Supreme Court of the United States Commons^™

Opinion Writing And Opinion Readers, Ruggero J. Aldisert, Meehan Rasch, Matthew P. Bartlett

Cardozo Law Review

No abstract provided.

Religious Arguments And The United States Supreme Court: A Review Of Amicus Curiae Briefs Filed By Religious Organizations, Andrew S. Mansfield

Cardozo Public Law, Policy & Ethics Journal

The article examines the role of religious organizations in shaping legal arguments before the Supreme Court, particularly in cases involving morally charged issues. It highlights the tension between the Court's avoidance of explicit religious discussions in its decisions and the significant influence of religious amicus briefs. The analysis reveals two primary approaches: limiting religion's role in government and advocating for religion's active participation in public life to define a common good. The Court's silence on religious matters contrasts with the substantial religious arguments presented in briefs, which often emphasize ethical and legal perspectives rooted in religious beliefs.

Arguments In Favor Of The Triumph Of Arbitration, Thomas E. Carbonneau

Cardozo Journal of Conflict Resolution

Organized discussions among legal scholars rarely instigate roiling controversies. Truth be told, it is generally deemed an achievement to maintain a wakeful state during these enclaves. The Cardozo Journal of Conflict Resolution Conference gauging the future of arbitration was exceptional in a number of respects. The topics and presentations were invigorating. Several practitioners, in particular, delivered outstanding papers. The sponsoring student journal demonstrated nimble managerial skills. No stone of accommodation or convenience was left unturned for the participants. I was also very impressed with the young academic lawyers who are active in the area of arbitration. Their contribution and commentary …

Justice Kennedy's Short-Lived Libertarian Revolution: A Brief History Of Supreme Court Libertarian Ideology, Stephen O'Hanlon

Cardozo Public Law, Policy & Ethics Journal

This paper contends that Justice Anthony Kennedy did not initiate a libertarian jurisprudential revolution following Lawrence v. Texas. The article begins with an overview of constitutional fundamental rights jurisprudence and examines similarities with libertarian theory.

The paper then assesses the legal decisions of Justice Kennedy but concludes that Justice Kennedy is not a libertarian. This provides the basis for critiquing Professor Randy Barnett's assertion that Justice Kennedy was the instigator of a libertarian revolution in U.S. Supreme Court jurisprudence. The fact that Justice Kennedy is not a libertarian is apparent from his reasoning in the recent partial birth abortion …

The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung

Cardozo Public Law, Policy & Ethics Journal

The note examines the disparity between the Sixth Amendment's promise of counsel for indigent defendants and the realities of its implementation, arguing that while landmark cases like Gideon v. Wainwright established the right to appointed counsel in state criminal proceedings, significant gaps remain in ensuring effective representation. The analysis highlights systemic issues such as inadequate funding, excessive caseloads, and limited access to resources, which undermine the fairness of criminal trials. The note advocates for increased funding, reduced caseloads, and clearer standards for effective assistance of counsel to fulfill the constitutional guarantee of equal justice.

Operatic Hermeneutics: Harmony, Euphantasy, And Law In Rossini's Semiramis, Peter Goodrich

Cardozo Law Review

No abstract provided.

Benjamin Cardozo On The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

No abstract provided.

William Gardiner Hammond And The Lieber Revival, Paul D. Carrington

Cardozo Law Review

Francis Lieber's Legal and Political Hermeneutics was first published in serial form in 1837. Jacksonian populism was then at high water and American judges and lawyers were acknowledged as politicians. Interpretation of legal texts was seen as a political activity. His work was so well received that a hard cover edition was published in 1839.

The edition presented in this issue was prepared by William Gardiner Hammond in 1880. Jacksonian politics were then in retreat before a rising tide of technocratic professionalism. Many lawyers and judges were disowning the political mission of American law and aspiring to be technocrats. To …

An Introduction To Environmental Law In The United States, Michael E. Herz

Articles

No abstract provided.

Determining The Role Of Psychological Bonding In New York Foster Care Law, Brian L. Greben

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Deference Running Riot: Separating Interpretation And Lawmaking Under Chevron, Michael E. Herz

Articles

No abstract provided.

Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar

Cardozo Law Review

No abstract provided.

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.

Justice Cardozo, One-Ninth Of The Supreme Court, Milton Handler, Michael Ruby

Cardozo Law Review

No abstract provided.

Reason, Passion, And “The Progress Of The Law”, William J. Brennan Jr.

Cardozo Law Review

No abstract provided.

Judicial Process As An Empirical Study: A Comment On Justice Brennan's Essay, Charles M. Yablon

Cardozo Law Review

No abstract provided.

Sidestepping The Principle Of Judicial Restraint: Use And Abuse Of Taboo In Constitutional Law, Louis Lusky

Cardozo Law Review

No abstract provided.

Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman

Cardozo Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.

Reflections On "The Nature Of The Judicial Process", Ernest Nagel

Cardozo Law Review

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well …

The Theory Of Adjudication And The Task Of The Great Judge, David A.J. Richards

Cardozo Law Review

No abstract provided.