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Articles 1 - 30 of 35

Full-Text Articles in Law

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown Dec 2004

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.


Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin Dec 2004

Legal Pragmatism, An Ideal Speech Situation, And The Fully Embodied Democratic Process, Dmitri N. Shalin

Nevada Law Journal

No abstract provided.


Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel Dec 2004

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Just Do It, Girardeau A. Spann Jul 2004

Just Do It, Girardeau A. Spann

Law and Contemporary Problems

No abstract provided.


Left Out, Louis Michael Seidman Jul 2004

Left Out, Louis Michael Seidman

Law and Contemporary Problems

Seidman presents information on the collapse of the progressive left's position on criminal justice. The faltering of the left in this area is due to inherent contradictions in their position which have weakened their stance overall.


Coverage For Cops: Should Injuries Sustained By Off-Duty Sheriff's Deputies In Their Patrol Cars Compensable Under The Workers' Compensation Act, Christina J. Catoe Apr 2004

Coverage For Cops: Should Injuries Sustained By Off-Duty Sheriff's Deputies In Their Patrol Cars Compensable Under The Workers' Compensation Act, Christina J. Catoe

South Carolina Law Review

No abstract provided.


Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller Mar 2004

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.


Judicial Independence, William H. Rehnquist Mar 2004

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.


Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman Jan 2004

Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman

Fordham Law Review

No abstract provided.


Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins Jan 2004

Gender, Why Feminists Can't (Or Shouldn't) Be Liberals, Tracy E. Higgins

Fordham Law Review

No abstract provided.


Tort, Ripstein, Rawls, And Responsibility, Stephen Perry Jan 2004

Tort, Ripstein, Rawls, And Responsibility, Stephen Perry

Fordham Law Review

No abstract provided.


Theories Of Distributive Justice And Limitations On Taxation: What Rawls Demands From Tax Systems, Linda Sugin Jan 2004

Theories Of Distributive Justice And Limitations On Taxation: What Rawls Demands From Tax Systems, Linda Sugin

Fordham Law Review

No abstract provided.


Comments: Individual Versus Collective Responsibility, Thomas Nagel Jan 2004

Comments: Individual Versus Collective Responsibility, Thomas Nagel

Fordham Law Review

No abstract provided.


The Incoherence Between Rawls's Theories Of Justice, Thomas W. Pogge Jan 2004

The Incoherence Between Rawls's Theories Of Justice, Thomas W. Pogge

Fordham Law Review

Would it be desirable to reform the global institutional order in conformity with the principles Rawls defends in A Theory on Justice? Rawls himself denies this and proposes a different moral theory (The Law of Peoples) for the relations among self-governing peoples. While sharing a questionable, purely recipient-oriented approach, his two theories differ importantly in substance and structure. The former gives weight only to the interests of individual persons, yet the latter gives no weight to these interests at all. The former theory is three-tiered and institutional, centering on a public criterion of justice that is justified through a contractualist …


Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin Jan 2004

Gender, Justice And Gender: An Unfinished Debate, Susan Moller Okin

Fordham Law Review

No abstract provided.


Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby Jan 2004

Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby

Fordham Law Review

No abstract provided.


Public Reason And Precluded Reasons, Dennis F. Thompson Jan 2004

Public Reason And Precluded Reasons, Dennis F. Thompson

Fordham Law Review

No abstract provided.


Tort, Rawls In Tort Theory: Themes And Counter-Themes, Benjamin C. Zipursky Jan 2004

Tort, Rawls In Tort Theory: Themes And Counter-Themes, Benjamin C. Zipursky

Fordham Law Review

No abstract provided.


Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen Jan 2004

Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen

Fordham Law Review

No abstract provided.


Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin Jan 2004

Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin

Fordham Law Review

No abstract provided.


On Actualizing Public Reason, Michael Baur Jan 2004

On Actualizing Public Reason, Michael Baur

Fordham Law Review

In this Essay, I examine some apparent difficulties with what I call the "actualization criterion" connected to Rawls's notion of public reason, that is, the criterion for determining when Rawlsian public reason is concretely actualized by citizens in their deliberating and deciding about constitutional essentials and matters of basic justice. While these apparent difficulties have led some commentators to reject Rawlsian public reason altogether, I offer an interpretation that might allow Rawlsian public reason to escape the difficulties. My reading involves the claim that Rawlsian public reason is to be understood essentially as an imperative or an ideal, and as …


What Does A Fair Society Owe Children - And Their Parents?, Anne L. Alstott Jan 2004

What Does A Fair Society Owe Children - And Their Parents?, Anne L. Alstott

Fordham Law Review

No abstract provided.


Public Reason And Political Justifications, Samuel Freeman Jan 2004

Public Reason And Political Justifications, Samuel Freeman

Fordham Law Review

No abstract provided.


Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene Jan 2004

Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene

Fordham Law Review

No abstract provided.


Securing Deliberative Democracy, James E. Fleming Jan 2004

Securing Deliberative Democracy, James E. Fleming

Fordham Law Review

No abstract provided.


Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly Jan 2004

Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly

Cleveland State Law Review

This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …


Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster Jan 2004

Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster

Fordham Law Review

No abstract provided.


Tort, The Division Of Responsibility And The Law Of Tort, Arthur Ripstein Jan 2004

Tort, The Division Of Responsibility And The Law Of Tort, Arthur Ripstein

Fordham Law Review

No abstract provided.


Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards Jan 2004

Ethical Religion And The Struggle Of Human Rights: The Case Of Martin Luther King, Jr., David A.J. Richards

Fordham Law Review

No abstract provided.


What Self-Governing Peoples Owe To One Another: Universalism, Diversity, And The Law Of Peoples, Stephen Macedo Jan 2004

What Self-Governing Peoples Owe To One Another: Universalism, Diversity, And The Law Of Peoples, Stephen Macedo

Fordham Law Review

No abstract provided.