RocketTheme Joomla Templates
Home

Latest Featured Articles

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...

Read More...

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...
Read more...

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...
Read more...

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...
Read more...

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...
Read more...

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...
Read more...

Firearms, Inc.



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.

Read More...

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 ...
Read more...

A "Right" By Any Other Name: Will Courts Treat the Right to Keep and Bear Arms as a Real Right or a Pretend One?

Clark M. Neily III      Though the press of other work prevents me from submitting a full-length essay, I want to thank the Cardozo Law Review de•novo for the opportunity to offer some thoughts about the standard of review in cases involving th...
Read more...

How Gun Litigation Can Restore Economic Liberties

Robert A. Levy      A central mission of both the Cato Institute and the Institute for Justice has been restoration of rights to earn an honest living, make binding contracts, and enjoy private property.  Regrettably, courts have routinely rubbe...
Read more...

The Potentially Expansive Reach of McDonald v. Chicago: Enabling the Privileges or Immunities Clause

Michael Anthony Lawrence      I am pleased to join this discussion organized by the Cardozo Law Review de•novo online journal as we await oral arguments in the Supreme Court of the United States in McDonald v. City of Chicago.  I am guided by...
Read more...

The Right to Arms in the Living Constitution

David B. Kopel      This Article presents a brief history of the Second Amendment as part of the living Constitution.  From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a ...
Read more...

The Right to Arms: The Criminology of Guns

Don B. Kates       In this brief article I seek to limn the criminological underpinnings of the Second Amendment right to arms. I.     BASING PUBLIC POLICY ON FICTION      Everyone except perhaps the most extreme libertarians generally a...
Read more...

Ducking the Bullet: District of Columbia v. Heller and the Stevens Dissent

David T. Hardy      District of Columbia v. Heller established that the Second Amendment’s right to arms existed as an individual right, with no requirement that the rights-holder be functioning as part of a well-regulated militia.  While the ...
Read more...

The Right of Self-Preservation and Resistance: A True Legal and Historical Understanding of the Anglo-American Right to Arms

Patrick J. Charles       In District of Columbia v. Heller both the Supreme Court majority and Justice Stevens’ dissent used history to determine the Second Amendment’s meaning and protective scope.  In the end, the Individual Right Scholar...
Read more...

Heller, McDonald and Originalism

Bret Boyce       The Supreme Court's recent decision in District of Columbia v. Heller has been widely hailed by its admirers as a triumph of originalism.  Indeed, both Justice Scalia’s opinion for the Court and Justice Stevens’ dissent foc...
Read more...

Latest de•novo Articles

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 divided “teams” subtly exchanging information with one side trying to manipulate procedural rules to decide the case on narrow, prudential or statutory grounds, while the other side worked the same rules to tee up a major constitutional decision.
     The Commentary thus discusses Citizens Unite...

Read More...

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...
Read more...

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...
Read more...

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. ...
Read more...

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 ...
Read more...

A "Right" By Any Other Name: Will Courts Treat the Right to Keep and Bear Arms as a Real Right or a Pretend One?

Clark M. Neily III      Though the press of other work prevents me from submitting a full-length essay, I want to thank the Cardozo Law Review de•novo for the opportunity to offer some thoughts about the standard of review in cases involving th...
Read more...

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...

Read More...

Cardozo Law Review

Editor-in-Chief
Ari Fontecchio This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Executive Editor
Daniel Bertaccini This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Managing Editor
Daniel Watkins This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Head de•novo Editor
Jesse LofflerThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

Senior Articles Editors
Erin AustinThis e-mail address is being protected from spambots. You need JavaScript enabled to view it
Stephanie CirkovichThis e-mail address is being protected from spambots. You need JavaScript enabled to view it

Senior Notes Editor
Jenna Bernstein This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Submissions Editors
Bernard Eyth This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Ryan Finkel This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Symposia Editor
Marisa Harris This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Business Manager
David Krieger This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Cardozo Law Review
55 Fifth Avenue, Suite 531
New York, NY 10003
Telephone: (212) 790-0355

Print Journal
cardozolawreview@yu.edu This e-mail address is being protected from spambots. You need JavaScript enabled to view it

de•novo
cardozodenovo@yu.edu This e-mail address is being protected from spambots. You need JavaScript enabled to view it