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Cardozo Law Review

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Articles 91 - 120 of 163

Full-Text Articles in Legislation

Shattered Dreams: Hazing In College Athletics, Joshua A. Sussberg Mar 2003

Shattered Dreams: Hazing In College Athletics, Joshua A. Sussberg

Cardozo Law Review

No abstract provided.


Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden Jan 2003

Individual Law: On Some Aspects Of Nietzsche's Juridical And Aesthetic Discourse, Wolfert Von Rahden

Cardozo Law Review

No abstract provided.


Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes' Applicability To Health Insurance, Sharona Hoffman Mar 2002

Aids Caps, Contraceptive Coverage, And The Law: An Analysis Of The Federal Anti-Discrimination Statutes' Applicability To Health Insurance, Sharona Hoffman

Cardozo Law Review

No abstract provided.


Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss Mar 2002

Losing Sight Of The Utilitarian Forest For The Retributivist Trees: An Analysis Of The Role Of Public Opinion In A Utilitarian Model Of Punishment, Andrew R. Strauss

Cardozo Law Review

No abstract provided.


Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer Feb 2002

Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer

Cardozo Law Review

No abstract provided.


Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine Jan 2002

Lord Elgin And The Ottomans: The Question Of Permission, David Rudenstine

Cardozo Law Review

No abstract provided.


Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson Nov 2001

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.


The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron Mar 2001

The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron

Cardozo Law Review

No abstract provided.


Avoidance Theory According To Steve Nickles, David Gray Carlson Mar 2001

Avoidance Theory According To Steve Nickles, David Gray Carlson

Cardozo Law Review

No abstract provided.


The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy Jan 2001

The Homosexual-Advance Defense And Hate Crimes Statutes: Their Interaction And Conflict, Scott D. Mccoy

Cardozo Law Review

No abstract provided.


Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson Jan 2001

Requiring Accountability Among Those Who Sell Firearms: Ignorance Of The Law Should Not Be An Excuse, Uri Matthew Myerson

Cardozo Law Review

No abstract provided.


Liberalism And Emergency Powers In Latin America: Reflections On Carl Schmitt And The Theory Of Constitutional Dictatorship, Gabriel L. Negretto, José Antonio Aguilar Rivera May 2000

Liberalism And Emergency Powers In Latin America: Reflections On Carl Schmitt And The Theory Of Constitutional Dictatorship, Gabriel L. Negretto, José Antonio Aguilar Rivera

Cardozo Law Review

No abstract provided.


The Economic State Of Emergency, William E. Scheuerman May 2000

The Economic State Of Emergency, William E. Scheuerman

Cardozo Law Review

No abstract provided.


Mother, May We?, Steven D. Smith Dec 1999

Mother, May We?, Steven D. Smith

Cardozo Law Review

No abstract provided.


Remove Not The Ancient Landmark: Legal Protection For Historic Religious Properties In An Age Of Religious Freedom Legislation, Laura S. Nelson Dec 1999

Remove Not The Ancient Landmark: Legal Protection For Historic Religious Properties In An Age Of Religious Freedom Legislation, Laura S. Nelson

Cardozo Law Review

No abstract provided.


The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg Dec 1999

The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg

Cardozo Law Review

No abstract provided.


Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh Dec 1999

Intermediate Questions Of Religious Exemptions - A Research Agenda With Test Suites, Eugene Volokh

Cardozo Law Review

No abstract provided.


Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno Dec 1999

Child Protection As A Judicial Burden On Religion And The Impact Of Religious Liberty Legislation, Robert J. Bruno

Cardozo Law Review

No abstract provided.


Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz May 1999

Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz

Cardozo Law Review

No abstract provided.


Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen Jan 1999

Legislative Implications Of Reasserting Congressional Authority Over Regulations, William A. Niskanen

Cardozo Law Review

No abstract provided.


Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil Jan 1999

Controlling Chevron-Based Delegations, Ernest Gellhorn, Paul Verkuil

Cardozo Law Review

No abstract provided.


Representation And Nondelegation: Back To Basics, Marci A. Hamilton Jan 1999

Representation And Nondelegation: Back To Basics, Marci A. Hamilton

Cardozo Law Review

No abstract provided.


Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel May 1998

Casey "Versus" Salerno: Determining An Appropriate Standard For Evaluating The Facial Constitutionality Of Abortion Statutes, Skye Gabel

Cardozo Law Review

No abstract provided.


When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg Jul 1997

When Is A Mortgage Guarantee Not Worth The Price Of A Notary? - The Incongruent Judicial Application Of New York’S Deficiency Judgment Statute, Benjamin Gruberg

Cardozo Law Review

Collateral for a mortgage is usually real property which, in the event that the mortgagor (borrower) defaults, is often sold by the mortgagee (lender) in a foreclosure sale. When the collateral consists of multiple parcels of real property and sale of the first parcel fails to realize the full amount of the outstanding debt, a deficiency results. The mortgagee next expects to sell the remaining properties in an attempt to secure full payment of this deficiency.


Constitutional Constancy: Why Congress Should Cure Itself Of Amendment Fever, Kathleen M. Sullivan Jan 1996

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.


Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber Apr 1995

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, …


Administrative Agency Obsolescence And Interest Group Formation: A Case Study Of The Sec At Sixty, Jonathan R. Macey Jan 1994

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 …


Jacob Burns's Generosity, June D. Wolfman Oct 1993

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 Oct 1993

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 Oct 1993

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 …