Law and Society Commons^™

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

Articles

No abstract provided.

White-Collar Cooperators: The Government In Employer-Employee Relationships, Ellen S. Podgor

Cardozo Law Review

No abstract provided.

Inequality In The Digital Society: Why The Digital Divide Deserves All The Attention It Gets, Mark N. Cooper

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Distant Drumbeat: Why The Law Still Matters In The Information Era, Marci A. Hamilton

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Digital Divide In The New Millennium, Allen S. Hammond

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ambiguity And Income Taxation, Terrence R. Chorvat

Cardozo Law Review

No abstract provided.

System And Lifeworld In Habermas's Theory Of Law, Hugh Baxter

Cardozo Law Review

Jürgen Habermas's recent work on law and democracy divides into two parts. With his "discourse theory of law and democracy," Habermas seeks to explain the conditions under which modern constitutional legal and political orders may claim legitimacy. Here Habermas's method is primarily philosophical and legal-theoretical. The second part of the project - the part on which this article focuses - develops what Habermas calls his "communication theory of society." Here Habermas seeks to "translate" the normative conclusions of his discourse theory into a substantive social-theoretical model. The idea is to determine whether the ambitious normative theory of democracy is plausible …

Evaluating The Sex Discrimination Argument For Lesbian And Gay Rights, Edward D. Stein

Articles

The sex discrimination argument for lesbian and gay rights analyzes laws that discriminate on the basis of sexual orientation in terms of sex discrimination. For example, sodomy laws that prohibit only same-sex sexual activities are analyzed as discriminating on the basis of sex because they prohibit women from doing something men are permitted to do, that is, have sex with women. This argument has been championed by some scholars and litigators, and it has persuaded some judges. Edward Stein shows that there are sociological, theoretical, moral, and practical problems facing the sex discrimination argument. He suggests that there are better …

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

Articles

This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …

The Symbiosis Of Constitutionalism And Technology, John O. Mcginnis

Articles

Technology does not change the essential problems that constitutionalism seeks to address because these problems are rooted in the enduring nature of man. Technological change, however, can transform man's environment. A different environment, in turn, may require substantially modified forms of constitutionalism even if the underlying objectives remain constant. As the great political philosopher Edmund Burke recognized, the key to sound structures of governance in every age and place is to understand the intersection of man's enduring nature with his particular circumstances. Because technology increasingly shapes the circumstances of modem man, technology is becoming progressively more important to constitutionalism.

Decision Analysis And Law, Ronald A. Howard

Cardozo Law Review

No abstract provided.

Explaining Relevance, Paolo Garbolino

Cardozo Law Review

No abstract provided.

Action And Procedure In Reasoning, Johan Van Benthem

Cardozo Law Review

No abstract provided.

The Perceived Values Of Diversity, Then And Now, Peter H. Schuck

Cardozo Law Review

No abstract provided.

Logical Argumentation, Abduction And Bayesian Decision Theory: A Bayesian Approach To Logical Arguments And Its Application To Legal Evidential Reasoning, David Poole

Cardozo Law Review

There are good normative arguments for using Bayesian decision theory for deciding what to do. However, there are also good arguments for using logic where we want formal semantics for a language, and where we want to use the structure of logical argumentation with logical variables to represent multiple individuals (things). This Article shows how decision theory and logical argumentation can be combined into a coherent framework. The Independent Choice Logic ("ICL") can be viewed as a first-order representation of belief networks with conditional probability tables represented as first-order rules, or as a abductive/argument-based logic with probabilities over assumables. Intuitively …

Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton

Articles

No abstract provided.

Representational Standing: U.S. Ex Rel. Stevens And The Future Of Public Law Litigation, Myriam E. Gilles

Articles

In May 2000, the Supreme Court handed down its decision in Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, a seemingly predictable 11th Amendment case. In upholding the plaintiff's Article III standing to bring that case, however, the Court suggested a theory of "representational standing" that holds the potential to radically transform the entire body of law governing the ability of private citizens to seek, through the federal courts, the vindication of broadly-held public interests.

Over the past 30 years, the Court's increasingly restrictive standing jurisprudence has effectively precluded private citizens from playing a meaningful role in public …

Law, Economics, And The Skeleton Of Value Fallacy, Kyron Huigens

Articles

Experiments in the last decade or so have demonstrated persistent failures on the part of ordinary individuals rationally to pursue self-interest. The experiments pose serious challenges to economics, rational choice theory, and the law and economics school. Some experiments, for example, suggest an "endowment effect", that contradicts the Coase Theorem; the notion that, in the absence of transaction costs, goods will find their most efficient distribution regardless of their initial assignment. Cass Sunstein has collected a set of essays by economists and legal scholars exploring these challenges, in a volume entitled Behavioral Law and Economics.

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.

The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron

Cardozo Law Review

No abstract provided.

The Braided Uproar: A Defense Of My Sister's Hair And A Contemporary Indictment Of Rogers V. American Airlines, Michelle L. Turner

Cardozo Journal of Equal Rights & Social Justice

The article examines the discriminatory impact of employer-mandated grooming policies, particularly those prohibiting braided hairstyles, on Black women, using the case of Renee Rogers v. American Airlines as a focal point. It critiques the court's dismissal of Rogers' claims, arguing that such policies reflect systemic racism and sexism embedded in White beauty norms. The author advocates for legal reforms, including amending Title VII to recognize intersecting race and gender discrimination, and adopting a pluralist approach to cultural expression in the workplace.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.

"The Verdict" Is In: The Civic Implications Of Civil Trials, Richard H. Weisberg

Articles

The article argues that civil trials have become central to American civic imagination, reflecting broader societal values and conflicts. Despite current negative portrayals of plaintiffs' lawyers, the cultural narrative of the heroic lawyer fighting against powerful institutions persists, influenced by popular media and historical legal traditions.

Hegel's Theory Of Quality, David Gray Carlson

Cardozo Law Review

No abstract provided.

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.

Rulemaking, Michael Herz

Articles

No abstract provided.

The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder

Articles

The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.

Schmitt And Poststructuralism: A Response, Gayatri Chakravorty Spivak

Cardozo Law Review

No abstract provided.