This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2004
Past and Present Proposed Amendments to the United States Constitution Regarding Marriage, Edward D. Stein
The Inevitable Failure of Nuisance-Based Theories of the Takings Clause: A Reply to Professor Claeys, Stewart E. Sterk
Symposium: Suzanne Last Stone, Suzanne Last Stone
Truth and Illusion, Suzanne Last Stone
Hindsight, Regret, and Safe Harbors in Rule 11 Litigation, Charles Yablon
Good Guys and Bad Guys: Punishing Character, Equality and the Irrelevance of Moral Character to Criminal Punishment, Ekow Yankah
Submissions from 2003
Was Spinoza a Jewish Philosopher?, J. David Bleich
Law Without Authority: Sources of the Welfare State in Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Introduction: Spinoza's Law, Arthur J. Jacobson and Steven B. Smith
Spinoza's Dialectic and the Paradoxes of Tolerance: A Foundation for Pluralism?, Michel Rosenfeld
The Admissibility of Expert Testimony About Cognitive Science Research on Eyewitness Identification, Edward D. Stein
Information Production and Rent-Seeking in Law School Administration: Rules and Discretion, Stewart E. Sterk
Spinoza's Identity and Philosophy: Jewish or Otherwise?, Suzanne Last Stone
Recollections on Spinoza, Paul R. Verkuil
Developing a Full and Fair Evidentiary Record in a Nonadversary Setting: Two Proposals for Improving Social Security Disability Adjudications, Frank S. Bloch, Jeffrey S. Lubbers, and Paul R. Verkuil
The Market for Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Hegel's Theory of Measure, David Gray Carlson
A Missing Piece to the Dividend Puzzle: Agency Costs of Mutual Funds, Mitchell L. Engler
Belgium's Universal Jurisdiction Law: Vindication of International Justice or Pursuit of Politics?, Malvina Halberstam
The Jurisprudence of Information Flow: How the Constitution Constructs the Pathways of Information, Marci A. Hamilton and Clemens G. Kohnen
The Logical Structure of Fraudulent Transfers and Equitable Subordination, David G. Carlson
An Autopsy of the Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles
Of World Music and Sovereign States, Professors and the Formation of Legal Norms, Justin Hughes
Dignity and Desert in Punishment Theory, Kyron J. Huigens
The Traumatic Dimension in Law, David Gray Carlson
The Appearance of Right and the Essence of Wrong: Metaphor and Metonymy in Law, Jeanne L. Schroeder and David Gray Carlson
Let Us Be Done With Totalizing "Black" Histories, E. Nathaniel Gates
Jurisdictional Competition to Abolish the Rule Against Perpetuities: R.I.P. for the R.A.P., Stewart E. Sterk
The Uneasy Case for Department of Justice Control of Federal Litigation, Neal Devins and Michael Herz
Partnerships and Facilitation: Mediators Develop New Skills for Complex Cases, Lela P. Love and Joseph B. Stulberg
Hate Speech in Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld
Retrenchment on Entrenchment, Stewart E. Sterk
Introduction to the Conference on Fundamentalisms, Equalities, and the Challenge to Tolerance in a Post-9/11 Environment, Richard H. Weisberg
Paul, Pomo, and the Legitimacy of Choice Post 9/11: A Brief Comment on Three Papers, Richard H. Weisberg
Against a Federal Patients' Bill of Rights, Edward A. Zelinsky
The Omen in Nomen: An Exemplary Dictionary of Legal Names, Peter Goodrich
The Internet and the Persistence of Law, Justin Hughes
Can Lawyers Be Cured?: Eternal Recurrence and the Lacanian Death Drive, Jeanne L. Schroeder
Fair Use Across Time, Justin Hughes
A Progressive Consumption Tax for Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
Harnessing Information Technology to Improve the Environmental Impact Review Process, Michael B. Gerrard and Michael Herz
Democracy Realized One Classroom at a Time, Peter Goodrich
Democracy Realized One Classroom at a Time, Peter Goodrich
Distrust Quotations in Latin, Peter Goodrich
The Evolution of the United Nations Position on Terrorism: From Exempting National Liberation Movements to Criminalizing Terrorism Wherever and by Whomever Committed, Malvina Halberstam
Federalism and the Public Good: The True Story Behind the Religious Land Use and Institutionalized Persons Act, Marci A. Hamilton
Nearest to Legitimacy: Justice White and Strict Rational Basis Scrutiny, Michael Herz
Nietzsche and Aretaic Legal Theory, Kyron Huigens
Hate Speech in Constitutional Jurisprudence: A Comparative Analysis, Michel Rosenfeld