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Yeshiva University, Cardozo School of Law

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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 Mar 2006

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 Mar 2006

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 Feb 2006

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 Jan 2006

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 Nov 2005

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 May 2005

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 Apr 2005

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 Feb 2005

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.


The System Of Syllogism, Richard Dien Winfield Dec 2004

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 Jan 2004

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 Jan 2004

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 Apr 2003

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 Jul 2001

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 Jul 2001

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 Jul 2001

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 Mar 2001

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 Mar 2001

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.


Rulemaking, Michael Herz Jan 2001

Rulemaking, Michael Herz

Articles

No abstract provided.


The Four Discourses Of Law: A Lacanian Analysis Of Legal Practice And Scholarship, Jeanne L. Schroeder Nov 2000

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 May 2000

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 Feb 2000

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 Feb 2000

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 May 1998

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 Mar 1998

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 Dec 1997

Transcript Of Question And Answer Session

Cardozo Law Review

No abstract provided.


Justices At Work: An Introduction, Michel Rosenfeld May 1997

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 Dec 1996

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 May 1996

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 May 1996

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 Jan 1996

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.