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Articles 211 - 240 of 263
Full-Text Articles in Law and Society
In Appreciation Of Jack Burns, Frank J. Macchiarola
In Appreciation Of Jack Burns, Frank J. Macchiarola
Cardozo Law Review
Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …
Introduction, John O. Mcginnis
Introduction, John O. Mcginnis
Cardozo Law Review
Executive branch interpretation of the law is a subject both timely and enduring. Just prior to the convening of this symposium, an election ended twelve years of Republican administration in which controversy over executive branch legal interpretation was greater than that in any period since the New Deal. Both Presidents Ronald Reagan and George Bush were committed to very different jurisprudential views from those which had predominated on the Supreme Court in the Warren and even Burger years. Therefore, it was not surprising that during their tenure the Department of Justice provided renewed justifications for both the autonomy and unitariness …
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Jacob Burns And The Institute For Advanced Legal Studies, David G. Carlson
Cardozo Law Review
Jacob Burns lived a long and fabled life, which was obviously its own reward. Among the very many things that could be said, and the thing I would like to memorialize here, is the profound legacy Mr. Bums left behind at Benjamin N. Cardozo School of Law, where he served as chairman of the board for many years and as founder of the Jacob Bums Institute for Advanced Legal Studies. In his memory, I would like to say a little about the history of this endeavor and Mr. Burns's role in it.
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld
Cardozo Law Review
The United States Constitution is remarkably silent on the subject of ultimate responsibility for constitutional interpretation, despite its elaborate prescriptions for a scheme of separation of powers that interweaves elements of independence and of interdependence among the distinct branches of the federal government. It is hardly surprising, therefore, that there have been several disputes between the President and the Supreme Court concerning the scope of executive autonomy in constitutional interpretation. In recent years, moreover, the conflict between judicial authority and executive autonomy has been exacerbated by efforts to legitimize presidential interpretations of the Constitution that are inconsistent with Supreme Court …
Judaism And Postmodernism, Suzanne Last Stone
Judaism And Postmodernism, Suzanne Last Stone
Cardozo Law Review
No abstract provided.
Monolingualism And Judaism, José Faur
Identifying The Jewish Lawyer: Reflections On The Construction Of Professional Identity, Sanford Levinson
Identifying The Jewish Lawyer: Reflections On The Construction Of Professional Identity, Sanford Levinson
Cardozo Law Review
No abstract provided.
Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur
Law And Hermeneutics In Rabbinic Jurisprudence: A Maimonidean Perspective, José Faur
Cardozo Law Review
No abstract provided.
The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.
The Constitution Outside The Courts, Frederick A.O. Schwarz Jr.
Cardozo Law Review
The forty-fourth Cardozo Lecture, delivered in memory of Benjamin N. Cardozo at the House of the Association on December 5, 1991.
On Property And Constitutionalism, Cass R. Sunstein
On Property And Constitutionalism, Cass R. Sunstein
Cardozo Law Review
No abstract provided.
The Moment Of Constitutional Opportunity, Marci A. Hamilton
The Moment Of Constitutional Opportunity, Marci A. Hamilton
Cardozo Law Review
Professor Sunstein speaks perceptively to the debate over how the Eastern European countries should proceed following their sudden constitutional crises. The Eastern European framer would do well to keep his checklist of constitutional features at hand. Two aspects of his task, however, raise rather interesting and related questions. At base, I raise the question of whether Eastern Europe has reached the "moment of constitutional opportunity" that Professor Sunstein asserts it has.
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Stories Versus Theories At The Cardozo Evidence Conference: It’S Just Another Metaphor To Me, L. H. Larue
Cardozo Law Review
Cardozo Law School was host to an evidence conference on March 24-26, 1991. The papers have been published, so the conference has been duly memorialized. However, the conference had a "subtext" that differed from the "text," that is, the theme of the conference, judging from the hallway gossip, differed from the officially proclaimed theme; if one reads the published text carefully, one can see the subtext within the text, the unofficial theme alongside the official theme. I asked the editors of this Review to let me record my evaluation of the unofficial theme, so that it may have equal status …
A Curious Document Recently Discovered In The Archives, Peter Tillers
A Curious Document Recently Discovered In The Archives, Peter Tillers
Cardozo Law Review
The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …
The Idea Of A Legal Unconscious, Arthur J. Jacobson
The Idea Of A Legal Unconscious, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner
Cardozo Law Review
No abstract provided.
Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann
Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann
Cardozo Law Review
No abstract provided.
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Cardozo Law Review
Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Everything Great Stands In The Storm That Blows From Paradise, David Farrell Krell
Cardozo Law Review
No abstract provided.
Suicide And Justice, Arthur J. Jacobson
Ouse, Paul M. Shupack
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Procedural Options For Resolving Hearsay Issues, Roger C. Park
Cardozo Law Review
No abstract provided.
Decision And Inference, Peter Tillers
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Expert-Novice Differences And Implications For Choice Of Bench Versus Jury Trial, Anne W. Martin
Cardozo Law Review
No abstract provided.
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Improving The Procedure For Resolving Hearsay Issues, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Status, Contract, And History: A Dialectical View, Matthew P. Bergman
Status, Contract, And History: A Dialectical View, Matthew P. Bergman
Cardozo Law Review
No abstract provided.
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Conflicts Between Religious And Secular Law: Common Themes In The English Experience, 1250-1640, R. H. Helmholz
Cardozo Law Review
No abstract provided.
Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib
Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib
Cardozo Law Review
No abstract provided.
Hermeneutics And The Rule Of Law, Fred Dallmayr
Hermeneutics And The Rule Of Law, Fred Dallmayr
Cardozo Law Review
No abstract provided.
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida
Cardozo Law Review
No abstract provided.
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander
Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander
Cardozo Law Review
No abstract provided.