This collection contains scholarly articles authored by Cardozo Law faculty, including many originally published in law reviews and other academic journals.
Submissions from 1992
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
Dilemmas of Justice, Stephen J. Schulhofer and Michel Rosenfeld
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 Hegelian Revival in American Legal Discourse, David G. Carlson
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
An Excerpt from When Lawyers Write, Richard H. 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
Bankruptcy Theory and the Creditors' Bargain, David G. Carlson
Claims & Opinions an Exchange of Views: Game Theory and Bankruptcy Reorganizations, David G. Carlson
Secured Creditors and Expenses of Bankruptcy Administration, 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
Foreword, David Rudenstine
The Pentagon Papers Case: Recovering Its Meaning Twenty Years Later, David Rudenstine
A Massachusetts Debacle: Gagnon v. Shoblom, Lester Brickman
Environmental Auditing and Environmental Management: The Implicit and Explicit Federal Regulatory Mandate, Michael E. Herz
Environmental Accountability Beyond Compliance: Externalities and Accounting, Arthur J. Jacobson
Legal Rhetoric Under Stress: The Example of Vichy, Richard H. Weisberg
Jewish Law and the State's Authority to Punish Crime, J. David Bleich
Interest Analysis and Dina Demalkhuta Dina, a Comment on Aaron Kirschenbaum, the Sovereign Power of the State: A Proposed Theory of Accommodation in Jewish Law, Malvina Halberstam
Indian-Federal Regulations From the Inside Out: A Comment on Perry Dane’s Meditation, Monroe E. Price
Metro Broadcasting, Inc. V FCC: Affirmative Action at the Crossroads of Constitutional Liberty and Equality, Michel Rosenfeld
Tolerance: The Bridge between Religious Liberty and Privacy, David Rudenstine
