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Articles 361 - 390 of 421
Full-Text Articles in Legal History
Attorney General's Remarks, Benjamin N. Cardozo School Of Law, November 15, 1992, William P. Barr
Attorney General's Remarks, Benjamin N. Cardozo School Of Law, November 15, 1992, William P. Barr
Cardozo Law Review
While the modem Attorney General is active in a broad array of policy decisions and legal matters, this evening we are concerned only with what was once the core of the Attorney General's duties: legal interpretation within the executive branch. First, I would like to trace the evolution of the office of Attorney General from part-time legal advisor for the new government to head of a major department involved in making policy across a broad range of subjects. Second, I want to discuss the Attorney General's role in interpreting the law, both in rendering legal advice to the executive branch …
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael Fitts
Cardozo Law Review
Over the past few years public law debates have invariably focused on the relative significance of legal institutions as expressed in formal legislative and administrative structures versus everyday politics in the resolution of policy questions. This emphasis has been particularly evident in the examination of the appropriate structure and distribution of responsibility for administrative decision making, in general, and presidential authority versus agency autonomy, in particular.
Federalism That Failed: Reflections On The Disintegration Of Czechoslovakia, Katarina Mathernova
Federalism That Failed: Reflections On The Disintegration Of Czechoslovakia, Katarina Mathernova
Cardozo Journal of International and Comparative Law
No abstract provided.
The Code Of The Moral, Niklas Luhmann
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
New York Adverse Possession Law As A Conspiracy Of Forgetting: Van Valkenburgh V. Lutz And The Examination Of Intent, Lila Perelson
Cardozo Law Review
No abstract provided.
Constitutionalism And Revolution, Stanley N. Katz
Constitutionalism And Revolution, Stanley N. Katz
Cardozo Law Review
No abstract provided.
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
The Court’S Role In Interbranch Disputes Over Oversight Of Agency Rulemaking, John J. Gibbons
Cardozo Law Review
This paper is adapted from the Uri and Caroline Bauer Memorial Lecture delivered at the Benjamin N. Cardozo School of Law, Yeshiva University, on March 10, 1992.
Grand Jury Charges Delivered By Supreme Court Justices Riding Circuit During The 1790s, David J. Katz
Grand Jury Charges Delivered By Supreme Court Justices Riding Circuit During The 1790s, David J. Katz
Cardozo Law Review
No abstract provided.
A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin
A New Birth Of Constitutionalism: Genetic Influences And Genetic Defects, Louis Henkin
Cardozo Law Review
No abstract provided.
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter
Cardozo Law Review
No abstract provided.
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon
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.
Milton's Contract, Peter Lindenbaum
Milton's Contract, Peter Lindenbaum
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Author In Court: Pope V. Curll (1741), Mark Rose
The Author In Court: Pope V. Curll (1741), Mark Rose
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
The Constitution Of The People: Frederick Douglass And The Dred Scott Decision, Robert Bernasconi
Cardozo Law Review
No abstract provided.
“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler
“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler
Cardozo Law Review
No abstract provided.
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Abduction From The Seraglio: Feminist Methodologies And The Logic Of Imagination, Jeanne L. Schroeder
Articles
The article critiques the "different voice" theory in feminist jurisprudence, arguing that it risks reinforcing gender stereotypes and lacks a normative framework to challenge dominant masculinist perspectives. It also examines MacKinnon's contributions to feminist legal theory, highlighting both her strengths, such as her recognition of the need for a comprehensive alternative to masculinist theories, and her limitations, particularly her failure to develop a robust methodology for hypothesis verification. The article emphasizes the importance of distinguishing between hypothesis formation and proof in jurisprudence and advocates for a more nuanced approach to gender jurisprudence that avoids essentialism and integrates psychological insights without …
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.
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Cardozo Law Review
No abstract provided.
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner
Cardozo Law Review
No abstract provided.
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Comment: Legal Process And Judges In The Real World, Peter L. Strauss
Cardozo Law Review
No abstract provided.
The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine
The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine
Cardozo Law Review
No abstract provided.
Tradition, Precedent, And Justice Scalia, David A. Strauss
Tradition, Precedent, And Justice Scalia, David A. Strauss
Cardozo Law Review
No abstract provided.
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Cardozo Law Review
The article examines the complicity of the Vichy legal system in the persecution of Jews during World War II, arguing that French lawyers and judges actively contributed to Nazi objectives through legalistic rhetoric and formalism. By focusing on individual cases and interpretive debates, the legal profession avoided addressing the moral and ethical implications of their actions, enabling the enforcement of oppressive policies. The analysis critiques the failure of legal professionalism and the dangers of prioritizing formalism over human rights.
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.
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes Jr.
Pluralist Establishment: Reflections On The English Experience, Robert E. Rodes Jr.
Cardozo Law Review
No abstract provided.
"Include Me Out": Some Lessons Of Religious Toleration In Britain, Jonathan A. Bush
"Include Me Out": Some Lessons Of Religious Toleration In Britain, Jonathan A. Bush
Cardozo Law Review
No abstract provided.
Religion & The Law: The Mormon Experience In The Nineteenth Century, Edwin B. Firmage
Religion & The Law: The Mormon Experience In The Nineteenth Century, Edwin B. Firmage
Cardozo Law Review
No abstract provided.
Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer
Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer
Cardozo Arts & Entertainment Law Journal
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.