Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 61 - 90 of 109

Full-Text Articles in Law

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.


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.


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.


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 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.


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.


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 …


The Law Of Peoples, Distributive Justice, And Migrations, Seyla Benhabib Jan 2004

The Law Of Peoples, Distributive Justice, And Migrations, Seyla Benhabib

Fordham Law Review

No abstract provided.


Rights, Reality, And Utopia, Martin S. Flaherty Jan 2004

Rights, Reality, And Utopia, Martin S. Flaherty

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.


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.


Tort, Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory C. Keating Jan 2004

Tort, Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory C. Keating

Fordham Law Review

No abstract provided.


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.


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.


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

Public Reason And Precluded Reasons, Dennis F. Thompson

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.


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 …


The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi Jan 2004

The Stars And Stripes In Al-Fardos Square: The Implications For The International Law Of Belligerent Occupation, Michael Ottolenghi

Fordham Law Review

No abstract provided.


Limited But Not Lost: A Comment On The Ecj's Golden Share Decisions, Christine O'Grady Putek Jan 2004

Limited But Not Lost: A Comment On The Ecj's Golden Share Decisions, Christine O'Grady Putek

Fordham Law Review

No abstract provided.


A Modest Reform: The New Rule 32.1 Permitting Citation To Unpublished Opinions In The Federal Courts Of Appeals, Anne Coyle Jan 2004

A Modest Reform: The New Rule 32.1 Permitting Citation To Unpublished Opinions In The Federal Courts Of Appeals, Anne Coyle

Fordham Law Review

No abstract provided.


An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler Jan 2004

An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler

Fordham Law Review

No abstract provided.


Rules 33 And 34: Defining E-Documents And The Form Of Production, David R. Buchanan, Adam I. Cohen, James C. Francis Iv, Paul M. Robertson Jan 2004

Rules 33 And 34: Defining E-Documents And The Form Of Production, David R. Buchanan, Adam I. Cohen, James C. Francis Iv, Paul M. Robertson

Fordham Law Review

No abstract provided.


Rules 26, 33, And/Or 34: Burdens Of Production: Locating And Accessing Electronically Stored Data, John M. Facciola, Robert M. Hollis, Gregory S. Mccurdy, Joseph M. Sellers Jan 2004

Rules 26, 33, And/Or 34: Burdens Of Production: Locating And Accessing Electronically Stored Data, John M. Facciola, Robert M. Hollis, Gregory S. Mccurdy, Joseph M. Sellers

Fordham Law Review

No abstract provided.


Rules 26 And/Or 34: Protection Against Inadvertent Privilege Waiver , Sheila L. Birnbaum, Daniel J. Capra, Jonathan M. Redgrave, Joseph R. Saveri Jan 2004

Rules 26 And/Or 34: Protection Against Inadvertent Privilege Waiver , Sheila L. Birnbaum, Daniel J. Capra, Jonathan M. Redgrave, Joseph R. Saveri

Fordham Law Review

No abstract provided.


Civil Rules Advisory Committee Alumni Panel: The Process Of Amending The Civil Rules, John L. Carroll, Patrick E. Higginbotham, Thomas D. Rowe Jr., C. Roger Vinson Jan 2004

Civil Rules Advisory Committee Alumni Panel: The Process Of Amending The Civil Rules, John L. Carroll, Patrick E. Higginbotham, Thomas D. Rowe Jr., C. Roger Vinson

Fordham Law Review

No abstract provided.


Euclid Lives? The Uneasy Legacy Of Progressivism In Zoning, Eric R. Claeys Jan 2004

Euclid Lives? The Uneasy Legacy Of Progressivism In Zoning, Eric R. Claeys

Fordham Law Review

No abstract provided.


The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee Jan 2004

The Law Of Typicality: Examining The Procedural Due Process Implications Of Sandin V. Conner, Donna H. Lee

Fordham Law Review

Although the Due Process Clause of the Fourteenth Amendment has long protected against deprivations that implicate state-created liberty interests as well as core constitutional concerns, the Supreme Court changed course in liberty interest jurisprudence in Sandin v. Conner. It retreated from a positivist approach and articulated a new test for determining when a prisoner's claim warrants procedural due process. The Court held that the challenged action must impose an "atypical and significant" hardship, but provided little guidance on how to measure typicality and significance. This Article proposes a methodology for examining typicality that is grounded in empirical evidence and advocates …


Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan Jan 2004

Nearly A Decade Later: Revisiting Gustafson And The Status Of Section 12(A)(2) Liability In The Courts - Creative Judicial Developments And A Proposal For Reform, Natasha S. Guinan

Fordham Law Review

No abstract provided.


Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft Jan 2004

Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft

Fordham Law Review

No abstract provided.