This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 1993
The Moment of Constitutional Opportunity, Marci A. Hamilton
Transitional Constitutions, Arthur J. Jacobson
The 1991 Supreme Court Term: Review and Outlook, John O. McGinnis
The Bar Against Challenges to Employment Discrimination Consent Decrees: A Public Choice Perspective, John O. McGinnis
Modern Constitutionalism as Interplay between Identity and Diversity: An Introduction, Michel Rosenfeld
The Multicultural Self, M. M. Slaughter
Three Lessons from Law and Literature, Richard H. Weisberg
James Madison and Public Choice at Gucci Gulch: A Procedural Defense of Tax Expenditures and Tax Institutions, Edward A. Zelinsky
Submissions from 1992
Administrative Paternalism: Social Security's Representative Payment Program and Two Models of Justice, Margaret G. Farrell
The Kirkpatrick Mission: Diplomacy Without Apology - America at the United Nations 1981-1985 by Allan Gerson, Malvina Halberstam
John D. Appel, Arthur J. Jacobson
Dancer, Teacher, Colleague, Monroe E. Price
Remembering John Appel, Paul M. Shupack
The Development of Common Law Defamation Privileges: From Communitarian Society to Market Society, M. M. Slaughter
Overcompensating: The Corporate Lawyer and Executive Pay, Charles M. Yablon
A Treaty Is a Treaty Is a Treaty, Malvina Halberstam
The Case Against Applying the Relation-Back Doctrine to the Exercise of General Powers of Appointment, Melanie Leslie
A Curious Document Recently Discovered in the Archives, Peter Tillers
The Use of Advance Fee Attorney Retainer Agreements in Bankruptcy: Another Special Law for Lawyers?, Lester Brickman and Jonathan Klein
The Trustee’s Strong Arm Power Under the Bankruptcy Code, David G. Carlson
Choosing Between Normative and Descriptive Versions of the Judicial Role, Michael E. Herz
Deference Running Riot: Separating Interpretation and Lawmaking Under Chevron, Michael E. Herz
Competition Among Municipalities as a Constraint on Land Use Exactions, Stewart E. Sterk
Setting The Fee When The Client Discharges a Contingent Fee Attorney, Lester Brickman
The Asbestos Claims Management Act of 1991: A Proposal to the United States Congress, Lester Brickman
The Asbestos Litigation Crisis: Is There a Need for an Administrative Alternative?, Lester Brickman
Environmental Review in the Land Use Process: New York’s Experience with SEQRA, Stewart E. Sterk
The Relevance of Time to the Relationship between the Philosophy of the Limit and Systems Theory, Drucilla Cornell
The Idea of a Legal Unconscious, Arthur J. Jacobson
Autopoiesis and Justice, Michel Rosenfeld
Autopoiesis and Positivism, Richard Weisberg
Timeless Rules: Can Normative Closure and Legal Indeterminacy Be Reconciled?, Charles M. Yablon
Principle Versus Politics: The Solicitor General's Office in Constitutional and Bureaucratic Theory, John O. McGinnis
Claims & Opinions an Exchange of Views: Game Theory and Bankruptcy Reorganizations, David G. Carlson
Judicial Textualism Meets Congressional Micromanagement: A Potential Collision in Clean Air Act Interpretation, Michael E. Herz
Submissions from 1991
Closing Remarks, David G. Carlson
Civil Disobedience and Deconstruction, Drucilla Cornell
Suicide and Justice, Arthur J. Jacobson
Derrida, Law, Violence and the Paradox of Justice, Michel Rosenfeld
Ouse, Paul M. Shupack
Comment on Fenves and Heller, M. M. Slaughter
Marshalling Evidence for Adversary Litigation, David Schum and Peter Tillers
Decision and Inference, Peter Tillers
On the Allocation of Burdens of Proof in Corporate Law: An Essay on Fairness and Fuzzy Sets, Charles M. Yablon
Freeing Literary and Artistic Expression During the Sixties: The Role of Justice William J. Brennan, Jr., Edward de Grazia
Qualified Plans and Identifying Tax Expenditures: A Rejoinder to Professor Stein, Edward A. Zelinsky
United States v. United States: When Can the Federal Government Sue Itself?, Michael E. Herz
Justice Scalia, Poverty, and the Good Society, Toby Golick
The Use of Legislative History in Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam
Textualism and Taboo: Interpretation and Deference for Justice Scalia, Michael E. Herz
