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Articles 1 - 30 of 34
Full-Text Articles in Natural Law
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
The Claims And Limits Of Justice Scalia's Textualism: Lessons From His Statutory Standing Decisions, Michael P. Healy
Cardozo Law Review
Two decisions written by Justice Scalia near the end of his life, Lexmark International Inc. v. Static Control Components, Inc., 572 U.S. 479 (2014), and Thompson v. North American Stainless, LP, 562 U.S. 170 (2011), reshaped the law of statutory standing and provide important insights into the claims and limits of textualism. These decisions have reshaped the law of statutory standing in three ways. They have changed the legal terminology; expanded the range of cases to which the zone-of-interests test applies; and changed the application of the zone-of-interests test when it applies to determine statutory standing. This Article discusses these …
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.
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David G. Carlson
The Federal Law Of Property: The Case Of Inheritance Disclaimers And Tenancy By The Entireties, David G. Carlson
Articles
The Supreme Court has issued two disturbing tax opinions which disrupt the notion that “property” (when used in federal statutes) refers to state-law notions. In Drye v. United States, the Supreme Court pierced the Arkansas fiction that inheritance disclaimers are retrospective in effect. Thus the Internal Revenue could claim that a tax lien attached to the pre-disclaimer inheritance. Disclaimer could not defeat this lien. In United States v. Craft, the Supreme Court pierced the Michigan fiction that a tenancy by the entireties does not belong to the individual spouses but, rather, the a corporate “marital” entity that is a separate …
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger
Cardozo Law Review
No abstract provided.
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.
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Lifeless Writings Or Living Script?: The Life Of Law In Plato, Middle Platonism, And Jewish Platonizers, Melissa S. Lane
Cardozo Law Review
No abstract provided.
Planning Positivism And Planning Natural Law, Martin J. Stone
Planning Positivism And Planning Natural Law, Martin J. Stone
Articles
Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …
Hart Avec Kant: On The Inseparability Of Law And Morality, David G. Carlson
Hart Avec Kant: On The Inseparability Of Law And Morality, David G. Carlson
Articles
The article critiques H.L.A. Hart's The Concept of Law from a Kantian perspective, arguing that Hart's separation thesis between law and morality is untenable. Hart's internal point of view, a cornerstone of his jurisprudence, is revealed to be indistinguishable from morality, undermining his effort to separate law from moral considerations. The analysis contends that Hart's theory ultimately collapses into a Kantian framework, where law and morality share a common form, challenging the foundational principles of legal positivism.
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
Privatizing Due Process, Paul R. Verkuil
Privatizing Due Process, Paul R. Verkuil
Articles
The article explores the concept of "private due process," arguing that while traditional due process protections under the Constitution require state action, privatization of government functions creates gaps in procedural safeguards. It examines how state laws, federal regulations, and alternative dispute resolution (ADR) mechanisms can fill these gaps and proposes a "Private Administrative Procedure Act" (PAPA) to ensure procedural fairness when government functions are delegated to private entities.
Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher
Guilt History: Benjamin's Fragment "Capitalism As Religion", Werner Hamacher
Cardozo Law Review
No abstract provided.
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen
Cardozo Law Review
No abstract provided.
Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni
Hegel's Anti-Spinozism: The Transition To Subjective Logic And The End Of Classical Metaphysics, George Di Giovanni
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Accommodating The Unauthorized Use Of Copyrighted Works For Religious Purposes Under The Fair Use Doctrine And Copyright Act § 110(3), Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Market Fundamentalism And The Trips Agreement, Thomas F. Cotter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Spinoza As Natural Lawyer, Aaron Garrett
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Law's Normativity In Spinoza's Naturalism, Otto Pfersmann
Cardozo Law Review
No abstract provided.
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Natural Law, Civil Law, And International Law In Spinoza, Manfred Walther
Cardozo Law Review
No abstract provided.
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Nietzsche Niëzky Nijinsky, C. W. Maris Van Sandelingenambacht
Cardozo Law Review
No abstract provided.
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Gay Science As Law: An Outline For A Nietzschean Jurisprudence, Jonathan Yovel
Cardozo Law Review
The main question examined in this study is not merely how a Nietzschean critique of law would look had Nietzsche ever applied his genealogical method to the question of law, but also what positive function Nietzschean philosophy may ascribe to law - and how law must then be transformed. The methodological parable imagines a "post-genealogy" or "post-ressentiment" phase of the human condition, akin to the Marxist "post-revolutionary" phase: How would law look for the person of power - overman or otherwise - who needs to live among others? How is normativity possible - what are its forms and …
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Nietzsche And Aretaic Legal Theory, Kyron Huigens
Cardozo Law Review
No abstract provided.
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Origins Of The Game Theory Of Law And The Limits Of Harmony In Plato's Laws, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Communicative Power And The Concept Of Law, Ulrich K. Preub
Communicative Power And The Concept Of Law, Ulrich K. Preub
Cardozo Law Review
The idea that the law was founded on the self-interest and the will of rational individuals was first developed and proven in the social contract theories of Hobbes, Locke, and Rousseau. These theorists reacted-admittedly, in extremely different ways-to the problem of finding a collective basis in a world which had lost its common religious fundaments and the economic basis of feudal communal life. The European world of the seventeenth century had fallen apart. The universalism of the catholic world had been replaced by a plurality of subjective worldviews championed by individuals, groups, sects, and new social entities. How could one …
Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas
Law's Birth And Antigone's Death: On Ontological And Psychoanalytical Ethics, Costas Douzinas
Cardozo Law Review
Where is the site of law's emergence? What opens the field of ethicity? Where does the law come from? Is there a ground of emergence of ethics and of obligation, rather is there a being obligated that arises before any obligation, a duty bound that precedes any particular duty? Our inquiry will attempt to trace the "question of law"-of law's origins and of its value, of law's validity and of its force. Does the law come from the burial ground of the primordial Father? Or from the places of the double murder of the Son and the Daughter? Or, finally, …
On The Efficiency Of Secured Lending, David G. Carlson
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.
Comment, Agnes Heller
The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen
The Interdisciplinary Future Of Copyright Theory, Alfred C. Yen
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Some Comments On Deconstruction, Justice And The Ethical Relationship, Seyla Benhabib
Cardozo Law Review
Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1
Revolution - At Night?, Thomas Keenan