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Articles 121 - 150 of 421
Full-Text Articles in Legal History
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Women, Water & Privatization: A Human Rights-Based Approach To Global Water Governance, Tara Pistilli
Cardozo Journal of Equal Rights & Social Justice
The note argues that recognizing and clearly defining the human right to water is essential for ensuring equitable access, particularly for women and children, who are disproportionately affected by water scarcity and privatization. It emphasizes that a human rights-based approach to water governance is necessary to prevent conflicts and protect vulnerable populations, as demonstrated by the Cochabamba Water War. This approach, supported by international law, provides a legally binding framework to hold states and corporations accountable for fulfilling the right to water.
European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony J. Sebok
European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony J. Sebok
Articles
This review addresses volumes 7-9 of the series Comparative Studies in the Development of the Law of Torts in Europe, edited by John Bell and David Ibbetson and published by Cambridge University Press.
"Data, Views, Or Arguments": A Rumination, Michael Herz
"Data, Views, Or Arguments": A Rumination, Michael Herz
Articles
No abstract provided.
Silver Linings: Reimagining The Role Of Adr Education In The Wake Of The Great Recession, Lela P. Love, Brian Farkas
Silver Linings: Reimagining The Role Of Adr Education In The Wake Of The Great Recession, Lela P. Love, Brian Farkas
Articles
No abstract provided.
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Cardozo Law Review
No abstract provided.
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Cardozo Law Review
No abstract provided.
Tyrant-Killing Legislation And The Political Foundation Of Ancient Greek Democracy, David A. Teegarden
Tyrant-Killing Legislation And The Political Foundation Of Ancient Greek Democracy, David A. Teegarden
Cardozo Law Review
No abstract provided.
The Origins And Import Of Republican Constitutionalism, Clifford Ando
The Origins And Import Of Republican Constitutionalism, Clifford Ando
Cardozo Law Review
No abstract provided.
Roman Roots For An Imperial Presidency: Revisiting Clinton Rossiter's 1948 Constitutional Dictatorship: Crisis Government In The Modern Democracies, David Rudenstine
Roman Roots For An Imperial Presidency: Revisiting Clinton Rossiter's 1948 Constitutional Dictatorship: Crisis Government In The Modern Democracies, David Rudenstine
Cardozo Law Review
No abstract provided.
Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century, Lindsay Korotkin
Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century, Lindsay Korotkin
Cardozo Law Review de•novo
All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil. Cardozo Law Review de•novo’s online symposium, “China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century” focuses on China’s overall transition from a manufacturing to an innovation economy and how this transition affects …
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody
Cardozo Law Review de•novo
Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …
Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao
Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao
Cardozo Law Review de•novo
To present a holistic view approachable by both Western and Chinese audience, this Article will first discuss the forces operating against a holistic view of China and explain exactly what it means to employ a holistic view. Then, by emphasizing the historical, international, and developmental contexts, the Article aims to introduce the reader to real examples of a holistic perspective, and in turn, to reframe the discourse around China’s self-driven innovation.
Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol
Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Burden To Prove Libel: A Comparative Analysis Of Traditional English And U.S. Defamation Laws And The Dawn Of England's Modern Day, Elizabeth Samson
The Burden To Prove Libel: A Comparative Analysis Of Traditional English And U.S. Defamation Laws And The Dawn Of England's Modern Day, Elizabeth Samson
Cardozo Journal of International and Comparative Law
The article examines the divergence between English and U.S. defamation laws, particularly the burden of proof in libel cases. It argues that while the U.S. has evolved to prioritize free speech by shifting the burden to the plaintiff, England maintains a plaintiff-friendly approach, leading to libel tourism and chilling free speech. The author suggests that England should consider reforming its burden of proof to address these issues.
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
Cardozo Law Review
No abstract provided.
The Foolosophy Of Justice And The Enigma Of Law, Peter Goodrich
The Foolosophy Of Justice And The Enigma Of Law, Peter Goodrich
Articles
The article explores the symbolic meaning of legal images, particularly the figure of Justitia (Justice) and her blindfold, in 16th-century legal texts. It argues that these images, often overlooked, are enigmatic symbols rooted in legal and theological traditions, conveying meanings that have been forgotten over time. The blindfold, in particular, signifies the separation between divine and human law, emphasizing the limits of human understanding and the enigmatic nature of legal symbolism.
Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams
Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams
Articles
In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …
The Demise Of The Federal Shield Law, William E. Lee
The Demise Of The Federal Shield Law, William E. Lee
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Failed Promise Of A General Theory Of Pure Economic Loss: An Accident Of History?, Anthony J. Sebok
The Failed Promise Of A General Theory Of Pure Economic Loss: An Accident Of History?, Anthony J. Sebok
Articles
The article explores the evolution and challenges of pure economic loss doctrine in American tort law, focusing on the contrasting approaches of Robert Rabin and Gary Schwartz. While Schwartz critiques the feasibility of a general theory due to the diversity of economic injuries, Rabin advocates for a nuanced, fact-specific approach. The article highlights the ad hoc nature of the doctrine, as seen in key cases like JAire Corp. v. Gregory and Aas v. Superior Court, which reflect shifting judicial attitudes toward negligence and liability. It concludes that the failure to establish a coherent principle for determining duty underscores the ongoing …
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Articles
No abstract provided.
Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Cardozo Law Review
The Defense of Marriage Act (DOMA) has created a new wave of interest in the Full Faith and Credit Clause and its apparent contradictions. Important recent scholarship has shown that American lawyers in the eighteenth century often viewed the term "full faith and credit" as referring to an evidentiary rule. This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. Rather than seek …
Battling Clearance Culture Shock: Comparing U.S. Fair Use And Canadian Fair Dealing In Advancing Freedom Of Expression In Non-Fiction Film, Sarah Sklar-Heyn
Battling Clearance Culture Shock: Comparing U.S. Fair Use And Canadian Fair Dealing In Advancing Freedom Of Expression In Non-Fiction Film, Sarah Sklar-Heyn
Cardozo Journal of International and Comparative Law
The note explores the tension between intellectual property rights and freedom of expression, particularly focusing on the challenges faced by nonfiction filmmakers in navigating copyright laws. It highlights how fair use and fair dealing doctrines in the U.S. and Canada serve as critical tools for balancing these competing interests. The analysis emphasizes the importance of flexible legal frameworks to accommodate the unique needs of documentary filmmaking, which often relies heavily on the use of preexisting works. The note also examines the potential for international harmonization of these doctrines to facilitate global distribution of audiovisual works.
Paul R. Verkuil, Antonin Scalia
Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller
Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller
Cardozo Law Review
No abstract provided.
Paul Verkuil: An Outstanding Scholar In His Spare Time, Richard J. Pierce Jr.
Paul Verkuil: An Outstanding Scholar In His Spare Time, Richard J. Pierce Jr.
Cardozo Law Review
No abstract provided.
Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin
Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin
Cardozo Law Review
No abstract provided.
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey S. Lubbers
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey S. Lubbers
Cardozo Law Review
No abstract provided.
Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw
Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw
Cardozo Law Review
No abstract provided.
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Cardozo Law Review
No abstract provided.