This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2003
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
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
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
Introduction: What Does It Mean to Say That a Remedy Punishes?, Anthony J. Sebok
What Did Punitive Damages Do? Why Misunderstanding the History of Punitive Damages Matters Today, Anthony J. Sebok
Queers Anonymous: Lesbians, Gay Men, Free Speech, and Cyberspace, Edward D. Stein
A Theory of Presumptions, Charles M. Yablon
Nietzsche and the Nazis: The Impact of National Socialism on the Philosophy of Nietzsche, Charles M. Yablon
Submissions from 2002
Harris, Ring, and the Future of Relevant Conduct Sentencing, Kyron J. Huigens
What Is and Is Not Pathological in Criminal Law, Kyron J. Huigens
The Physician as a Conscientious Objector, J. David Bleich
"Seperation": From Epithet to Constitutional Norm, Marci A. Hamilton
If Portia Were a Mediator: An Inquiry into Justice in Mediation, Jonathan M. Hyman and Lela P. Love
Hegel's Theory of Quantity, David Gray Carlson
The Once and Future Property Tax: A Dialogue with My Younger Self, Edward A. Zelinsky
The Application of the Foreign Sovereign Immunities Act to an Action Against the French Railroad for Transporting Thousands of Jews and Others to Their Deaths: Abrams v. SNCF, Malvina Halberstam
Government Officials as Attorneys and Clients: Why Privilege the Privileged?, Melanie B. Leslie
Precis of The Mismeasure of Desire: The Science, Theory and Ethics of Sexual Orientation, Edward D. Stein
Reply to Martha Nussbaum and Ian Hacking, Edward D. Stein
Religion, the Rule of Law, and the Good of the Whole: A View from the Clergy, Marci A. Hamilton
Homicide in Aretaic Terms, Kyron J. Huigens
How the Electoral College Imitates the World Series, Michael Herz
Reviving Tocqueville's America: The Rehnquist Court's Jurisprudence of Social Discovery, John O. McGinnis
Our Supermajoritarian Constitution, John O. McGinnis and Michael B. Rappaport
Closing Remarks, Barry Scheck
Introduction, Ellen Yaroshefsky
Intergroup Rivalry, Anti-Competitive Conduct and Affirmative Action, Michelle Adams
Rulemaking, Michael Herz