This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 1994
Discussion and Decisions: A Proposal to Replace the Myth of Self-Rule with an Attorneyship Model of Representation, Marci A. Hamilton
On the Relevance of the Admissibility of Scientific Evidence: Tort System Outcomes Are Principally Determined by Lawyers’ Rates of Return, Lester Brickman
Daubert v. Merrell Dow Pharmaceuticals, Inc.: Epistemiology and Legal Process, Margaret G. Farrell
Nationalism and the Right to Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam
DNA and Daubert, Barry C. Scheck
Adequate Protection Payments and the Surrender of Cash Collateral in Chapter 11 Reorganization, David G. Carlson
Doctor Duxbury’s Cure: Or, a Note on Legal Historiography, Peter Goodrich
Living with the Ban on Nonrefundable Retainers: Cooperman's Scope, Meaning and Consequences, Lester Brickman and Lawrence A. Cunningham
Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. McGinnis, and Theodore B. Olson
Appropriation Art and the Imminent Decline in Authorial Control over Copyrighted Works, Marci A. Hamilton
Justice Byron White and the Argument That the Greater Includes the Lesser, Michael E. Herz
Settle or Sue: What Else Can I Do?, Lela P. Love
The Marginal Relevance of Choice of Law Theory, Stewart E. Sterk
The True Story: Response to Five Essayists, Richard Weisberg
Tax Policy v. Revenue Policy: Qualified Plans, Tax Expenditures, and the Flat, Plan Level Tax, Edward A. Zelinsky
Submissions from 1993
Nonrefundable Retainers Revisited, Lester Brickman and Lawrence A. Cunningham
Parallel Universes: NEPA Lessons for the New Property, Michael E. Herz
Unfunded Mandates, Hidden Taxation, and the Tenth Amendment: On Public Choice, Public Interest, and Public Services, Edward A. Zelinsky
Life as an Intrinsic Rather Than Instrumental Good: The “Spiritual” Case Against Euthanasia, J. David Bleich
Jacob Burns and the Institute for Advanced Legal Studies, David G. Carlson
Imposing Unified Executive Branch Statutory Interpretation, Michael Herz
In Appreciation of Jack Burns, Frank J. Macchiarola
Constitutional Review by the Executive in Foreign Affairs and War Powers: A Consequence of Rational Choice in the Separation of Powers, John O. McGinnis
Introduction, John O. McGinnis
Models of the Opinion Function of the Attorney General: A Normative, Descriptive, and Historical Prolegomenon, John O. McGinnis
Executive Autonomy, Judicial Authority and the Rule of Law: Reflections on Constitutional Interpretation and the Separation of Powers, Michel Rosenfeld
Security Interests on Exempt Personal Property: Their Fate in Bankruptcy, David G. Carlson
The Classification Veto in Single-Asset Cases under Bankruptcy Code Section 1129(a)(10), David G. Carlson
On the Margins of Microeconomics, David G. Carlson
Judaism and Postmodernism, Suzanne Last Stone
The 1990 New York City Districting Commission: Renewed Opportunity for Participation in Local Government or Race-Based Gerrymandering?, Frank J. Macchiarola and Joseph G. Diaz
Restraints on Alienation of Human Capital, Stewart E. Sterk
Postpetition Security Interests under the Bankruptcy Code, David G. Carlson
A Further Word Against Consensus, John O. McGinnis
The President, the Senate, the Constitution, and the Confirmation Process: A Reply to Professors Strauss and Sunstein, John O. McGinnis
In Pursuit of the Counter-Text: The Turn to the Jewish Legal Model in Contemporary American Legal Theory, Suzanne Last Stone
Moral Debate and Semantic Sleight of Hand, J. David Bleich
Purchase Money Under The Uniform Commercial Code, David G. Carlson
A Defense of Prostitutes' Self-Organization, Drucilla Cornell
Gynaetopia: Feminine Genealogies of Common Law, Peter Goodrich
The Copenhagen Document: Intervention in Support of Democracy, Malvina Halberstam
The Myth That Israel's Presence in Judea and Samaria Is Comparable to Iraq's Presence in Kuwait, Malvina Halberstam
Playing by the Rules by Frederick Schauer, Marci A. Hamilton
The Belief/Conduct Paradigm in the Supreme Court's Free Exercise Jurisprudence: A Theological Account of the Failure to Protect Religious Conduct, Marci A. Hamilton
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
Decriminalizing Prostitution: Liberalization or Dehumanization?, Jeanne Schroeder
