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Articles 1 - 30 of 43
Full-Text Articles in Law
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green
The Lawyer As Lover: Are Courts Romanticizing The Lawyer-Client Relationship?, Bruce A. Green
Touro Law Review
No abstract provided.
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Marital Contracting In A Post-Windsor World, Martha M. Ertman
Florida State University Law Review
No abstract provided.
The Employee's Contractual Duty Of Fidelity, Andrew Frazer
The Employee's Contractual Duty Of Fidelity, Andrew Frazer
Faculty of Law, Humanities and the Arts - Papers (Archive)
[not published: supplied by author] Although the implied contractual duty of employees to serve with fidelity and good faith has long been recognised, its origins have been unclear. It is usually dated from a series of cases in the late nineteenth century. It has been contended that this duty is really a transmogrified form of fiduciary duty. This article shows that the duty of fidelity is not only considerably older than usually recognised, but has been formulated by the courts in a consistent manner and relying exclusively on contract principles. Recent decisions which distinguish contractual and fiduciary obligations are not …
Legal Ethics As A Moral Idea: A Theory Of Philosophical Legal Ethics Based On The Work Of Lon Fuller, Emanuel Raul Tucsa
Legal Ethics As A Moral Idea: A Theory Of Philosophical Legal Ethics Based On The Work Of Lon Fuller, Emanuel Raul Tucsa
LLM Theses
The legal philosophy of Lon Fuller, both in his idea of internal morality and in his theory of legal interpretation, is particularly useful for the purpose of making sense of the relationship between law and morality vis-à-vis the legal profession. Legal ethicists have recently developed accounts of legal ethics that are based on jurisprudential theories. These include the exclusive positivist theory of Tim Dare, the inclusive positivist approach of Bradley Wendel, and the substantive contextual judgment view of William Simon. Additionally, David Luban has proposed and evaluated an insightful interpretation of Fuller’s legal philosophy.
In this paper, I will argue …
How Deep Are The Springs Of Obedience Norms That Bind The Overseers Of Charities?, Johnny R. Buckles
How Deep Are The Springs Of Obedience Norms That Bind The Overseers Of Charities?, Johnny R. Buckles
Catholic University Law Review
No abstract provided.
Book Review Of Daniel Markovits' A Modern Legal Ethics, Dorothy M. Hong
Book Review Of Daniel Markovits' A Modern Legal Ethics, Dorothy M. Hong
Dorothy M Hong
Modern Legal Ethics demands lawyerly virtue of fidelity to limit liability and avoid cost by lawyer's occupying a role with skill and expertise for each client for each case each time embracing cosmopolitanism and realist approach to lawyering to describe understanding of human condition that would tend to favor client without portraying an understandable scenario that would seem appropriate for his audience betraying nastalgia.
The Place Of History And Philosophy In The Moral Reading Of The American Constitution, James E. Fleming
The Place Of History And Philosophy In The Moral Reading Of The American Constitution, James E. Fleming
Faculty Scholarship
Dworkin argues that commitment to interpretive fidelity requires that we recognize that the Constitution embodies abstract moral principles rather than laying down a particular historical conception, and that interpreting those principles requires fresh judgments of political theory about how they are best understood. This interpretive strategy — Dworkin's ‘moral reading’ of the Constitution — stands in opposition to the narrow originalists' claim that interpretive fidelity requires following the rules laid down by the framers of the Constitution. Some theorists have responded to the originalists by attempting to carve out an intermediate theory between narrow originalism and the moral reading. Dworkin …
When Agencies And Families Come Together: Dealing With Conflict In Building Partnerships, Robyn Boustead, Sheryl Schrepf, Huey Chen, Mary Evans, Andrea K. Blanch, Roger A. Boothroyd
When Agencies And Families Come Together: Dealing With Conflict In Building Partnerships, Robyn Boustead, Sheryl Schrepf, Huey Chen, Mary Evans, Andrea K. Blanch, Roger A. Boothroyd
Mental Health Law & Policy Faculty Publications
No abstract provided.
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
The Sec's Regulation Fd, Richard L. Anderson, David Becker, Harvey L. Goldschmid, Eric D. Roiter, Susan E. Wolf, Alex Zisson, Jill E. Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Telebanking Contract In Swiss Law, Cedric J. Magnin
The Telebanking Contract In Swiss Law, Cedric J. Magnin
ILSA Journal of International & Comparative Law
Telebanking is a means of communicating with one's bank with the aid of a computer connected to the Internet at any hour, day or night, anywhere in the world.
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Constitutional Fidelity And The Commerce Clause: A Reply To Professor Ackerman, Elizabeth Price Foley, Elizabeth C. Price
Faculty Publications
Can the Constitution be legitimately, albeit implicitly, amended by the Supreme Court? The possibility of implicit constitutional amendment - most forcefully advocated by Professor Bruce Ackerman as "transformative" Supreme Court decisions - has been articulated to justify, legitimate, and entrench various radical reinterpretations of the Constitution, most notably the New Deal Court's vast expansion of the power to regulate commerce. The article concludes that such implicit constitutional amendments are theoretically illegitimate and provide strong disincentives for "We the People" to become politically active in order to "correct" flaws in the original Constitution or interpretations thereof that are deemed no longer …
Fidelity As Integrity: Colloquy
Does The Constitution Deserve Our Fidelity: Colloquy
Does The Constitution Deserve Our Fidelity: Colloquy
Fordham Law Review
No abstract provided.
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
The Arduous Virtue Of Fidelity: Originalism, Scalia, Tribe, And Nerve, Ronald Dworkin
Fordham Law Review
No abstract provided.
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
The Importance Of Humility In Judicial Review: A Comment On Ronald Dworkin's Moral Reading Of The Constitution, Michael W. Mcconnell
Fordham Law Review
No abstract provided.
Constitutional Invocations , Frederick Schauer
Constitutional Invocations , Frederick Schauer
Fordham Law Review
No abstract provided.
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Integrity And Universality: A Comment On Ronald Dworkin's Freedom's Law, Robin West
Fordham Law Review
No abstract provided.
Fidelity To Our Imperfect Constitution, James E. Fleming
Fidelity To Our Imperfect Constitution, James E. Fleming
Fordham Law Review
No abstract provided.
Tradition Of The Written Constitution: A Comment On Professor Lessig's Theory Of Translation, Steven G. Calabresi
Tradition Of The Written Constitution: A Comment On Professor Lessig's Theory Of Translation, Steven G. Calabresi
Fordham Law Review
No abstract provided.
Fidelity And Constraint , Lawrence Lessig
On Fidelity In Constitutional Law, Jed Rubenfeld
On Fidelity In Constitutional Law, Jed Rubenfeld
Fordham Law Review
No abstract provided.
Discounting Accountability , Abner S. Greene
Constituting We The People , Mark Tushnet
Practice Of Faith, Martin S. Flaherty
Fidelity Through History (Or Do It), Jack N. Rakove
Fidelity Through History (Or Do It), Jack N. Rakove
Fordham Law Review
No abstract provided.
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
A Few Thoughts On Constitutionalism, Textualism, And Populism, Akhil Reed Amar
Fordham Law Review
No abstract provided.
Fidelity Through History And To It: An Impossible Dream, Robert J. Kaczorowski
Fidelity Through History And To It: An Impossible Dream, Robert J. Kaczorowski
Fordham Law Review
No abstract provided.
Fidelity Through History: Colloquy
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fidelity, Indeterminacy, And The Problem Of Constitutional Evil, Michael J. Klarman
Fordham Law Review
No abstract provided.