This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 2003
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
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
