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Articles 451 - 480 of 519
Full-Text Articles in Rule of Law
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Michigan Journal of International Law
Whatever their differences, the articles in this issue also have much in common in addition to their regional focus. The author of this Comment shall discuss in turn three (related) theoretical issues that arise, to a greater or lesser degree, in all four contributions. The first Part of this Comment considers the insights of these articles on the need to move from discussing transplants to focusing on transnational legal processes. The second Part examines what the contributions tell us about culture, legal culture, and the so-called "norm of conformity." I shall concentrate in particular on the cultural sources of choices …
Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché
Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché
Cardozo Law Review
No abstract provided.
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell
Faculty Works
The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.
The Enemy Has No Future: Figure Of The >Political, Anselm Haverkamp
The Enemy Has No Future: Figure Of The >Political, Anselm Haverkamp
Cardozo Law Review
No abstract provided.
Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port
Article 9 Of The Japanese Constitution And The Rule Of Law, Kenneth L. Port
Cardozo Journal of International and Comparative Law
The article argues that Article 9 of the Japanese Constitution was originally intended to prevent Japan from maintaining any military forces, whether for offensive or defensive purposes. Despite this, Japan now has the fourth-largest military in the world, creating a contradiction between the Constitution's intent and current reality. The article contends that the Self-Defense Forces (SDF) are unconstitutional and proposes converting them into a disaster relief organization to align with the original pacifist vision of Article 9.
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Cardozo Law Review
No abstract provided.
"Dragonslaying." Review Of Democracy Defended, By G. Mackie, Donald J. Herzog
"Dragonslaying." Review Of Democracy Defended, By G. Mackie, Donald J. Herzog
Reviews
Early in the Iliad, the Achaians convene an assembly. There are a lot of them and they're unruly, too. "[Tihe place of their assembly was shaken, and the earth groaned / as the people took their positions and there was tumult. Nine heralds / shouting set about putting them in order, to make them cease their / clamour and listen to the kings beloved of Zeus."' Clutching the scepter that has come to him ultimately from Zeus, the very symbol of his right to speak and be heard, Agamemnon bitterly proposes that the Achaians give up. Nine years of struggle …
Vultures In Eagles' Clothing: Conspiracy And Racial Fantasy In Populist Legal Thought, Angela P. Harris
Vultures In Eagles' Clothing: Conspiracy And Racial Fantasy In Populist Legal Thought, Angela P. Harris
Michigan Journal of Race and Law
This Article has three interrelated aims. First, I will briefly describe the online world of the legal populists. My second aim in this Article is to give an account of legal populism that connects it with the American tradition of conspiracy theory and with the political consciousness of survivalism. My third and final aim in this Article is to examine, as David Williams has done in a wonderful series of articles, the relationship between the nation dreamed of by many legal populists and the one inhabited by state-sanctioned legal insiders.
Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton
Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton
Faculty Works
The magnitude of the Harry Potter phenomenon alone would make it worthy of consideration; the fact that it is children's literature, and thus may play a significant part in forming a future generation's attitudes toward law and legal institutions, makes it even more so. The various contributions to this article explore various aspects of law and culture as presented in or viewed through the Harry Potter stories. The contributions of James Charles Smith and Danaya Wright address the depiction of families in the narratives and the limited role and development of family law. Benjamin H. Barton's contribution considers the failings …
The System Of Syllogism, Richard Dien Winfield
The System Of Syllogism, Richard Dien Winfield
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Haitian Refugees And The Rule Of Law, Irwin P. Stotzky
Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar
San Diego International Law Journal
This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …
Law's Lunacy: W.S. Gilbert And His Deus Ex Lege, Jeffrey G. Sherman
Law's Lunacy: W.S. Gilbert And His Deus Ex Lege, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Religious Institutions, The No-Harm Doctrine, And The Public Good, Marci A. Hamilton
Articles
No abstract provided.
The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton
The Establishment Clause During The 2004 Term: Big Cases, Little Movement, Marci A. Hamilton
Articles
No abstract provided.
Moving Away From The Rule Of Law: Military Tribunals, Executive Detentions And Torture, Michael Ratner
Moving Away From The Rule Of Law: Military Tribunals, Executive Detentions And Torture, Michael Ratner
Cardozo Law Review
No abstract provided.
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
Beyond Napster, Beyond The United States: The Technological And International Legal Barriers To On-Line Copyright Enforcement, Jeffrey L. Dodes
NYLS Law Review
No abstract provided.
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
NYLS Law Review
No abstract provided.
Logical Argumentation, Abduction And Bayesian Decision Theory: A Bayesian Approach To Logical Arguments And Its Application To Legal Evidential Reasoning, David Poole
Cardozo Law Review
There are good normative arguments for using Bayesian decision theory for deciding what to do. However, there are also good arguments for using logic where we want formal semantics for a language, and where we want to use the structure of logical argumentation with logical variables to represent multiple individuals (things). This Article shows how decision theory and logical argumentation can be combined into a coherent framework. The Independent Choice Logic ("ICL") can be viewed as a first-order representation of belief networks with conditional probability tables represented as first-order rules, or as a abductive/argument-based logic with probabilities over assumables. Intuitively …
Action And Procedure In Reasoning, Johan Van Benthem
Action And Procedure In Reasoning, Johan Van Benthem
Cardozo Law Review
No abstract provided.
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
The Undersell: An Essay On Duncan Kennedy's A Critique Of Adjudication, Jane B. Baron
Cardozo Law Review
No abstract provided.
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety
Cardozo Law Review
No abstract provided.
Legal Culture And The Practice: Postmodern Depiction Of The Rule Of Law, Jeffrey E. Thomas
Legal Culture And The Practice: Postmodern Depiction Of The Rule Of Law, Jeffrey E. Thomas
Faculty Works
Professor Thomas suggests that the television series the practice breaks from tradition by portraying the law as arbitrary and subject to manipulation. On one hand, its narratives show that law may require the guilty to be set free. On the other hand, the law sometimes fails to protect the innocent. Outcomes often turn on extralegal factors such as luck, race, or heroic efforts. This portrayal is a "postmodern" depiction of the rule of law. The narratives from the practice deconstruct the traditional rule of law hierarchy by showing that the rule of man can lead to more just results. The …
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Rule Of Law And The Limits Of Sovereignty: The Private Prison In Jurisprudential Perspective, Ahmed A. White
Publications
No abstract provided.
Rulemaking, Michael Herz
The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder
The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder
Articles
The article explores the evolving roles of modern lawyers, highlighting the tension between traditional duties like confidentiality and newer disclosure obligations, particularly in securities law. It employs Lacan's discourse theory to analyze legal roles, categorizing them into master, university, analyst, and hysteric discourses. The article argues that understanding these discourses can inform ethical frameworks and professional responsibilities, advocating for a nuanced approach to legal representation.
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Schmittian Positions On Law And Politics?: Cls And Derrida, John P. Mccormick
Cardozo Law Review
No abstract provided.
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Cardozo Law Review
No abstract provided.
Why Is Religious Liberty The "First Freedom"?, Michael W. Mcconnell
Why Is Religious Liberty The "First Freedom"?, Michael W. Mcconnell
Cardozo Law Review
No abstract provided.
The Foundations Of Liberty, Lawrence B. Solum
The Foundations Of Liberty, Lawrence B. Solum
Michigan Law Review
Randy Barnett's The Structure of Liberty is an ambitious book. The task that Barnett sets himself is to offer an original and persuasive argument for a libertarian political theory, a theory that challenges the legitimacy of the central institutions of the modern regulatory-welfare state. The Structure of Liberty is that rare creature, a book that delivers on most of the promises it makes. Already the book is on its way to becoming a contemporary classic, the successor in interest to Robert Nozick's Anarchy, State and Utopia as a source of ideas and arguments for the revitalization of an important intellectual …