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Articles 31 - 60 of 223
Full-Text Articles in Legal History
Threshold Liberty, Dawinder S. Sidhu
Threshold Liberty, Dawinder S. Sidhu
Cardozo Law Review
The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent - which holds that the Amendment prohibits the "badges and incidents" of slavery, and that Congress has the power to "rationally" determine what constitutes a "badge or incident" of slavery - raises serious federalism and separation of powers concerns. To make matters worse, the Court itself has recently restricted the enforcement provisions of the Fourteenth Amendment (in City of Boerne v. Flores) and Fifteenth Amendment (in Shelby County v. Holder), rendering the generous bounds of the Thirteenth Amendment enforcement power an outlier among the …
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff
Essays In Response To Michael Waldman's The Second Amendment: A Biography: Introduction, Adam Riff
Cardozo Law Review
No abstract provided.
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty
Can The Quill Be Mightier Than The Uzi?: History "Lite," "Law Office," And Worse Meets The Second Amendment, Martin S. Flaherty
Cardozo Law Review
No abstract provided.
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman
The Living Constitution And The Second Amendment: Poor History, False Originalism, And A Very Confused Court, Paul Finkelman
Cardozo Law Review
No abstract provided.
Public Danger, James Dawson
Public Danger, James Dawson
Cardozo Law Review
This Article provides the first account of the term "public danger," which appears in the Grand Jury Clause of the Fifth Amendment. Drawing on historical records from the seventeenth and eighteenth centuries, the Article argues that the proper reading of "public danger" is a broad one. On this theory, "public danger" includes not just impending enemy invasions, but also a host of less serious threats (such as plagues, financial panics, jailbreaks, and natural disasters). This broad reading is supported by constitutional history. In 1789, the first Congress rejected a proposal that would have replaced the phrase "public danger" in the …
Defining "Navigability": Balancing State-Court Flexibility And Private Rights In Waterways, Maureen E. Brady
Defining "Navigability": Balancing State-Court Flexibility And Private Rights In Waterways, Maureen E. Brady
Cardozo Law Review
Over the course of American history, state courts have eliminated property rights in waterways through a quirk of public trust law: declaring the water in question to be "navigable" makes it public property, while declaring it "non-navigable" leaves the water subject to private control. The historical record is flooded with examples of these declarations by state courts. While some navigability rulings have protected public rights in waters against irrational private claims, others have abused this peculiarity to seize private property to placate irate, and even violent, interest groups.
The scope of this authority to craft navigability doctrine - especially whether …
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Cardozo Law Review
America was born in revolution. Outraged at numerous abuses by the British crown - to include the conduct of British soldiers in the colonists' daily lives - Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation's formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully coopted the framers' earlier concerns of a standing army and passed a …
Employer Perceptions Of Trans Women's Sex And Behavior In Title Vii Sex Stereotyping Claims: The Case For Reading Price Waterhouse V. Hopkins As A Blanket Prohibition Of Gender Policing By Employers, Alexandra Fiona Mcspedon
Employer Perceptions Of Trans Women's Sex And Behavior In Title Vii Sex Stereotyping Claims: The Case For Reading Price Waterhouse V. Hopkins As A Blanket Prohibition Of Gender Policing By Employers, Alexandra Fiona Mcspedon
Cardozo Law Review
No abstract provided.
The Infringement Continuum, Bernard Chao
The Infringement Continuum, Bernard Chao
Cardozo Law Review
For many years, patent law has struggled with the issue of permissible claim scope. A patent's specification and its claims often suffer from a surprising disconnect. The specification generally describes an invention in terms of one or more specific implementations, suggesting a relatively narrow invention. But claims are drafted far more broadly. They frequently encompass unforeseen variations and even cover after-arising technology.
Although there are numerous existing doctrines that try to prevent claims from straying too far from their specification, these doctrines offer binary outcomes ill suited for patent law. Under these doctrines, as a claim encompasses subject matter further …
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Constitutionalism Ancient And Early Modern: The Contributions Of Roman Law, Canon Law, And English Common Law, Janelle Greenberg, Michael J. Sechler
Cardozo Law Review
No abstract provided.
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Cardozo Law Review
No abstract provided.
Tyrant-Killing Legislation And The Political Foundation Of Ancient Greek Democracy, David A. Teegarden
Tyrant-Killing Legislation And The Political Foundation Of Ancient Greek Democracy, David A. Teegarden
Cardozo Law Review
No abstract provided.
The Origins And Import Of Republican Constitutionalism, Clifford Ando
The Origins And Import Of Republican Constitutionalism, Clifford Ando
Cardozo Law Review
No abstract provided.
Roman Roots For An Imperial Presidency: Revisiting Clinton Rossiter's 1948 Constitutional Dictatorship: Crisis Government In The Modern Democracies, David Rudenstine
Roman Roots For An Imperial Presidency: Revisiting Clinton Rossiter's 1948 Constitutional Dictatorship: Crisis Government In The Modern Democracies, David Rudenstine
Cardozo Law Review
No abstract provided.
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
A Short History Of "Intellectual Property" In Relation To Copyright, Justin Hughes
Cardozo Law Review
No abstract provided.
Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Madison's Full Faith And Credit Clause: A Historical Analysis, Charles M. Yablon
Cardozo Law Review
The Defense of Marriage Act (DOMA) has created a new wave of interest in the Full Faith and Credit Clause and its apparent contradictions. Important recent scholarship has shown that American lawyers in the eighteenth century often viewed the term "full faith and credit" as referring to an evidentiary rule. This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. Rather than seek …
Paul R. Verkuil, Antonin Scalia
Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller
Paul Verkuil As Institution Builder: The Cardozo Story, Matthew Diller
Cardozo Law Review
No abstract provided.
Paul Verkuil: An Outstanding Scholar In His Spare Time, Richard J. Pierce Jr.
Paul Verkuil: An Outstanding Scholar In His Spare Time, Richard J. Pierce Jr.
Cardozo Law Review
No abstract provided.
Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin
Statutory Time Limits On Judicial Review Of Rules: Verkuil Revisited, Ronald M. Levin
Cardozo Law Review
No abstract provided.
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey S. Lubbers
Paul Verkuil's Projects For The Administrative Conference Of The U.S. 1974-1992, Jeffrey S. Lubbers
Cardozo Law Review
No abstract provided.
Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw
Rethinking Judicial Review Of Administrative Action: A Nineteenth Century Perspective, Jerry L. Mashaw
Cardozo Law Review
No abstract provided.
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Conservative Eras In Supreme Court Decision-Making: Employment Division V. Smith, Judicial Restraint, And Neoconservatism, Stephen M. Feldman
Cardozo Law Review
No abstract provided.
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Employment Division V. Smith At The Supreme Court: The Justices, The Litigants, And The Doctrinal Discourse, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Employment Division V. Smith: "The Sky That Didn't Fall", David B. Frohnmayer
Cardozo Law Review
No abstract provided.
A Uniform Test For The Equitable Subrogation Of Mortgages, Sang Jun Yoo
A Uniform Test For The Equitable Subrogation Of Mortgages, Sang Jun Yoo
Cardozo Law Review
No abstract provided.
Acontextual Judicial Review, Louis Michael Seidman
Acontextual Judicial Review, Louis Michael Seidman
Cardozo Law Review
No abstract provided.
Useless Property, Rashmi Dyal-Chand
Useless Property, Rashmi Dyal-Chand
Cardozo Law Review
In his exposition of an economic theory of property rights, Harold Demsetz reinforced a foundational assumption in property law: that private ownership is the best way to harness resources for wealth-building purposes. Implicit in Demsetz's model is the largely undefined belief that private ownership will incentivize appropriate use of the property because such use produces higher exchange value. This Article identifies a blind spot in Demsetz's theory that has largely escaped attention in property law and theory. While fully acknowledging the powerful connection between use and exchange value delineated by Demsetz, it argues that, in disparate markets for new or …
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Corporate Prerogative, Race, And Identity Under The Fourteenth Amendment, John A. Powell, Caitlin Watt
Cardozo Law Review
No abstract provided.
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig
Politics As Usual? The Political Question Doctrine In Holocaust Restitution Litigation, Sarah Willig
Cardozo Law Review
No abstract provided.