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
Plenary Session Panel: The Sixth John A. Speziale Alternative Dispute Resolution Symposium, Lela P. Love
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
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
The Use of Litigation Screenings in Mass Torts: A Formula for Fraud?, Lester Brickman
Critique of Money Judgment Part One: Liens on New York Real Property, David G. Carlson
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
Preface: Rethinking Constitutionalism in an Era of Globalization and Privatization, Michel Rosenfeld and Hélène Ruiz Fabri
Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings, Peter L. Markowitz
Rethinking Constitutional Ordering in an Era of Legal and Ideological Pluralism, Michel Rosenfeld
Religion and State: Models of Separation From Within Jewish Law, Suzanne Last Stone
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
A Man for the Century: A Tribute to Dean Fred F. Herzog on His One Hundredth Birthday, Michel Rosenfeld
Failed Lawyers and the Sources of Satire, Charles M. Yablon
Alexy Ad Iustitium, Peter Goodrich
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
Employment Discrimination Remedies: The Shape of Lawsuits, the Shape of the Law: Proceedings of the 2008 Annual Meeting Association of American Law Schools Section on Employment Discrimination Law and Section on Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, and Elaine W. Shoben
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
On the Relational Aesthetics of International Law: Philosophy of International Law, Anthony Carty, Peter Goodrich
Visive Powers: Colours, Trees and Genres of Jurisdiction, Peter Goodrich
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
Procedural Path Dependence: Discrimination and the Civil-Criminal Divide, Julie C. Suk
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
Discrimination At Will: Job Security Protections and Equal Employment Opportunity in Conflict, Julie C. Suk
The New Massachusetts Health Law: Preemption and Experimentation, Edward A. Zelinsky
Deterrence, Retributivism, and the Law of Evidence, Richard A. Bierschbach and Alex Stein
Mediating Rules in Criminal Law, Richard A. Bierschbach and Alex Stein
That’s a Fine Chablis You’re Not Drinking: The Proper Place for Geographical Indications in Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, and Susan Scafidi
The Wait Is Over: Chevron as the Stealth Vermont Yankee II, Paul R. Verkuil
Introduction, Kyron Huigens
Dispatches from the Tort Wars, Anthony J. Sebok
Means Testing: The Failed Bankruptcy Revolution of 2005, David G. Carlson
A Response to Professor Laycock, Marci A. Hamilton
The Jurisprudence of Punishment, Kyron J. Huigens