This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2009
From the Chair, Lela P. Love
The Aftermath of the Cash Balance Controversy: Applying the Contribution-Based Test for Age Discrimination to Traditional Defined Benefit Pensions, Edward A. Zelinsky
Introduction: Can Constitutionalism, Secularism and Religion Be Reconciled in an Era of Globalization and Religious Revival?, Michel Rosenfeld
Purposivism and Institutional Competence in Statutory Interpretation, Michael Herz
From the Chair, Lela P. Love
Marriage or Liberation? Reflections on Two Strategies in the Struggle for Lesbian and Gay Rights and Relationship Recognition, Edward D. Stein
The Paternalistic Ideology of ERISA and Unforgiving Courts: Restoring Balance Through a Grand Bargain, Edward A. Zelinsky
A Response to Professor Greenawalt, Marci A. Hamilton
Survey of Recent Halakhic Periodicial Literature: Medical and Cosmetic Tattooing, J. David Bleich
The Chapter 13 Estate and Its Discontents, David G. Carlson
Constitution on ICE: A Report on Immigration Home Raid Operations, Bess Chiu, Lynly Egyes, Peter L. Markowitz, and Jaya Vasandani
Intellection and Indiscipline, Peter Goodrich
An Imperfect Vocabulary of Religious Liberty, Marci A. Hamilton
Political Responses to Supreme Court Decisions, Marci A. Hamilton
The Constitutional Limitations on Congress's Power over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional, Marci A. Hamilton
The Rules Against Scandal and What They Mean for the First Amendment’s Religion Clauses, Marci A. Hamilton
Law Lags Behind: FOIA and Affirmative Disclosure of Information, Michael Herz
Some Thoughts on Judicial Review and Collaborative Governance, Michael Herz
Copyright and Its Rewards, Foreseen and Unforeseen, Justin Hughes
The Continuity of Justification Defenses, Kyron J. Huigens
From the Chair, Lela P. Love
Plenary Session Panel: The Sixth John A. Speziale Alternative Dispute Resolution Symposium, Lela P. Love
Barriers to Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Satellite Transponders and Free Expression, Monroe Price
Eighth Amendment Gaps: Can Conditions of Confinement Litigation Benefit from Proportionality Theory, Alexander A. Reinert
The "Accidental Procreation" Argument for Withholding Legal Recognition for Same-Sex Relationships, Edward D. Stein
Daniel Arises: Notes (Such as 30 and 31) from the Schlagaground*, Richard H. Weisberg
Interpretive Bulletin 08-1 and Economically Targeted Investing: A Missed Opportunity, Edward A. Zelinsky
Submissions from 2008
The Right to Silence Helps the Innocent: A Response to Critics, Alex Stein
From the Chair, Lela P. Love
What's Law Got to Do with It?: The Bosnia v. Serbia Decision's Impact on Reconciliation, Sheri P. Rosenberg
Demographics, Trends, and a Call to Action, Toby Golick
Rethinking Tax Nexus and Apportionment: Voice, Exit, and the Dormant Commerce Clause, Edward A. Zelinsky
Tax Incentives for Economic Development: Personal (And Pessimistic) Reflections, Edward A. Zelinsky
Detecting Lies Using Demeanor, Bias, and Context, Max Minzner
Property Rules, Liability Rules, and Uncertainty About Property Rights, Stewart E. Sterk
Preface (On Alain Badiou's Handwriting), Peter Goodrich
Leaving More Than Money: Mediation Clauses in Estate Planning Documents, Lela P. Love and Stewart E. Sterk
Promoting Equality After Genocide, Sheri P. Rosenberg
Failed Lawyers and the Sources of Satire, Charles M. Yablon
A Reporter Keeping Confidences: More Important Than Ever, David Rudenstine
Stifling the Potential of Grutter v. Bollinger: Parents Involved in Community Schools v. Seattle School District No. 1, Michelle Adams
First Amendment Decisions from the October 2006 Term, Erwin Chemerinsky and Marci A. Hamilton
Midstream Mediator Evaluations and Informed Consent, John W. Cooley and Lela P. Love
Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings, Peter L. Markowitz
After Philip Morris v. Williams: What is Left of the "Single-Digit" Ratio?, Anthony J. Sebok
Submissions from 2007
Disparities Between Asbestosis and Silicosis Claims Generated by Litigation Screenings and Clinical Studies, Lester Brickman
Created Facts and the Flawed Ontology of Copyright Law, Justin Hughes
A Full and Fair Hearing: The Role of the ALJ in Assisting the Pro Se Litigant, Paris R. Baldacci
The Waterloo for the So-Called Church Autonomy Theory: Widespread Clergy Abuse and Institutional Cover-Up, Marci A. Hamilton
