Law and Society Commons^™

The Promise And Perils Of "Our" Justice: Psychological, Critical And Economic Perspectives On Communities And Prejudices In Mediation, Clark Freshman

Cardozo Journal of Conflict Resolution

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

Swimming In The Deep End: Dealing With Justice In Mediation, Jonathan M. Hyman

Cardozo Journal of Conflict Resolution

Justice is a troublesome issue for mediators. It is not their role to decide who was right and who was wrong. Mediators have no authority to determine if a resolution is fair or just. That role and that authority are reserved for judges, juries, and arbitrators. But if mediators should not decide what is fair and just, why should they even think about those matters? Even learning only what the parties deem fair or unfair about past actions, or what is just or unjust about pending settlement proposals, without trying to impose any "correct" outcome, would leave the mediator with …

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

Articles

No abstract provided.

Hegel's Theory Of Measure, David Gray Carlson

Cardozo Law Review

No abstract provided.

Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng

Cardozo Law Review

No abstract provided.

Lacan And The Discourse Of Science In Law, David S. Caudill

Cardozo Law Review

No abstract provided.

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David Gray Carlson

Cardozo Law Review

No abstract provided.

Digital Propertization Of The New Artifacts: The Application Of Technologies For "Soft" Representations Of The Physical And Metaphysical, Mark Perry

Cardozo Journal of International and Comparative Law

The article explores how digital technology is revolutionizing the representation and ownership of artifacts, complicating traditional notions of intellectual property and cultural preservation. It argues that high-quality digital reproductions, such as MP3 files and digital images, challenge existing legal frameworks, highlighting the need for more flexible and culturally sensitive approaches to intellectual property rights.

The Hidden Virtue Of Antitakeover Defenses, Sharon Hannes

Cardozo Law Review

Although corporate takeover literature discusses the pros and cons of takeover defenses quite thoroughly, it fails to explain the wide divergence in actual takeover practices. Recent empirical studies reveal that while some IPO stage firms do not adopt defenses, a significant number use a variety of antitakeover strategies (Daines & Klausner 2001, Coates 2000 and Field & Karpoff 2000). Moreover, none of the tests conducted in these studies revealed any relevant difference between adopting and non-adopting firms.

The purpose of this Article is to shed light on the findings of these empirical studies, while demonstrating that there may even be …

Law's Non-Existent Empire, Jeanne L. Schroeder, David G. Carlson

Articles

The article critiques Pierre Schlag's normative legal thought, arguing that while his descriptive critique of law as a fiction is accurate, his normative proposal to abolish law is contradictory and flawed. By incorporating Lacanian psychoanalysis, the authors contend that law, as part of the symbolic order, is constitutive of subjectivity and cannot be abolished. They propose that legal scholarship should instead focus on exposing law's role in shaping subjectivity rather than seeking to eliminate it. The analysis emphasizes that law, like language, is an intersubjective system sustained by collective belief, despite lacking a concrete foundation.

Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

Moving Away From The Rule Of Law: Military Tribunals, Executive Detentions And Torture, Michael Ratner

Cardozo Law Review

No abstract provided.

In Schultz We Trust: The Future Of Criminal Prosecution For Importers Of Illicit Cultural Property Under The National Stolen Property Act, Robert S. Schwartz

Cardozo Journal of International and Comparative Law

The National Stolen Property Act (NSPA) is a cornerstone in prosecuting individuals involved in the illegal trade of cultural property, though its effectiveness is constrained by the requirement that source countries nationalize ownership of their cultural heritage. The Cultural Property Implementation Act (CPIA), as the U.S. implementation of the 1970 UNESCO Convention, introduces a certification system and criminal penalties for document falsification, potentially overlapping with the NSPA. The interplay between these laws, particularly in cases like *United States v. McClain* and *United States v. Schultz*, shapes the future of criminal prosecutions in cultural property cases, emphasizing the need to address …

Friedrich Nietzsche, The Code Of Manu, And The Art Of Legislation, Roger Berkowitz

Cardozo Law Review

No abstract provided.

Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng

Cardozo Law Review

No abstract provided.

Limits Of Tolerance: Law And Religion After The Anti-Christ, Marie Ashe

Cardozo Law Review

No abstract provided.

Nietzsche And Socrates / Or The Spirit Of The Devil And The Law, Anthony Carty

Cardozo Law Review

No abstract provided.

Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden

Cardozo Law Review

No abstract provided.

Nietzsche's Gnosis Of Law, Frederick M. Dolan

Cardozo Law Review

No abstract provided.

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Cardozo Law Review

No abstract provided.

The New Labor Market For Lawyers: Will Female Lawyers Still Earn Less?, Joni Hersch

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender pay gap in the legal profession, despite women's increased representation, and identifies key factors contributing to this disparity. It highlights how structural and societal factors, such as work hours, family responsibilities, and discrimination, play significant roles. The analysis suggests that while younger cohorts show signs of narrowing the gap, systemic barriers and biases continue to affect women's earnings and career advancement. The study underscores the need for policies addressing these inequities to ensure equal opportunities and pay.

Nietzsche Between Jews And Jurists: A Note On The Christian Filiation Of The Anti-Christ, Anton Schütz

Cardozo Law Review

No abstract provided.

Changing Legal Consciousness In America: The View From The Joke Corpus, Marc Galanter

Cardozo Law Review

No abstract provided.

Hegel's Theory Of Quantity, David Gray Carlson

Cardozo Law Review

No abstract provided.

The Importance Of Diversity In The Legal Profession, Eric H. Holder Jr.

Cardozo Law Review

No abstract provided.

Do Attorneys Really Matter? The Empirical And Legal Case For The Right Of Counsel At Bail, Douglas L. Colbert, Ray Paternoster, Shawn Bushway

Cardozo Law Review

No abstract provided.

Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton

Articles

No abstract provided.

U.S. Industries, Trade Associations, And Intellectual Property Lawmaking, Geralyn Ritter

Cardozo Journal of International and Comparative Law

The article argues that the U.S. trade policymaking process is an open, inclusive system where diverse voices—including NGOs and consumer groups—meaningfully influence outcomes. It rejects the notion that intellectual property (IP) policy is driven solely by corporate interests, asserting instead that strong IP protections benefit both industry and consumers by fostering economic growth.

Our Supermajoritarian Constitution, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Cardozo Law Review

No abstract provided.