Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Jurisprudence (98)
- Constitutional Law (93)
- Comparative and Foreign Law (45)
- Entertainment, Arts, and Sports Law (44)
- Law and Society (44)
-
- International Law (41)
- Law and Gender (41)
- Intellectual Property Law (39)
- Human Rights Law (36)
- Law and Race (36)
- Criminal Law (35)
- Courts (33)
- Judges (32)
- Criminal Procedure (30)
- Civil Rights and Discrimination (27)
- Legislation (27)
- Torts (27)
- First Amendment (21)
- Administrative Law (20)
- Legal Profession (19)
- Arts and Humanities (18)
- Communications Law (18)
- Dispute Resolution and Arbitration (17)
- Banking and Finance Law (16)
- Labor and Employment Law (16)
- Law and Politics (13)
- Philosophy (13)
- Evidence (12)
- Keyword
-
- Legal History (109)
- Constitutional Law (36)
- Jurisprudence (28)
- Politics (General) (23)
- Slavery (17)
-
- Race and Ethnicity Issues (16)
- Courts (13)
- Judges (13)
- Law and Society (12)
- Civil Rights (9)
- First Amendment (9)
- Government (General) (9)
- Human Rights Law (9)
- Philosophy (8)
- Biography (7)
- Democracy (7)
- Gender and the Law (7)
- Political Systems and Governments (7)
- Religion and the Law (7)
- Roman Law (7)
- Legal Practice and Procedure (6)
- Legislation (6)
- War (6)
- Civil War (5)
- Comparative and Foreign Law (5)
- Congress (5)
- Criminal Law and Procedure (5)
- Employment (5)
- International Law (5)
- Legal Profession (5)
- Publication Year
- Publication
-
- Cardozo Law Review (223)
- Articles (51)
- Cardozo Arts & Entertainment Law Journal (41)
- Cardozo Journal of Equal Rights & Social Justice (23)
- Cardozo Public Law, Policy & Ethics Journal (23)
-
- Cardozo Journal of International and Comparative Law (18)
- Cardozo Journal of Conflict Resolution (15)
- Cardozo International & Comparative Law Review (10)
- Cardozo Law Review de•novo (6)
- Online Publications (4)
- 2025–2026 Flyers (1)
- Amicus Briefs (1)
- CLIHHR Reports & Policy Submissions (1)
- Finding Aids (1)
- Library Staff Presentations (1)
- Speeches & Presentations (1)
- Yearbooks (1)
- Publication Type
Articles 61 - 90 of 421
Full-Text Articles in Legal History
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
A Second Step Act For The States (And Counties, And Cities), John F. Pfaff
Cardozo Law Review
No abstract provided.
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
The First Step Is Actually The ‘Next Step’ After Fifteen Years Of Successful Reforms To The Federal Criminal Justice System, Jesselyn Mccurdy
Cardozo Law Review
No abstract provided.
The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should Be Disciplined By More Than The Usual Norms Of Politics, Mark D. Rosen
The Special Norms Thesis: Why Congress's Constitutional Decisionmaking Should Be Disciplined By More Than The Usual Norms Of Politics, Mark D. Rosen
Cardozo Law Review
Even if we accept that the most basic rules of fair play do not apply to our nation's political representatives when they battle one another in the ordinary lawmaking process, we should demand more when they engage in constitutional decision-making. This Article explains why our constitutional system demands different rules of engagement when constitutional questions are at issue, and exactly what we should expect of members of Congress in these situations.
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Dean Melanie Leslie's Remarks For The Launch Of Women's Votes, Women's Voices: The 19th Amendment At 100, Melanie B. Leslie
Speeches & Presentations
On June 4, 2019, Benjamin N. Cardozo School of Law launched Women's Votes, Women's Voices: The 19th Amendment at 100. Women's Votes, Women's Voices is a year of celebration and scholarly discussion marking one hundred years of the 19th Amendment, which prohibited states from denying citizens the right to vote on the basis of sex, though not all women would have the same ability to vote or to make their voices heard. Bookended by the anniversaries of the passage of the amendment in June 1919 and its ratification in August 1920, #19at100 will commemorate these historical milestones with interactive …
The Dark Side Of Reputation, Emily Kadens
The Dark Side Of Reputation, Emily Kadens
Cardozo Law Review
This Article seeks to contribute to the literature challenging the role of reputation in disciplining commerce. The historical disputes discussed here, which arose in the supposedly privately-ordered zone of the premodern merchant, add nuance to our understanding of how commerce works in the real world. Part I briefly reviews some of the problems the economic and network theory literature has identified with reputation. Part II turns to the history and demonstrates how trust could be cheaply manufactured due in part to potential partners' failure to look beyond superficial indicia of reputation. Part III then considers why reputation might have been …
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
Civil Rico: An Effective Deterrent To Fraudulent Asbestos Litigation?, Lester Brickman
Cardozo Law Review
In January 2014, U.S. Bankruptcy Judge George Hodges, presiding over the asbestos-related bankruptcy of Garlock Sealing Technologies, LLC, a manufacturer of gaskets containing asbestos, issued an order estimating Garlock's liability for pending and future mesothelioma cases. Judge Hodges, after hearing evidence discovered by Garlock in a sampling of settled cases, rejected using the usual bankruptcy court recourse to the debtor's historic settlement values as a valid basis for estimating Garlock's total future liability for asbestos-related injuries. He found that Garlock's prior mesothelioma settlements were not a reliable predictor of Garlock's liability because those settlements had been infected by misrepresentations by …
At Least Some Rights The White Man Was Bound To Respect: Bland V. Beverly And A Contract For Freedom In The Age Of Slavery, H. Robert Baker
At Least Some Rights The White Man Was Bound To Respect: Bland V. Beverly And A Contract For Freedom In The Age Of Slavery, H. Robert Baker
Cardozo Journal of Equal Rights & Social Justice
By law in Maryland, slaves could not enter into legally binding contracts. Nonetheless, in 1833 Beverly Dowling struck an agreement with his owner, Sophia Bland, for his freedom in exchange for $200. Dowling paid $173 towards his end of the agreement before being arrested as a runaway and sold to a slave trader. Beverly Dowling petitioned the Baltimore city court for his freedom, and a jury found that he was free because he had, in the process of raising the money to pay his owner, traveled to the state of New York to work. I survey the law of manumission …
The Fair Housing Act: Enacted Despite The Mainstream Media, Neutered By The Federal Government's Unwillingness To Enforce It, Craig Flournoy
The Fair Housing Act: Enacted Despite The Mainstream Media, Neutered By The Federal Government's Unwillingness To Enforce It, Craig Flournoy
Cardozo Law Review
This Article examines the 1968 Fair Housing Act from two perspectives. The first Part discusses the urban riots of the mid-1960s; the failure of the white press to examine the connection between the riots and systemic social problems, particularly segregation; and the Kerner Commission's devastating indictment of mainstream media coverage of the riots, the Black ghetto, and African Americans. I argue the mainstream media's poor coverage of the problems caused by inner-city ghettos made it more difficult to win popular and political support for the Fair Housing Act. The second Part examines the creation of a separate and unequal system …
The Fair Housing Act At Fifty: Time For A Change, Elizabeth Julian
The Fair Housing Act At Fifty: Time For A Change, Elizabeth Julian
Cardozo Law Review
In order to put my views in this Article in context, I am going to briefly reference the experience upon which I base my comments. I am a civil rights lawyer. I filed my first systemic housing discrimination lawsuit in 1980 and litigated cases against HUD, cities, and local housing agencies through the 1980s up until I left private practice in 1993 to join the Clinton administration at HUD. For the next seven years, I looked at things from the inside, first as Deputy General Counsel for HUD's Civil Rights and Litigation office, and then as Assistant Secretary for its …
Reality Check: The Need To Repair The Broken System Of Delegating Legislative Power Under The National Emergencies Act, Michael J. Pastrick
Reality Check: The Need To Repair The Broken System Of Delegating Legislative Power Under The National Emergencies Act, Michael J. Pastrick
Cardozo Law Review de•novo
When the National Emergencies Act was enacted in 1976, Congress could revoke a national emergency declaration by the President by a simple majority vote. Following a major Supreme Court decision in 1983, Congress, to simply retain its own legislative authority, suddenly was required to muster the support of two-thirds of the members of each chamber to override such a declaration. This Article proposes a practical, simple, and sturdy repair to the National Emergencies Act that will limit the potential for executive abuses by requiring Congress to extend, rather than to revoke, a national emergency declaration.
Getting Past The Imperial Presidency, Deborah Pearlstein
Getting Past The Imperial Presidency, Deborah Pearlstein
Articles
In an age in which the “imperial presidency” seems to have reached its apex, perhaps most alarmingly surrounding the use of military force, conventional wisdom remains fixed that constitutional and international law play a negligible role in constraining executive branch decision-making in this realm. Yet as this Article explains, the factual case that supports the conventional view, based largely on highly selected incidents of presidential behavior, is meaningless in any standard empirical sense. Indeed, the canonical listing of presidential decisions to use force without prior authorization feeds a compliance-centered focus on the study of legal constraint rooted in long-since abandoned …
"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger, Marc J. Veilleux Jr.
"Alexa, Can You Buy Whole Foods?": An Analysis Of The Intersection Of Antitrust Enforcement And Big Data In The Amazon-Whole Foods Merger, Marc J. Veilleux Jr.
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Commercial Speech Protection As Consumer Protection, Felix T. Wu
Commercial Speech Protection As Consumer Protection, Felix T. Wu
Articles
The Supreme Court has long said that “the extension of First Amendment protection to commercial speech is justified principally by the value to consumers of the information such speech provides.” In other words, consumers—the recipients or listeners of commercial speech—are the ones the doctrine is meant to protect. In previous work, I explored the implications of taking this view seriously in three contexts: compelled speech, speech among commercial entities, and unwanted marketing. In each of those contexts, adopting a listener-oriented approach leads to the conclusion that many forms of commercial speech regulation should receive far less First Amendment scrutiny than …
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Plus Ça Change: A Century-Old Removal For Cause, Michael E. Herz
Online Publications
Lots of ink has been spilled over when Congress can give federal officials for-cause protection. One would think that a necessary antecedent to that discussion would be a determination of exactly what for-cause protection entails. What is “inefficiency, neglect of duty, or malfeasance in office”? Yet no one knows; the debate over the permissibility of that restriction proceeds in blissful uncertainty as to its scope.
Second Class Citizenship? The Plight Of Naturalized Special Immigrant Juveniles, Irene Scharf
Second Class Citizenship? The Plight Of Naturalized Special Immigrant Juveniles, Irene Scharf
Cardozo Law Review
No abstract provided.
Prosecuting Chinese "Spies": An Empirical Analysis Of The Economic Espionage Act, Andrew Chongseh Kim
Prosecuting Chinese "Spies": An Empirical Analysis Of The Economic Espionage Act, Andrew Chongseh Kim
Cardozo Law Review
No abstract provided.
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Constitutional Coups As A Threat To Democratic Governance In Africa, John Mukum Mbaku
Cardozo International & Comparative Law Review
The article examines the phenomenon of "constitutional coups" in Africa, where leaders manipulate constitutional provisions to extend their power, undermining democracy. It argues that while the African Union (AU) has adopted frameworks like the Responsibility to Protect (R2P) doctrine to address unconstitutional regime changes, its response to constitutional coups has been inconsistent and ineffective. The analysis highlights the tension between state sovereignty and human rights, emphasizing the need for stronger AU mechanisms to prevent such abuses and promote democratic governance.
Is Natural Law A Public Good?, Eliot T. Tracz
Is Natural Law A Public Good?, Eliot T. Tracz
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Framed By Forensics: Fulfilling Daubert's Gatekeeping Function By Segregating Science From The Adversarial Model, Kayla Marie Mannucci
Framed By Forensics: Fulfilling Daubert's Gatekeeping Function By Segregating Science From The Adversarial Model, Kayla Marie Mannucci
Cardozo Law Review
The note argues that flawed forensic expert testimony significantly contributes to wrongful convictions, undermining the criminal justice system's objective to acquit the innocent. It highlights how partisan bias, lack of scientific validation, and inadequate judicial gatekeeping under Daubert v. Merrell Dow Pharmaceuticals, Inc. have led to the admission of unreliable forensic evidence. The note proposes a reform: requiring neutral, court-appointed experts in high-stakes forensic cases to ensure objective testimony and prevent partisan bias.
Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder
Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder
Cardozo Law Review
No abstract provided.
Echoes Of The Past: The 1975 Eec Referendum Forty Years On, Warren Swain
Echoes Of The Past: The 1975 Eec Referendum Forty Years On, Warren Swain
Cardozo Law Review
The article examines the 1975 referendum on Britain's continued membership in the European Economic Community (EEC), highlighting the political, economic, and social dynamics that shaped the campaign and its outcome. It draws parallels with the 2016 Brexit referendum, emphasizing the role of the political establishment, public opinion, and sovereignty concerns. The 1975 referendum resulted in a decisive vote to remain in the EEC, but the article suggests that the underlying issues, such as concerns over sovereignty and economic impact, persisted and ultimately contributed to the 2016 decision to leave the EU.
Les Demoiselles D'Avignon: Painting Prostitution, Delineating Law, Shulamit Almog
Les Demoiselles D'Avignon: Painting Prostitution, Delineating Law, Shulamit Almog
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado
Not Forgetting Just Obscuring: American And European Attempts To Maintain Privacy In The Digital Age, John Corrado
Cardozo International & Comparative Law Review
The note explores the concept of the right to obscurity as a subset of privacy rights, distinguishing it from the right to be forgotten. It examines how this right is addressed in E.U. and U.S. law, highlighting the E.U.'s robust framework under the GDPR and the more limited, sector-specific protections in the U.S. The analysis emphasizes the importance of balancing individual privacy rights with freedom of expression and the public interest, advocating for a proactive approach to data control rather than retroactive deletion.
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
The Unexpected Scope Of The Cfaa: And How Netflix Users Could Be Committing A Federal Crime, Michael Levy
Cardozo International & Comparative Law Review
The Ninth Circuit's broad interpretation of the Computer Fraud and Abuse Act (CFAA) in United States v. Nosal II criminalizes everyday activities like password sharing, undermining the Act's original purpose to prevent hacking. The court ruled that accessing a computer after authorization has been revoked constitutes a violation, even if the access is for innocuous purposes. This interpretation disproportionately benefits large service providers, allowing them to suppress legitimate user claims and exposing millions of Americans to potential prosecution for common online practices.
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer Rothman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
The Necessity Of The Good Person Prosecutor, Jessica A. Roth
Articles
In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.
Heretical Archives: Heterotopic Institutions And Fictive Records, Peter Goodrich
Heretical Archives: Heterotopic Institutions And Fictive Records, Peter Goodrich
Articles
No abstract provided.
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Disability, Universalism, Social Rights, And Citizenship, Samuel R. Bagenstos
Cardozo Law Review
No abstract provided.
Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola
Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola
Cardozo Law Review
Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These "rule of law"features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different vision of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple actors. Consequently, this Article contends that familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates …
3d Printing The Road Ahead: The Digitization Of Products When Public Safety Meets Intellectual Property Rights-A New Model, Shlomit Yanisky-Ravid, Kenneth S. Kwan
3d Printing The Road Ahead: The Digitization Of Products When Public Safety Meets Intellectual Property Rights-A New Model, Shlomit Yanisky-Ravid, Kenneth S. Kwan
Cardozo Law Review
This Article addresses the threats of 3D printing to both the physical and legal world. Not only does 3D printing impact products protected by intellectual property rights, it also poses risk, threats, and challenges to many other regimes, including products governed by product liability and criminal laws, which consequently threatens public safety. 3D printing virtually possesses threats to medical devices and products, threats to legal and illegal drugs, threats to human organs, threats to the food industry, and to the transportation industry, including cars, trains, and aircrafts. Ultimately, 3D printing also threatens environmental protection, workplace protections, households, and even the …