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Pulitzer Plagiarism: The Malamud-Beilis Connection


Jay Beilis    
Jeremy Simcha Garber    
Mark S. Stein     INTRODUCTION     One of the great trials of the twentieth century was the 1913 blood-libel trial of Mendel Beilis in Czarist Russia.  Beilis, a Jew, was arrested in 1911 by the Czarist secret police in Kiev and accused of ritually murdering a Christian boy to use his blood in baking matzoh.  Beilis was jailed for over two years, under horrible conditions, while awaiting trial.  He heroically resisted all pressure to implicate himself or other Jews.  In 1913, after a d...

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The U.N. Consolidated List: Effect of Committee Dynamics on Creation and Compliance

Kalyani Munshani       The Al-Qaida and Taliban Sanctions Committee (the “Committee”) was created by United Nations Resolution 1267 (1999).  The fundamental responsibility entrusted to the Committee is the proscribing of individuals and ent...
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Letter to Professor Burch

Jack B. Weinstein     Dear Professor Burch:      I enjoyed your A New Way Forward.  Your views about ways to deal with mass torts—as well as massive civil rights, discrimination, and institutional abuses—largely accord with my own.  Be...
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A New Way Forward: A Response to Judge Weinstein

Elizabeth Chamblee Burch      Mass tort litigation is rife with trade-offs.  For instance, plaintiffs’ attorneys need to amass clients to achieve economies of scale and bring effective litigation, but an inventory of clients creates an attenua...
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Diagnosing and Analyzing Flawed Investigations: Abu Ghraib as a Case Study

 Keith Rohman  We think of investigation as a road to truth, and truth as the goal of an investigation.  Yet time and again, high-visibility investigations of public scandals not only fail to uncover the truth, they seem to redirect the focus in t...
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State Calls for an Article Five Convention: Mobilization and Interpretation

Gerard N. Magliocca The Congress . . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments . . . .            Article V of the United States Constitution The threat is...
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Funerals, Fire & Brimstone



Funerals, Fire, and Brimstone


Albert Snyder won a jury verdict and a substantial monetary judgment against the Westboro Baptist Church after they protested at his son's funeral.  The Fourth Circuit reversed.  When the Supreme Court hears Snyder v. Phelps in October of 2010, the contours of the First Amendment's Freedom of Speech guarantee could be redefined.  Cardozo Law Review de novo is pleased to present a collection of articles from a number of leading scholars who question what the Supreme Court could do with the case, and suggest what it should do.

The Road Not Taken: How the Fourth Circuit Reached the Right Result for the Wrong Reason in Snyder v. Phelps

J. Joshua Wheeler As a father grieving the loss of a son who sacrificed his young life in service of his country, Albert Snyder deserves only sympathy and compassion.  Unfortunately, members of the Westboro Baptist Church (hereinafter “the Phelps...
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Freedom of Speech and the Intentional Infliction of Emotional Distress Tort

Eugene Volokh      The defendants’ speech in Snyder v. Phelps is uncommonly contemptible.  But many more ideas than just the Phelpsians’ would be endangered if the Court allowed the intentional infliction of emotional distress tort to cover ...
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Free Speech at What Cost?: Snyder v. Phelps and Speech-Based Tort Liability

Jeffrey Shulman      The constitutional law on speech-based tort claims is something akin to a doctrinal funhouse.  A bewilderment of public and private mirrors, fact and opinion trapdoors, it is law that balances private and public interests in...
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Two Wrongs Almost Make a “Right”: The 4th Circuit’s Bizarre Use of the Already Bizarre “Milkovich” Case in Snyder v. Phelps

Richard Weisberg      The Fourth Circuit’s decision in Snyder v Phelps gives a boost to a seriously wrong-headed High Court opinion, now 20 years old: the otherwise under-examined Rehnquist decision in Milkovich v Lorain Journal Co.  The Snyd...
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Snyder v. Phelps: Searching for a Legal Standard

Leslie C. Griffin      The case of Snyder v. Phelps offers an array of legal issues in search of clearer legal standards. The original lawsuit by plaintiff Albert Snyder, father of the deceased soldier Matthew Snyder, against defendants Fred W. P...
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Death, Grief, and Freedom of Speech: Does the First Amendment Permit Protection Against the Harassment and Commandeering of Funeral Mourners?

Alan Brownstein & Vikram David Amar      It is often said, albeit sometimes for rhetorical effect, that the First Amendment protects the speech we hate just as rigorously as the speech we value.  In some ways, Snyder v. Phelps tests our commitme...
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Holy Headache: Is Bufferin’ an Adequate Prescription for the Rev. Phelps?

Ayesha Khan & Michael Blank      Marine Lance Corporal Matthew Snyder died for his country in the line of duty on March 3, 2006.  His funeral in Westminster, Maryland, was an occasion for his family to mourn its loss and for a grateful nation t...
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Latest de•novo Articles

Understanding the "Christian Nation" Myth


Steven K. Green      One debate that apparently has no ending point is the one over the nation’s religious foundings.  As predictable as the first daffodils of spring, religious and legal conservatives periodically raise claims about America’s Christian heritage in their efforts to gain the moral (and legal) high ground in the ongoing culture wars.  These arguments take on several forms, from assertions that the Founders relied on a pervasive Calvinist ideology to craft notions of republicanism, to claims that the Founders were all de...

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Bridge: 5-Card Majors v. 4-Card Majors: Citizens United

David C. Weiss          Bridge is a team game in which teammates subtly exchange information in an effort to play their best “fit” given the cards in their hand. This Commentary implies that Citizens United was similarly a case of two di...
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Pulitzer Plagiarism: The Malamud-Beilis Connection

Jay Beilis     Jeremy Simcha Garber     Mark S. Stein     INTRODUCTION      One of the great trials of the twentieth century was the 1913 blood-libel trial of Mendel Beilis in Czarist Russia.  Beilis, a Jew, was arrested in 1911 b...
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Analogize This: Partial Constitutional Text, Religion, and Maintaining Our Political Order

Bruce G. Peabody      In a series of essays in this and other journals, a group of scholars including, but not limited to, Geoffrey Stone, Seth Barrett Tillman and Alan Brownstein have carried out a dialogue about the complex relationships betwe...
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Firearms, Inc.

A Collection of Essays and Articles Discussing McDonald v. City of Chicago, the Second Amendment, Its Contour in Light of District of Columbia v. Heller, and Its Possible Incorporation Through the Fourteenth Amendment. ...
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McDonald v. Chicago, the Fourteenth Amendment, the Right to Bear Arms and the Right fo Self-Defense

Richard L. Aynes        The Supreme Court of the United States has granted certiorari in the case of McDonald v. City of Chicago to consider this question: Whether the Second Amendment right to keep and bear arms is incorporated as against the ...
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Latest Print Issue

CARDOZO
LAW REVIEW


VOLUME 31 JANUARY 2010 NUMBER 3Copyright © 2010 by Yeshiva University
All rights reserved



CONTENTS


Articles

The Legal Ecology of Resistance: The Role of Antibiotic Resistance in Pharmaceutical Innovation
Kevin Outterson 613

Behavioral Decision Theory and Implications for the Supreme Cou...

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