Legislation Commons^™

Mediation: The Romantic Days Continue, Lela P. Love

Articles

No abstract provided.

America Tries To Come To Terms With Terrorism: The United States Anti-Terrorism And Effective Death Penalty Act Of 1996 V. British Anti-Terrorism Law And International Response, Roberta Smith

Cardozo Journal of International and Comparative Law

The note examines the legal and policy responses to terrorism, focusing on the tension between combating terrorism effectively and safeguarding civil liberties. It critiques the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) and comparable international measures, arguing that while these laws aim to address the growing threat of terrorism, they risk infringing on constitutional rights and international cooperation. The analysis highlights the challenges of balancing security concerns with democratic values and the need for coordinated global strategies to counter terrorism.

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

Text, Purpose, Capacity And Albertson's: A Response To Professor Geier, Edward A. Zelinsky

Articles

In a recent issue of the Florida Tar Review, Professor Deborah Geier added yet another chapter to the running commentary on the Albertson's litigation, using that case to demonstrate her theories of statutory purpose and to criticize, in particular, statutory textualism as she conceives of it. Professor Geier correctly identifies the underlying issues in Albertson's-the role of statutory purpose, the differing institutional capacities of the Congress and the courts, fidelity to statutory text-but resolves those issues in ways that prompt me to rebuttal.

While I commend Professor Geier for her effort to explicate many important questions about the Code and …

Cyberlaw And Social Change: A Democratic Approach To Copyright Law In Cyberspace, Niva Elkin-Koren

Cardozo Arts & Entertainment Law Journal

No abstract provided.

An Argument For Universal Pediatric Hiv Testing, Counseling And Treatment, Colin Crawford

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory pediatric HIV testing, counseling, and treatment are essential to address a public health emergency, overriding constitutional concerns. The author, Colin Crawford, asserts that early detection and treatment significantly improve the lives of HIV-positive children, making it a compelling state interest that should take precedence over privacy and autonomy concerns.

Making Equality Law More Effective: Lessons From The German Experience, Ninon Colneric

Cardozo Journal of Equal Rights & Social Justice

The article examines the evolution and effectiveness of equality law in Germany, particularly focusing on gender equality. It highlights the significant influence of European Community (EC) law on German legislation and discusses the challenges in implementing these laws to achieve substantial gender equality. The analysis reveals that while progress has been made, there are persistent issues in effectively enforcing these laws.

Constitutional Constancy: Why Congress Should Cure Itself Of Amendment Fever, Kathleen M. Sullivan

Cardozo Law Review

The annual Benjamin N. Cardozo Lecture was delivered at the House of the Association on October 25, 1995, in memory of Benjamin N. Cardozo.

United Mizrahi Bank V. Migdal Cooperative Village, Aharon Barak, Gavriel Bach, Eliezer Goldberg, Dov Levin, Eliahu Mazza, Tzevi Eliyahu Tal, Itzchak Zamir, Meir Shamgar, Mishael Cheshin

Translated Opinions

The Family Agricultural Sector (Arrangements) Law was adopted by the Knesset in 1992, as part of an attempt to rehabilitate Israel’s agricultural sector following a severe economic crises. To that end, the law established a body called the “rehabilitator,” which was granted broad authority to settle, restructure and cancel debts that had been created up to the end of 1987. In 1993, the Knesset found it necessary to intervene again, and amended the law. Among other changes, the Family Agricultural Sector (Arrangements) (Amendment) Law, 5753-1993, redefined the debts subject to the law, and extended the applicable time period so that …

The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …

Social Legislation In The European Community And In The Member States-A Case Of Subsidiarity?, Reinhard Rack

Cardozo Journal of International and Comparative Law

The article examines the principle of subsidiarity within the European Community (EC), highlighting its role in balancing power between the EC and its Member States. While subsidiarity, formalized in the Maastricht Treaty, aims to ensure decision-making occurs at the most effective level, its application often serves political rather than legal purposes, particularly in social legislation. The article critiques the ambiguity of subsidiarity, questioning whether it effectively limits EC power or remains a political tool influenced by public opinion and referendums. It also explores the integration of non-Member States, such as EFTA countries, into the EC framework, emphasizing the challenges of …

On The Efficiency Of Secured Lending, David G. Carlson

Articles

The article challenges the Law and Economics movement's assertion that secured lending is inefficient, arguing instead that it can be efficient by reducing risk and lowering the cost of credit. Carlson contests the movement's reliance on outdated theories like the Modigliani-Miller model, which he believes fails to account for real-world factors such as time and risk. He posits that secured lending can prevent debtor misbehavior, thereby making credit more accessible and reducing risks for creditors.

Germany's Environmental Take-Back Legislation: Ensuring What Goes Around Comes Around, Bryan A. Liang, Shannon M. Biggs

Cardozo Journal of International and Comparative Law

The article argues that Germany's 1991 "Ordinance on the Avoidance of Packaging Waste" provides a successful model for waste management by shifting the financial and operational responsibility for packaging disposal from the public sector to producers and distributors. By utilizing market-based incentives and industry-funded infrastructure, the analysis contends that Germany has fostered technological innovation and economic advantages in the recycling sector.

Administrative Agency Obsolescence And Interest Group Formation: A Case Study Of The Sec At Sixty, Jonathan R. Macey

Cardozo Law Review

A fundamental precept of American law and jurisprudence is that "laws must change to meet the needs of changing times." In particular, the common law system of judging was thought to constitute a uniquely effective mechanism for dealing with the demands posed by rapid change. As Guido Calabresi presciently has observed, during the nineteenth century judges "creatively manipulated and changed common law rules in reaction to changing circumstances," and thereby "the common law was openly and legitimately kept up to date." But, as Dean Calabresi has observed, times have changed. The United States has become a nation dominated by statutes …

Moral Rights Protection And Resale Royalties For Visual Art In The United States: Development And Current Status, Edward J. Damich

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Response To Bert Van Roermund, Richard H. Weisberg

Articles

The article responds to Bert van Roermund's arguments about the relationship between law and literature, emphasizing that literature serves as a unique jurisprudential source when it mimetically imitates legal expression. The author argues that literature's value lies in its ability to capture the narrative structures of legal communication, particularly in genres like the novel or novella, which self-consciously replicate legal narrativity. This mimetic quality distinguishes literature from other forms of art and makes it uniquely relevant to legal theory.

Jacob Burns's Generosity, June D. Wolfman

Cardozo Law Review

At Benjamin N. Cardozo School of Law, as in so many other places, Mr. Jacob Bums is known for his exceptionally generous financial contributions. Through the Jacob Bums Scholars Program, I had the opportunity to meet Mr. Bums on several occasions. It was clear to me, and to all of us in the program, that Mr. Bums's support of our school and its students was far more than financial. Mr. Bums supported our student body from his heart.

Presidential Interpretation Of The Constitution, David A. Strauss

Cardozo Law Review

May the executive branch disagree with the Supreme Court's interpretation of the Constitution, and act in accordance with its own view? We tend to associate this question with a few great constitutional crises. Disputes between President Jackson and the Supreme Court over the Bank of the United States; between President Lincoln and the Court over slavery; and between President Franklin Roosevelt and the Court over New Deal legislation, all produced memorable statements by presidents claiming a broad power to act independently from the Court's decisions. The school desegregation controversy was between the Court and some state governments, not the President, …

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Cardozo Law Review

The United States Constitution is remarkably silent on the subject of ultimate responsibility for constitutional interpretation, despite its elaborate prescriptions for a scheme of separation of powers that interweaves elements of independence and of interdependence among the distinct branches of the federal government. It is hardly surprising, therefore, that there have been several disputes between the President and the Supreme Court concerning the scope of executive autonomy in constitutional interpretation. In recent years, moreover, the conflict between judicial authority and executive autonomy has been exacerbated by efforts to legitimize presidential interpretations of the Constitution that are inconsistent with Supreme Court …

Living Under Siege: Do Stalking Laws Protect Domestic Violence Victims?, Susan E. Bernstein

Cardozo Law Review

Nearly thirty percent of all women murdered in America are killed by their husbands or boyfriends, and as many as ninety percent of them have been stalked.

Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh

Cardozo Law Review

Pardon me if I act like a black sheep at this symposium of Office of Legal Counsel ("OLC") alumni. Like most OLC alumni, I share the genuine affection and respect for the Office and its traditions that this symposium reflects. But at the same time, I cannot fully accept the undertone of self-congratulation that pervades this panel's two principal papers. My discomfort grows from the inordinate amount of time that I have spent over the last few years disagreeing with OLC positions, particularly in three areas of United States foreign policy. The first concerns the "Iran-Contra" prosecution of Oliver North …

In Appreciation Of Jack Burns, Frank J. Macchiarola

Cardozo Law Review

Jacob Burns was a good and gentle man. He did many fine and generous things in his lifetime, but the qualities that best describe him are the personal ones-good and gentle. The gentleness did not mean that he was unable to handle difficult matters or to exert the kind of strength that gave others solace. It meant that through these situations there was a contentment that always reassured the rest of us. The gentleness came from his concern for others and in the way he approached people. It was always thrilling for me to see Jack Burns in the company …

Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack

Cardozo Law Review

No abstract provided.

The Screening Of Jacques Tati: Broadcasting And Cultural Identity In The European Community, Richard Collins

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Girls Lean Back Everywhere: The Law Of Obscenity And The Assault On Genius, Chapter 30, Edward De Grazia

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder

Cardozo Journal of Equal Rights & Social Justice

The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.

Voice And Text In Constitutionalism, Ferenc Feher

Cardozo Law Review

No abstract provided.

The Belief/Conduct Paradigm In The Supreme Court's Free Exercise Jurisprudence: A Theological Account Of The Failure To Protect Religious Conduct, Marci A. Hamilton

Articles

No abstract provided.

Authority And Authenticity: Scribbling Authors And The Genius Of Print In Eighteenth-Century England, Marlon B. Ross

Cardozo Arts & Entertainment Law Journal

No abstract provided.