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Articles 1 - 30 of 34
Full-Text Articles in Rule of Law
The Rhythm Of Reform, Michael Waldman
The Rhythm Of Reform, Michael Waldman
Cardozo Law Review
This year, we celebrate the 250th anniversary of our independence. In January 1776, Thomas Paine published Common Sense. Paine was an immigrant who had arrived only two years before. The pamphlet went viral, a widely bootlegged bestseller with 120,000 copies sold in its first three months in print. It galvanized support for independence and argued that the collection of colonies should become a republic. Paine wrote: “[I]n America THE LAW IS KING.”
Is that still true? We are finding out.
Today our Constitution and the institutions of self-government face extraordinary pressure. In the first two months of 2026 alone, …
Beyond Democracy: How A Free Press Supports The Rule Of Law, Erin C. Carroll
Beyond Democracy: How A Free Press Supports The Rule Of Law, Erin C. Carroll
Cardozo Law Review
Widespread agreement has existed for centuries that a free press is essential to democracy. But legal scholars have spent almost no effort thinking about why else we might need a free press. This article attempts to widen the aperture. It argues that as the free press is essential to democracy, it is just as essential to a separate value: the rule of law. Recognizing and investigating the connections between the free press and the rule of law is essential right now. It can help us discern how the press can create friction against the erosion of both rule of law …
The Good Lawyers Of January 6, W. Bradley Wendel
The Good Lawyers Of January 6, W. Bradley Wendel
Cardozo Law Review
Much of the response by the community of legal ethics and professional responsibility scholars to the 2020 presidential election has been focused on the wrongs committed by lawyers like John Eastman, Jeffrey Clark, and Kenneth Chesebro, who created the alternate elector scheme to throw the decision regarding the election to the House of Representatives. Yet there was a group of lawyers, that I will refer to as “the good lawyers of January 6,” who forcefully and unequivocally opposed this plan, refused to cooperate in its execution, advised Vice President Mike Pence that it was not legally supportable, and in some …
Accommodating Legal Ignorance, Stewart E. Sterk
Accommodating Legal Ignorance, Stewart E. Sterk
Cardozo Law Review
No abstract provided.
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Constituencies And Contemporaneousness In Reason-Giving: Thoughts And Direction After T-Mobile, Donald J. Kochan
Cardozo Law Review
This Article presents a framework for reason-giving requirements in administrative law that includes a demand on agencies that reasons be produced contemporaneously with an agency's decisions where multiple constituencies (including regulated entities), not just the courts (and judicial review), are served and respected as consumers of the reasons. The Article postulates that the January 2015 U.S. Supreme Court decision in T-Mobile South, LLC v. City of Roswell may prove to be groundbreaking and stir this framework to the forefront of administrative law decision-making. There are some fundamental, yet very understated, lessons in the T-Mobile opinion that prompt further attention and …
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Cardozo Law Review
No abstract provided.
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Precautionary Constitutionalism In Ancient Athens, Adriaan Lanni, Adrian Vermeule
Cardozo Law Review
No abstract provided.
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
The Rule Of Law And The Exemption Strategy, Kent Greenawalt
Cardozo Law Review
No abstract provided.
A Response To Professor Greenawalt, Marci A. Hamilton
A Response To Professor Greenawalt, Marci A. Hamilton
Cardozo Law Review
No abstract provided.
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Congressional Oversight Of National Security Activities: Improving Information Funnels, Heidi Kitrosser
Cardozo Law Review
No abstract provided.
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Guilty But Civilly Disobedient: Reconciling Civil Disobedience And The Rule Of Law, Matthew R. Hall
Cardozo Law Review
No abstract provided.
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.
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
Symposium On Terrorism, Globalization And The Rule Of Law: An Introduction, Stephen G. Breyer
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 …
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.
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann
Cardozo Law Review
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.
Action And Procedure In Reasoning, Johan Van Benthem
Action And Procedure In Reasoning, Johan Van Benthem
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 …
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.
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.
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.
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.
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 …