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Articles 271 - 300 of 421
Full-Text Articles in Legal History
How The Electoral College Imitates The World Series, Michael Herz
How The Electoral College Imitates The World Series, Michael Herz
Cardozo Law Review
No abstract provided.
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Innovating Copyright, Lawrence Lessig
Innovating Copyright, Lawrence Lessig
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
Articles
The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
The Machinery Of Law In Pharaonic Egypt: Organization, Courts And Judges On The Ancient Nile, Russ Versteeg
Cardozo Journal of International and Comparative Law
The article explores the sophisticated legal system of ancient Egypt, emphasizing its dual structure that combined human judicial administration with divine oracles. It highlights the roles of key officials such as the vizier and pharaoh, the organization of courts, and the emphasis on impartiality and fairness. The analysis also underscores the integration of religious elements, particularly the use of oracles, in legal decision-making, demonstrating a blend of secular and sacred authority.
Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge
Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge
Cardozo Law Review
No abstract provided.
Against The Wrong And The Dead: A Genealogy Of "Left/Mpm", Nathaniel Berman
Against The Wrong And The Dead: A Genealogy Of "Left/Mpm", Nathaniel Berman
Cardozo Law Review
No abstract provided.
The Roulette Of Suffering, Ed Morgan, Rachael Turkienicz
The Roulette Of Suffering, Ed Morgan, Rachael Turkienicz
Cardozo Journal of International and Comparative Law
The article explores the intersection of law, religion, and human suffering, drawing parallels between the unpredictability of legal outcomes in Holocaust-related litigation and the theological themes of the Book of Job. It argues that the legal system, like the biblical narrative, grapples with the challenge of assigning meaning to seemingly random events, particularly in cases involving state sovereignty and human rights. The analysis highlights the tension between the doctrine of state immunity and the pursuit of justice for victims of persecution, ultimately suggesting that legal outcomes often appear arbitrary, much like the suffering depicted in the Book of Job.
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Alan Isaacman And The First Amendment: A Candid Interview With Larry Flynt's Attorney, Clay Calvert, Robert D. Richards
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Concept Of The Mythical (Schmitt With Sorel), Stathis Gourgouris
The Concept Of The Mythical (Schmitt With Sorel), Stathis Gourgouris
Cardozo Law Review
No abstract provided.
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Carl Schmitt And His Influence On Historians, Reinhard Mehring
Cardozo Law Review
No abstract provided.
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Schmitt, History, And Habermas: Comments On Mehring And Rasch, Joseph W. Bendersky
Cardozo Law Review
No abstract provided.
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
Introduction, Andreas Kalyvas, Jan Müller
Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal
Liberal Discovery Of Non-Party Records: In Defense Of The Defense, Melissa E. Rosenthal
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the liberal discovery of nonparty records, such as IQ test results and medical records, in lead paint poisoning cases in New York. It argues that allowing such discovery aligns with the state's broad discovery policies under CPLR 3101(a) and promotes fairness and efficiency in litigation. The author contends that the current per se ban on discovering these records is inconsistent and unfair, particularly for defendants in the First Department, where such discovery is prohibited. The analysis emphasizes the need for a balanced approach that considers relevance, privacy, and the potential for alternative causation in determining admissibility.
Rethinking The Penalty Phase, Kyron Huigens
Rethinking The Penalty Phase, Kyron Huigens
Articles
This article argues that the chaos of the US Supreme Court’s death penalty jurisprudence can be sorted with the use of a single point of clarification. That jurisprudence uses the term “culpability” – and similar terms, such as desert, responsibility, and blameworthiness – without regard to a critical ambiguity. We use “culpability” to refer to fault in wrongdoing, as reflected in “culpability elements” such as purpose or recklessness. We also use culpability to refer to eligibility for punishment, which is at issue in the defenses of insanity or minority. Death sentencing is structured around aggravating and mitigating factors, but aggravation …
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
License To Copyright: The Ongoing Dispute Over The Ownership Of James Bond, Keith Poliakoff
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo And The Art Of Biography, Andrew L. Kaufman
Cardozo Law Review
No abstract provided.
Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Media & Monopoly In The Information Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Commentaries, Paul Magnarella
Commentaries, Paul Magnarella
Cardozo Journal of International and Comparative Law
Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Bringing Dignity Back To Light: Publicity Rights And The Eclipse Of The Tort Of Appropriation Of Identity, Jonathan Kahn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Strategy For The State Museum Of Auschwitz-Birkenau, Robert Jan Van Pelt, Donald Mckay, Valerio Rynnimeri, Dereck Revington, Debórah Dwork
Strategy For The State Museum Of Auschwitz-Birkenau, Robert Jan Van Pelt, Donald Mckay, Valerio Rynnimeri, Dereck Revington, Debórah Dwork
Cardozo Law Review
No abstract provided.
The Conference On Jewish Material Claims Against Germany, Israel Miller
The Conference On Jewish Material Claims Against Germany, Israel Miller
Cardozo Law Review
No abstract provided.
Why Now?, Israel Singer
The U.S. Government And The Wartime Neutrals: History And Justice After Half A Century, Bennett Freeman
The U.S. Government And The Wartime Neutrals: History And Justice After Half A Century, Bennett Freeman
Cardozo Law Review
No abstract provided.
The Politics Of A Strategy For Auschwitz-Birkenau, Debórah Dwork, Robert Jan Van Pelt
The Politics Of A Strategy For Auschwitz-Birkenau, Debórah Dwork, Robert Jan Van Pelt
Cardozo Law Review
No abstract provided.
Peaceful Transitions To Constitutional Democracy: Transcript Of The Proceedings
Peaceful Transitions To Constitutional Democracy: Transcript Of The Proceedings
Cardozo Law Review
No abstract provided.