that privacy can be a source of empowerment and safety for Black women, challenging the one-size-fits-all approach of mainstream feminist theory. The author advocates for a more nuanced, intersectional perspective that considers how privacy affects different groups differently.

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The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman Jan 2005

The Concept Of Justice In Mediation: A Psychobiography, Ellen Waldman

Cardozo Journal of Conflict Resolution

Discussions of what justice means in mediation have a dialectical quality to them. At various points in the field's history, the notion that justice in mediation consists of fully maximized disputant self-determination holds sway. At other historical moments, a tentative consensus appears to recognize that justice in mediation requires normative content independent of the disputants' beliefs and values.

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Human Rights And The Critique Of The Common Law, David Campbell Jan 2005

Human Rights And The Critique Of The Common Law, David Campbell

Cardozo Law Review

No abstract provided.

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Hegel's Logic Of Freedom, William Maker Dec 2004

Hegel's Logic Of Freedom, William Maker

Cardozo Public Law, Policy & Ethics Journal

The article explores Hegel's conception of logic as a system where freedom is both the method and the content, enabling the achievement of absolute truth. It argues that Hegel's logic is not merely a formal exercise but is deeply rooted in content, leading to the realization of truth as freedom.

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The System Of Syllogism, Richard Dien Winfield Dec 2004

The System Of Syllogism, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Hegel's Science Of Logic In An Analytic Mode, Clark Butler Dec 2004

Hegel's Science Of Logic In An Analytic Mode, Clark Butler

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Why Are There Four Hegelian Judgments?, David G. Carlson Dec 2004

Why Are There Four Hegelian Judgments?, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

The article explores why Hegel's philosophy, typically structured in triads, includes four judgments instead of three. It argues that the four judgments—existence, reflection, necessity, and notion—are necessary to account for the external reflection or "silent fourth," a hidden element influencing the system. This structure deviates from Hegel's usual triadic approach to incorporate an essential mediator, crucial for his logical framework.

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Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson Dec 2004

Symposium Introduction: Hegel's Logic Of The Concept, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace Dec 2004

Hegel's Refutation Of Rational Egoism, In True Infinity And The Idea, Robert M. Wallace

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo Dec 2004

The End Of Hegel's Logic: Absolute Idea As Absolute Method, Angelica Nuzzo

Cardozo Public Law, Policy & Ethics Journal

The article examines the conclusion of Hegel's Wissenschaft der Logik, focusing on the transition from the absolute idea to the absolute method. It argues that the absolute method is not merely the culmination of the logical process but is essential for establishing the speculative science of logic, which underpins Hegel's philosophical system. The absolute method rescues the logical development from non-dialectical thinking, providing a synoptic reconstruction that justifies the necessity of the system and leads to Realphilosophie.

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The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson Dec 2004

The Antepenultimacy Of The Beginning In Hegel's Science Of Logic, David G. Carlson

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein Oct 2004

Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein

Articles

Proposals to amend the Constitution to prohibit same-sex marriage were recently actively discussed and voted on in the U.S. Congress. This Article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By tracing the arguments made in support of these amendments, this …

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China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan Jul 2004

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.

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Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne Jul 2004

Law, Terrorism, And Social Movements: The Tension Between Politics And Security In Germany's Anti-Terrorism Legislation, Shawn Boyne

Cardozo Journal of International and Comparative Law

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger …

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The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein May 2004

The Death Penalty: Conceptual And Empirical Issues, Jason Borenstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that the death penalty in the United States is plagued by significant conceptual and empirical flaws, particularly regarding its reliability and fairness. The author advocates for a moratorium on the death penalty until these issues are addressed, emphasizing the risk of executing innocent individuals and the lack of sufficient safeguards in capital proceedings. While not calling for outright abolition, the article contends that the current system is too flawed to continue without substantial reforms.

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The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru Mar 2004

The Central Park Five, The Scottsboro Boys, And The Myth Of The Bestial Black Man, N. Jeremi Duru

Cardozo Law Review

No abstract provided.

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Private Protection Of Patentable Goods, Jonathan M. Barnett Mar 2004

Private Protection Of Patentable Goods, Jonathan M. Barnett

Cardozo Law Review

No abstract provided.

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Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Christopher L. Sagers Mar 2004

Antitrust Immunity And Standard Setting Organizations: A Case Study In The Public-Private Distinction, Christopher L. Sagers

Cardozo Law Review

No abstract provided.

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A Thin Line Between Concurrence And Dissent: Rehabilitating Sex Offenders In The Wake Of Mckune V. Lile, Seth A. Grossman Feb 2004

A Thin Line Between Concurrence And Dissent: Rehabilitating Sex Offenders In The Wake Of Mckune V. Lile, Seth A. Grossman

Cardozo Law Review

No abstract provided.

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Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben Jan 2004

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …

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San Diego Moveable Feast: Competition In Cooperation-Building, Christopher Honeyman, Ellen A. Waldman Jan 2004

San Diego Moveable Feast: Competition In Cooperation-Building, Christopher Honeyman, Ellen A. Waldman

Cardozo Journal of Conflict Resolution

Local boosters refer to San Diego as "America's Finest City." This, of course, is an invitation to skepticism. Likewise, the strong culture of dispute resolution created by San Diego invites a closer look.

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A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem Jan 2004

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

Articles

This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

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Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein Jan 2004

Past And Present Proposed Amendments To The United States Constitution Regarding Marriage, Edward D. Stein

Articles

Proposals to amend the Constitution to prohibit same-sex marriages were recently actively discussed in the U.S. Senate and are likely to receive attention in the House before the year's end. This article situates arguments for these proposals within the history of attempts to amend the Constitution related to marriage by providing the first detailed, synthetic analysis of such previously proposed amendments. This examination reveals 133 previously proposed amendments to the Constitution relating to marriage, consisting primarily of proposals to prohibit interracial marriage, proposals to prohibit polygamy, and proposals to empower Congress to make uniform laws concerning marriage and divorce. By …

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Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton Jan 2004

Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton

Articles

No abstract provided.

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The Immense Rumor, Peter Goodrich Jan 2004

The Immense Rumor, Peter Goodrich

Articles

The article explores the intersection of friendship and law, particularly through the lens of Jacques Derrida's theory, which posits that the concept of friendship is inherently paradoxical and shaped by legal and theological frameworks. Derrida argues that the "immense rumor" of friendship reflects a historical inability to articulate amity publicly, leading to a repression of friendship in the public sphere. This repression is rooted in the humanist tradition, which draws from Graeco-Roman and Judeo-Christian influences, emphasizing the primacy of political or communal bonds over individual friendships. The analysis reveals that legal discourses have imposed prohibitions on the role of friendship, …

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The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton Jan 2004

The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton

Articles

No abstract provided.

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The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr Jan 2004

The Shag-A-Delic Supreme Court: "Anal Sex," "Mystery," "Destiny," And The "Transcendent" In Lawrence V. Texas, Richard D. Mohr

Cardozo Journal of Equal Rights & Social Justice

The article critiques Justice Anthony Kennedy's majority opinion in Lawrence v. Texas for its lack of clarity and robust constitutional framework. While the decision overturned Texas's sodomy law, the author argues that Kennedy's reasoning conflated liberty and equality rights, relied on vague language, and failed to establish a clear legal standard, undermining its potential to provide strong protection for LGBTQ+ rights.

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The Missing Word In Lawrence V. Texas, Ruthann Robson Jan 2004

The Missing Word In Lawrence V. Texas, Ruthann Robson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.

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In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris Jan 2004

In Opposition To The Proposed Media Marketing Accountability Act Of 2001, Angela M. Papalaskaris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Preface To The Justice In Mediation Symposium, Lela Love Jan 2004

Preface To The Justice In Mediation Symposium, Lela Love

Cardozo Journal of Conflict Resolution

On March 12, 2004, the Benjamin N. Cardozo School of Law held a symposium on Justice in Mediation. The papers below represent the first group of articles emanating from that event. More articles will follow in the next issue of the Cardozo Journal of Conflict Resolution.

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