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Articles 241 - 270 of 421
Full-Text Articles in Legal History
The Duke And The Lady: Helvering V. Gregory And The History Of Tax Avoidance Adjudication, Assaf Likhovski
The Duke And The Lady: Helvering V. Gregory And The History Of Tax Avoidance Adjudication, Assaf Likhovski
Cardozo Law Review
No abstract provided.
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Supreme Court Narratives On Equality And Gender Discrimination In Employment: 1971-2002, Vicki Lens
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's evolving approach to gender discrimination in the workplace, particularly during the 1970s and 1980s, as it grappled with the intersection of formal and substantive equality. The Court's decisions reflected the influence of the feminist movement and broader societal shifts, addressing issues such as pregnancy-related discrimination, sexual harassment, and workplace stereotypes. While the Court often invalidated discriminatory practices, its rulings also revealed tensions in balancing equal treatment with competing interests, such as military preparedness or employer liability. The analysis highlights how the Court's narrative on gender equality was shaped by legal doctrines, cultural values, and …
Loose Not The Floodgates, Benjamin J. Cooper
Loose Not The Floodgates, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The article examines the implications of the Supreme Court's decision in Lawrence v. Texas, which struck down sodomy laws, arguing that while the ruling was necessary, it raises concerns about the broader regulation of sexual conduct outside marriage. The author contends that such laws, despite rare enforcement, serve societal functions, including protecting marriage and providing moral boundaries that deter harmful behavior, particularly among young people.
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Challenging Dissent: The Ontology And Logic Of Lawrence V. Texas, Jami Weinstein, Tobyn Demarco
Cardozo Journal of Equal Rights & Social Justice
The article examines the Supreme Court's decision in Lawrence v. Texas, which invalidated a Texas antisodomy statute criminalizing homosexual conduct. The Court held that the statute failed rational basis review and rejected the promotion of majoritarian sexual morality as a legitimate state interest. The decision reflects a broader recognition of the fundamental right to make autonomous, private, consensual, adult sexual choices. The analysis critiques Justice Scalia's dissent, arguing that his fears about the end of morals legislation are unfounded and that laws based solely on moral disapproval lack a rational basis.
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman
Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman
Cardozo Public Law, Policy & Ethics Journal
The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Cardozo Law Review
No abstract provided.
Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein
Oblivion Of Crime As Crime Of Oblivion, Néstor A. Braunstein
Cardozo Law Review
No abstract provided.
Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng
Civilization And The Two Faces Of Law: J. M. Coetzee's Waiting For The Barbarians, Sinkwan Cheng
Cardozo Law Review
No abstract provided.
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
"You Slay Me"!: Buffy As Jurisprude Of Desire, William P. Macneil
Cardozo Law Review
No abstract provided.
Between The Two Fears, Juliet Flower Maccannell
Between The Two Fears, Juliet Flower Maccannell
Cardozo Law Review
No abstract provided.
Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates
Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt
The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt
Cardozo Law Review
No abstract provided.
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
On The Road: The Supreme Court And The History Of Circuit Riding, Joshua Glick
Cardozo Law Review
No abstract provided.
Beyond Tolerance, Milner S. Ball
Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder
Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder
Cardozo Law Review
No abstract provided.
Notes On The Clerical Body Of The Law, Lior Barshack
Notes On The Clerical Body Of The Law, Lior Barshack
Cardozo Law Review
No abstract provided.
Nietzsche And Salomé Laws Of The Father: Sublimation, Narcissism And Idealization, Theresa Aiello
Nietzsche And Salomé Laws Of The Father: Sublimation, Narcissism And Idealization, Theresa Aiello
Cardozo Law Review
No abstract provided.
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Cardozo Law Review
No abstract provided.
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
Cardozo Law Review
No abstract provided.
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Special Juries: Deterring Spurious Medical Malpractice Litigation In State Courts, Alan Feigenbaum
Cardozo Law Review
No abstract provided.
Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng
Ressentiment, The Superego, And Totalitarianism: George Orwell's 1984, Sinkwan Cheng
Cardozo Law Review
No abstract provided.
From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke
From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke
Cardozo Law Review
No abstract provided.
Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris
Bad Subjects: The Practice Of Theory And The Constitution Of Identity In Legal Culture, Angela P. Harris
Cardozo Journal of Equal Rights & Social Justice
The article explores the intersection of legal culture and identity politics, arguing that while the law symbolically includes marginalized groups, it often perpetuates their subjugation. It emphasizes the role of theory and practice in transforming these dynamics, advocating for a more inclusive and democratic society where subaltern voices are truly heard and valued.
Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz
Harnessing Information Technology To Improve The Environmental Impact Review Process, Michael B. Gerrard, Michael Herz
Articles
No abstract provided.
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil
Articles
No abstract provided.
"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton
"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton
Articles
No abstract provided.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
The Proslavery Origins Of The Electoral College, Paul Finkelman
The Proslavery Origins Of The Electoral College, Paul Finkelman
Cardozo Law Review
No abstract provided.