Legal History Commons^™

Domestic Commander In Chief: Early Checks By Other Branches, Louis Fisher

Cardozo Law Review

No abstract provided.

The Calling Forth Clause And The Domestic Commander In Chief, Stephen I. Vladeck

Cardozo Law Review

No abstract provided.

"The Public Gaze And The Prying Eye:" The South And The Privacy Doctrine In Nineteenth-Century Wife Abuse Cases, Jerome Nadelhaft

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Denial As A Security Concept, Taner Akcam

Cardozo Journal of Conflict Resolution

If I were to explain the Turkish state's denial of the Armenian Genocide in one word, I would suggest the term continuity, both in the sense of lasting perceptions of the problem and in the persistent makeup of the Turkish ruling elite. On this occasion, I will discuss the continuity of Turkish state denial in the first sense of the word.

Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman

Cardozo Law Review

No abstract provided.

"The Perpetuation Of Our Political Institutions": Lincoln, The Powers Of The Commander In Chief, And The Constitution, Michael Les Benedict

Cardozo Law Review

No abstract provided.

The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon

Articles

No abstract provided.

Scripture Versus Contemporary Needs: A Sasanian/Zoroastrian Example, Yaakov Elman

Cardozo Law Review

No abstract provided.

Deuteronomy And Polity In The Early History Of Jewish Interpretation, Steven D. Fraade

Cardozo Law Review

No abstract provided.

Assessing The Rule Of Law In Russia, Kathryn Hendley

Cardozo Journal of International and Comparative Law

The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …

Modem Legal Reform In Egypt: Shifting Claims To Legal Authority, Shannon M. Roesler

Cardozo Journal of International and Comparative Law

The article challenges the notion that Egyptian legal reform simply replaced Islamic law with European law, instead presenting it as a complex interplay where Islamic legal theory and European influences coexist. It highlights the dynamic process of integrating Islamic principles into the legal system, emphasizing the historical negotiation between fiqh (Islamic jurisprudence) and siyasa (state governance).

Docking The Caroline: Understanding The Relevance Of The Formula In Contemporary Customary International Law Concerning Self-Defense, James A. Green

Cardozo Journal of International and Comparative Law

The famous Caroline incident of 1837 has in the United Nations era been repeatedly cited as representing the position of customary international law with regard to the regulation of forcible action taken in self-defense. Over recent years, however, the relevance of the incident to the contemporary legal regime has been questioned by a number of scholars. This article assesses these criticisms and then employs a different methodology to others that have re-appraised the incident: examining State practice and opinio juris to determine the customary international law of today, against which the Caroline formula can then be analyzed. It is concluded …

Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes

Articles

Because we learn from history, we also try to teach from history. Persuasive discourse of all kinds is replete with historical examples – some true and applicable to the issue at hand, some one but not the other, and some neither. Beginning in the 1990s, intellectual property scholars began providing descriptive accounts of a tremendous strengthening of copyright laws, expressing the normative view that this trend needs to be arrested, if not reversed. This thoughtful body of scholarly literature is sometimes bolstered with historical claims – often casual comments about the way things were. The claims about history, legal or …

Equality And The Dialectic Between Identity And Difference, Michel Rosenfeld

Articles

Modern equality as derived from the Enlightenment has always had problems with difference. Whereas feudalism set inequality as the baseline, modern society sets equality as the baseline, but allows for unequal treatment based on differences. Thus, differences among the sexes have been invoked to treat women as inferiors and racial differences to deprive racial minorities of equal treatment. Liberalism has countered these moves by promoting a conception of equality as identity according to which race or gender-based differences are irrelevant for purposes of political participation or employment. More recent claims for equality based on identity politics which callfor a type …

The Religious Origins Of Disestablishment Principles, Marci A. Hamilton, Rachel Steamer

Articles

No abstract provided.

A Long Road To Residency: The Legal History Of Salvadoran & Guatemalan Immigration To The United States With A Focus On Nacara, Eli Coffino

Cardozo Journal of International and Comparative Law

The note examines the legal history of Salvadoran and Guatemalan immigration to the United States, focusing on the Nicaraguan Adjustment and Central American Relief Act (NACARA) of 1997. While NACARA provides relief for some Salvadoran and Guatemalan immigrants, it is criticized for its arbitrary eligibility deadlines and discretionary provisions, which treat these groups less favorably than Cubans and Nicaraguans. The note highlights the challenges in navigating U.S. immigration law and advocates for reforms to address these inequities.

On The Three Floors Of A Legislative Building: Israel's Legal Arsenal In Its Struggle Against Terrorism, Claude Klein

Cardozo Law Review

No abstract provided.

Acknowledgments, Antoine Garapon, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Toward A New Public Access Doctrine, Raleigh Hannah Levine

Cardozo Law Review

No abstract provided.

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli

Cardozo Law Review

No abstract provided.

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

History Turned "Sideways": Granholm V. Heald And The Twenty-First Amendment, Harris Danow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A "Judeo-Christian" Argument For Privatizing Marriage, Daniel A. Crane

Cardozo Law Review

No abstract provided.

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy Jr.

Cardozo Arts & Entertainment Law Journal

17 U.S.C. § 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for § 1201 were laundered through international treaties, …

What Is Rehnquist Federalism?, Marci A. Hamilton

Articles

No abstract provided.

What We Talk About When We Talk About Death, Joseph Brooker

Cardozo Law Review

No abstract provided.

Vergil And Founding Violence, Michèle Lowrie

Cardozo Law Review

No abstract provided.

Prolegomenon: Radical Patience: Deconstruction's Fall Into History, Anselm Haverkamp

Cardozo Law Review

No abstract provided.

Honeywell: The Straw That May Just Break The Inventor's Back, Wing H. Liang

Cardozo Law Review

No abstract provided.

Statues, Statutes, And Queens On Trial, Susan Sage Heinzelman

Cardozo Law Review

No abstract provided.