LARC Cardoso Law (Yeshida Univ)
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Jewish Law: New Perspectives
No full textNew Perspectives on Jewish Law combines the detailed work characteristic of scholarship on Jewish law with an orientation towards its broader academic and cultural significance. It shifts the study of Jewish law from its focus on legal doctrine and history to legal theory, achieving in the process a more sophisticated understanding of law that will benefit both the legal academy and Jewish studies. By employing the framework of legal theory, it similarly corrects an over-emphasis on the metaphysical presuppositions and philosophical implications of Jewish law, which has tended to cast it as exceptional relative to other legal systems. Moreover, it answers to old-new anxieties about law, often symbolized by Judaism, raised by contemporary feminists and by philosophers who are animated by recent interpretations of Paul through actual engagement with the Jewish legal tradition.
The volume consists of three parts. The first focuses on the critique of positivism, its implications, and the new directions that it opens up for the analysis of Jewish law. The second part takes stock of recent methodological developments in the study of Jewish legal texts and investigates the relation between Jewish law and the disciplines, including history, literary theory, ritual studies, the digital humanities, as well as traditional approaches to Jewish learning. It concludes with a reflection on these interdisciplinary contributions from the perspective of legal theory. The third part explores the connections among Jewish law, philosophy, and culture critique. It assesses the relation or lack thereof between Jewish law and modern Jewish thought, and examines specific issues of philosophical interest, including truth and normativity. It also investigates the image of Jewish law in the contemporary critique of law as well as how Jewish law could productively contribute to that debate. It concludes with a reflection on these studies from the perspective of philosophy of law.https://larc.cardozo.yu.edu/faculty-edited/1042/thumbnail.jp
Cardozo Law News Brief: November 22, 2024
Get PDFFeatured Faculty: Lela Love Stewart Sterk Christine (Young Ran) Kim Michael Pollack Michel Rosenfeld Edward Zelinsk
Careers In Labor & Employment Law
Get PDFhttps://larc.cardozo.yu.edu/flyers-2024-2025/1004/thumbnail.jp
Trust and Estates Attorney Panel and Networking Reception
Get PDFThe event took place on November 12 at 6:00 PM in Room 1008 and featured a panel of attorneys discussing their career paths and developments in the field. Panelists included Cori A. Robinson, Daniel B. Axman, Mindy H. Stern, and Saverio (Sam) Cereste. The discussion was moderated by Professor Stewart Sterk of Cardozo School of Law.https://larc.cardozo.yu.edu/flyers-2024-2025/1014/thumbnail.jp
Cardozo Law News Brief: December 6, 2024
Get PDFFeatured Faculty: Jessica Roth Ellen Drucker-Albert Jocelyn Getgen Kestenbaum Young Ran (Christine) Kim Michel Rosenfeld Anthony Sebok Matthew Wansley Samuel Weinstein Richard Weisberg Edward Zelinsk
Sam and Libby Edelman Visit Cardozo to Discuss Their Journey in the Footwear Industry
Get PDFFootwear designers Sam and Libby Edelman visited Cardozo on Oct. 10 to talk about the success of their eponymous brand and give advice to future lawyers on how to work in a creative industry.https://larc.cardozo.yu.edu/cardozo-news-2024/1045/thumbnail.jp
Professor Jessica Roth Speaks to Bloomberg About Hunter Biden Pardon
Get PDFProfessor Jessica Roth appeared on Bloomberg\u27s Balance of Power to discuss President Joe Biden\u27s recent pardoning of his son, Hunter Biden, why Biden pardoned him and why President Biden decided to pardon his son now.https://larc.cardozo.yu.edu/cardozo-news-2024/1040/thumbnail.jp
Two Forms of Formalism in Contract Law
Get PDFFormalism in contract interpretation has had many defenders and many critics. What lawmakers need, however, is an account of when formalism works and when it does not. This Article addresses that need by providing a general theory of contract exposition and differentiating between two forms of formalism in contract law. Formalities effect legal change by virtue of their form alone, thereby obviating interpretation. Examples include “as is,” the seal, and sometimes contract boilerplate. Evidentiary formalism, in distinction, limits the evidence that goes into interpretation. Plain meaning rules are an example of evidentiary formalism. This Article provides a detailed analysis of each form of formalism, identifies when they are and are not likely to advance the goals of contract law, and discusses the optimal design of each type. It recommends legislative expansion of the number of contract formalities
Greater of Two Evils: Trial Penalty or Plea Penalty?
No full textThe article critiques the prevalence of plea bargaining in the U.S. criminal justice system, arguing that while it is often seen as a necessary evil for efficiency, it undermines constitutional rights and perpetuates injustice. The author introduces the concept of the plea penalty, which refers to the significant and often overlooked consequences of accepting a guilty plea, such as the loss of rights and long-term collateral consequences. The article challenges the notion that the trial penalty—harsher sentences for those who go to trial—is the only concern, emphasizing that the plea penalty can be equally detrimental. It advocates for systemic reforms to address these issues, ensuring justice and fairness in the criminal legal system