This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2002
Washington, Patton, Schwarzkopf and Ashcroft?, Michael Herz
How Extra-Copyright Protection of Databases Can Be Constitutional, Justin Hughes
Solving the Apprendi Puzzle, Kyron Huigens
Street Crime, Corporate Crime, and Theories of Punishment: A Response to Brown, Kyron J. Huigens
Twenty-Five Years Later with Promises to Keep: Legal Education in Dispute Resolution and Training of Mediators, Lela P. Love
Popular Sovereignty and the Electoral College, John O. McGinnis
Lord Elgin and the Ottomans: The Question of Permission, David Rudenstine
Toward the Formation of "Innocence Commissions" in America, Barry C. Scheck and Peter J. Neufeld
Economic Rationality, Empathy, and Corporate Responsibility, Jeanne L. Schroeder
Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights, Edward D. Stein
Restoring Politics to the Commerce Clause: The Case for Abandoning the Dormant Commerce Clause Prohibition of Discriminatory Taxation, Edward A. Zelinsky
Submissions from 2001
Presidential Review as Constitutional Restoration, John O. McGinnis
Evaluating the Sex Discrimination Argument for Lesbian and Gay Rights, Edward D. Stein
Three Strikes Laws and Apprendi's Irrational, Inequitable Exception for Recidivism, Kyron J. Huigens and Danielle Chinea
Why Lawyers Are Unhappy, Martin E.P. Seligman, Paul R. Verkuil, and Terry H. Kang
Nine Shibboleths of the New Federalism, Marci A. Hamilton
The Symbiosis of Constitutionalism and Technology, John O. McGinnis
Liability for Increased Risk of Harm: A Lawyer's Response to Professor Shafer, Melanie B. Leslie
The Newness of New Technology, Monroe E. Price
A Tale of Three Documents: Lord Elgin and the Missing, Historic 1801 Ottoman Document, David Rudenstine
Introduction: A Personal Perspective on "Artificial Intelligence and Judicial Proof", Peter Tillers
Are Tax "Benefits" for Religious Institutions Constitutionally Dependent on Benefits for Secular Entities?, Edward A. Zelinsky
Chief Judge Edward R. Becker: A Truly Remarkable Judge, Marci A. Hamilton
In Defense of Making Government Pay: The Deterrent Effect of Constitutional Tort Remedies, Myriam E. Gilles
Cross-Testing, Nondiscrimination, and New Comparability: A Rejoinder to Mr. Orszag and Professor Stein, Edward A. Zelinsky
Is Cross-Testing a Mistake: Cash Balance Plans, New Comparability Formulas, and the Incoherence of the Nondiscrimination Norm, Edward A. Zelinsky
The Cash Balance Controversy Revisited: Age Discrimination and Fidelity to Statutory Text, Edward A. Zelinsky
Avoidance Theory According to Steve Nickles, David Gray Carlson
Representational Standing: U.S. ex rel. Stevens and the Future of Public Law Litigation, Myriam E. Gilles
Duncan Kennedy as I Imagine Him: The Man, the Work, His Scholarship, and the Polity, Peter Goodrich
The Law of White Spaces: Race, Culture, and Legal Education, Peter Goodrich and Linda G. Mills
Free? Exercise, Marci A. Hamilton
The Elusive Safeguards of Federalism, Marci A. Hamilton
Law, Economics, and the Skeleton of Value Fallacy, Kyron Huigens
Reading the Clean Air Act After Brown & Williamson, Michael Herz
Lawyers' Ethics and Fiduciary Obligation in the Brave New World of Aggregative Litigation, Lester Brickman
Hegel's Theory of Quality, David Gray Carlson
Rhetoric and Somatics: Training the Body to do the Work of Law, Peter Goodrich
Why Federalism Must Be Enforced: A Response to Professor Kramer, Marci A. Hamilton
Rulemaking, Michael Herz
The Supreme Court in Real Time: Haste, Waste, and Bush v. Gore, Michael Herz
Mediation of Probate Matters: Leaving a Valuable Legacy, Lela P. Love
World Trade Agreements: Advancing the Interests of the Poorest of Poor, John O. McGinnis
Preventing the Execution of the Innocent: Testimony Before the Senate Judiciary Committee, Barry C. Scheck
Just So Stories: Posnerian Methodology, Jeanne L. Schroeder
The Muddy Boundaries Between Res Judicata and Full Faith and Credit, Stewart E. Sterk
Submissions from 2000
The World Trade Constitution, John O. McGinnis and Mark L. Movsesian
Reinventing Structural Reform Litigation: Deputizing Private Citizens in the Enforcement of Civil Rights, Myriam E. Gilles
