This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2011
The Endorsement Factor, Marci A. Hamilton
Dean Verkuil, Michael Herz
Outsourcing Incompetence: An Essay in Honor of Paul Verkuil, Arthur J. Jacobson
Constitutional Versus Administrative Ordering in an Era of Globalization and Privatization: Reflections on Sources of Legitimation in the Post-Westphalian Polity, Michel Rosenfeld
Postscript, Paul R. Verkuil
Deportation Is Different, Peter L. Markowitz
Employment Division v. Smith at the Supreme Court: The Justices, the Litigants, and the Doctrinal Discourse, Marci A. Hamilton
Citizenship and Worldwide Taxation: Citizenship as an Administrable Proxy for Domicile, Edward A. Zelinsky
Survey of Recent Halakhic Periodical Literature: Piscatorial Parasites, J. David Bleich
The Impact of Ashcroft v. Iqbal on Pleading, Alexander A. Reinert
Legal Positivism as an Idea About Morality, Martin J. Stone
Anatomy of an Aggregate Settlement: The Triumph of Temptation over Ethics, Lester Brickman
After Deference: Formalizing the Judicial Power for Foreign Relations Law, Deborah Pearlstein
Is Integration a Discriminatory Purpose?, Michelle Adams
Survey of Recent Halakhic Periodical Literature: Spontaneous Generation and Halakhic Inerrancy, J. David Bleich
Specters of Law: Why the History of the Legal Spectacle Has Not Been Written, Peter Goodrich
Chair's Foreword, Michael Herz
Expression by Ordinance: Preemption and Proxy in Local Legislation, Lindsay Nash
Justice Stevens and the Expert Executive, Deborah Pearlstein
The Costs of Heightened Pleading, Alexander A. Reinert
The Inauthentic Claim, Anthony J. Sebok
What is Wrong About Wrongdoing, Anthony J. Sebok
What Role for “Women,” “Men,” and Transpeople/Intersex People in Gender Equality: A Commentary, Edward D. Stein
Structural Obstacles to Settlement of Land Use Disputes, Stewart E. Sterk
A-N-D, Richard H. Weisberg
Levinson Is to Mr. Justice "Isaiah" as St. Paul Was to the Prophet Isaiah, Richard H. Weisberg
Winn and the Inadvisability of Constitutionalizing Tax Expenditure Analysis, Edward A. Zelinsky
Submissions from 2010
Survey of Recent Halakhic Periodical Literature: Laser Circumcision, J. David Bleich
Trick or Treat: The Ethics of Mediator Manipulation, Jim Coben and Lela P. Love
Putting the People Back in the Constitution: On Arab Popular Revolt and Other Acts of Defiance, Michel Rosenfeld
The First Amendment Degraded: Milkovich v. Lorain and a Continuing Sense of Loss on Its 20th Birthday, Richard H. Weisberg
The Metaphysics of Property Interests in Jewish Law: An Analysis of Kinyan, J. David Bleich
The Federal Rules of Bankruptcy Procedure in Reorganization Cases: Do They Have a Constitutional Dimension?, David G. Carlson
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
Procedural Barriers to Civil Rights Litigation and the Illusory Promise of Equity, Alexander A. Reinert
Looking Beyond Full Relationship Recognition for Couples Regardless of Sex: Abolition, Alternatives, and/or Functionalism, Edward D. Stein
Rethinking Trust Law Reform: How Prudent is Modern Prudent Investor Doctrine?, Stewart E. Sterk
Judicial Review, a Comparative Perspective: Israel, Canada, and the United States, Malvina Halberstam
Professional and Conviction Integrity Programs: Why We Need Them, Why They Will Work, and Models for Creating Them, Barry Scheck
The “Licentiousness” in Religious Organizations and Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
Survey of Recent Halakhic Periodical Literature: Sacrificing the Few to Save the Many, J. David Bleich
Reforming Health Care: The Paradoxes of Cost, Edward A. Zelinsky
Introduction: In Flagrante Depicto, Peter Goodrich
Measuring the Success of Bivens Litigation and Its Consequences for the Individual Liability Model, Alexander A. Reinert
Family Values in the Jewish Tradition, J. David Bleich
Welfare as Happiness, John Bronsteen, Christopher Buccafusco, and Jonathan Masur
Retribution and the Experience of Punishment, John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur
The Role of Valuation in Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C, David G. Carlson
Class Dismissed: Contemporary Judicial Hostility to Small-Claims Consumer Class Actions, Myriam E. Gilles
Disciplines and Jurisdictions: An Historical Note, Peter Goodrich
