Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (57)
- Dispute Resolution and Arbitration (13)
- Jurisprudence (13)
- Comparative and Foreign Law (12)
- Constitutional Law (10)
-
- Courts (7)
- Human Rights Law (7)
- Legal History (6)
- Military, War, and Peace (6)
- International Law (5)
- Judges (5)
- National Security Law (5)
- Science and Technology Law (5)
- Criminal Law (4)
- Criminal Procedure (4)
- Communications Law (3)
- President/Executive Department (3)
- Administrative Law (2)
- Education Law (2)
- Environmental Law (2)
- Evidence (2)
- First Amendment (2)
- Law Enforcement and Corrections (2)
- Law and Race (2)
- Legal Education (2)
- Legal Profession (2)
- Legal Remedies (2)
- Civil Law (1)
- Keyword
-
- Law and Society (8)
- Rule of Law (8)
- Constitutional Law (2)
- Law Enforcement (2)
- Legal History (2)
-
- Politics (General) (2)
- Religion and the Law (2)
- Administrative Law (1)
- Business and the Law (1)
- Civil War (1)
- Clergy (1)
- Constitutional Courts (1)
- Courts (1)
- Democracy (1)
- Ethics (1)
- Health (1)
- Indigenous Law (1)
- Industry (1)
- Judges (1)
- Jurisprudence (1)
- Law and Race (1)
- Natural Law (1)
- Penology (1)
- Political Systems and Governments (1)
- Prisoners (1)
- Public Health (1)
- Public Safety (1)
- Race and Ethnicity Issues (1)
- Religious Freedom (1)
- Remedies (1)
- Publication Year
- Publication
- Publication Type
Articles 31 - 60 of 64
Full-Text Articles in Rule of Law
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Cardozo Law Review
No abstract provided.
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
The Oak And The Reed: Counter-Terrorism Mechanisms In France And The United States Of America, Antoine Garapon
Cardozo Law Review
No abstract provided.
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson
Cardozo Law Review
This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Cardozo Journal of Conflict Resolution
In the aftermath of the Cold War, there was a general belief that the demise of the major ideological drivers of conflict between East and West would bring about a major reduction in armed conflict. Then, all were stunned by the appearance of seemingly endless ethnic, religious and resource-driven civil conflicts in the 1990s, particularly the horrors of genocide in Rwanda, Srbrenica and Kosovo and the recurring and devastating conflicts in Central and West Africa. In this first decade of the 21st century, conflicts raged in the Congo and Northern Uganda, and massive atrocities have been documented in Darfur. We …
Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché
Europe, Or The Inheritance Of Responsibility, Rodolphe Gasché
Cardozo Law Review
No abstract provided.
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.
The System Of Syllogism, Richard Dien Winfield
The System Of Syllogism, Richard Dien Winfield
Cardozo Public Law, Policy & Ethics Journal
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.
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 Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
The Rule Of Law And The Legitimacy Of Constitutional Democracy, Michel Rosenfeld
Articles
The rule of law is a foundational principle of constitutional democracy, requiring the state to govern through publicly promulgated laws, separate legislative and adjudicative functions, and ensure accountability for all. While the rule of law is essential for legitimate governance, its meaning and implementation remain contested, varying significantly across legal traditions such as the Anglo-American rule of law, German Rechtsstaat, and French état de droit. The article argues that while the rule of law in its narrow sense—emphasizing legal predictability and procedural fairness—is insufficient for legitimate constitutional democracy, it must also incorporate democratic accountability and substantive rights protection to address …
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.
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 Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
Cardozo Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
Transcript Of Question And Answer Session
Justices At Work: An Introduction, Michel Rosenfeld
Justices At Work: An Introduction, Michel Rosenfeld
Cardozo Law Review
"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …
Hermann Heller - An Introduction, David Dyzenhaus
Hermann Heller - An Introduction, David Dyzenhaus
Cardozo Law Review
Hermann Heller (July 17, 1891 - November 4, 1933) came from a Jewish family in the Austro-Hungarian Empire. He interrupted his law studies to volunteer for service in the Austrian army during the First World War. His experiences as a front-line fighter left him with a heart condition which contributed to his death at the age of forty-two. But his poor health did not dampen his deeply combative spirit-a spirit which he put at the service of German social democracy. In March 1920, together with Gustav Radbruch (who had just successfully promoted Heller's Habilitation, his senior doctorate, at Kiel), …
From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman
From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman
Cardozo Law Review
Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. "Gentlemen," he remarked, "we have lived over a century in the last ten years." Corbin did not exaggerate. The Civil War and Reconstruction years witnessed changes as revolutionary as any the nation has ever experienced. And nowhere were the changes as sweeping as in the realm of constitutional law.
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Cardozo Law Review
We can greatly admire Paul Finkelman's paper on the rendition of Anthony Burns in 1854 and the problematic role played by Judge Edward Loring in returning Burns to Southern bondage. Professor Finkelman draws thoughtfully from original source materials of this famous case in the harnessing of political feeling against slavery, including the diary of Richard Henry Dana, the papers of Senator Charles Sumner, and the records of Harvard College.
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
Articles
The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.