This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2005
Opting Out of Liability: The Forthcoming, Near-Total Demise of the Modern Class Action, Myriam E. Gilles
An Analysis of the Financial Impact of S. 852: The Fairness in Asbestos Injury Resolution Act of 2005, Lester Brickman
Introduction: Un Cygne Noir, Peter Goodrich
J.D., Peter Goodrich
Size Matters (Or Should) in Copyright Law, Justin Hughes
Authority: An Hommage to Jacques Derrida and Mary Quaintance, Arthur J. Jacobson
In Defense of the No Further Inquiry Rule: A Response to Professor John Langbein, Melanie B. Leslie
Trusting Trustees: Fiduciary Duties and the Limits of Default Rules, Melanie B. Leslie
Derrida's Ethical Turn and America: Looking Back from the Crossroads of Global Terrorism and the Enlightenment, Michel Rosenfeld
The Questioning Attitude: Questions About Derrida, Martin Stone
Republican Democracy Is Not Democracy, Marci A. Hamilton
Robert Dahl's How Democratic Is the American Constitution?: An Introduction, with Notes on the Electoral College, Michael Herz
Introduction: Failure of the Word: The Rise of Law and Literature, Arthur J. Jacobson and Gary Minda
20 Years (or 2000?) of Story-Telling on the Law: Is Justice Detectable?, Richard H. Weisberg
Lagrand and Avena Establish a Right, But Is There a Remedy? Brief Comments on the Legal Effect of Lagrand and Avena in the U.S., Malvina Halberstam
What Does "Religion" Mean in the Public Square?, Marci A. Hamilton
Envy and Outsider Trading: The Case of Martha Stewart, Jeanne L. Schroeder
Rendered Impracticable: Behavioral Economics and the Impracticability Doctrine, Aaron J. Wright
Do Tax Expenditures Create Framing Effects? Volunteer Firefighters, Property Tax Exemptions, and the Paradox of Tax Expenditure Analysis, Edward A. Zelinsky
Ethical Issues in Asbestos Litigation, Lester Brickman
Progressive Consumption Taxes, Mitchell L. Engler
Religion and Politics in the United States, Marci A. Hamilton
Abandoning Recess Appointments?: A Comment on Hartnett (and Others), Michael Herz
On Commonplace Punishment Theory, Kyron J. Huigens
Solving the Williams Puzzle, Kyron J. Huigens
The Intersection of Evaluation be Mediators and Informed Consent: Warning the Unwary, Lela P. Love and John W. Cooley
Deterrence or Disgorgement? Reading Ciraolo After Campbell, Anthony J. Sebok
Intellectualizing Property: The Tenuous Connections Between Land and Copyright, Stewart E. Sterk
Submissions from 2004
The Defined Contribution Paradigm, Edward A. Zelinsky
Introduction: Private Parties as Defendants in Civil Rights Litigation, Myriam Gilles
The Federalist Dimension of Regulatory Takings Jurisprudence, Stewart E. Sterk
Duress Is Not a Justification, Kyron J. Huigens
Past and Present Proposed Amendments to the United States Constitution Regarding Marriage, Edward D. Stein
Fletcher's Rethinking: A Memoir, Kyron J. Huigens
Indemnity, Liability, Insolvency, David Gray Carlson
RLUIPA Is Unfair, Unwise, and Unconstitutional, Marci A. Hamilton
Grutter v. Bollinger: This Generation's Brown v. Board of Education, Michelle Adams
Lawrence and Garner: The Love (or at Least Sexual Attraction) That Finally Dared Speak its Name, Paris R. Baldacci
On the Theory Class's Theories of Asbestos Litigation: The Disconnect between Scholarship and Reality, Lester Brickman
Bankruptcy's Acephalous Moment: Postpetition Transfers Under the Bankruptcy Code, David G. Carlson
Indemnity, Liability, Insolvency, David G. Carlson
The Antepenultimacy of the Beginning in Hegel’s Science of Logic, David G. Carlson
Why are There Four Hegelian Judgments, David G. Carlson
Introduction, Hanoch Dagan, Keith N. Hylton, and Anthony J. Sebok
A Law and Social Work Clinical Program for the Elderly and Disabled: Past and Future Challenges, Toby Golick and Janet Lessem
A Fragment on Cnutism with Brief Divagations on the Philosophy of the Near Miss, Peter Goodrich
Endnote: Untoward, Peter Goodrich
Direct Democracy and the Protestant Ethic, Marci A. Hamilton
Religious Institutions, the No-Harm Doctrine, and the Public Good, Marci A. Hamilton
