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Articles 1 - 16 of 16

Full-Text Articles in Law

Haunted By Brown, Robert Lipkin Dec 2008

Haunted By Brown, Robert Lipkin

Robert Justin Lipkin

No abstract provided.


The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin Dec 2008

The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin

Robert Justin Lipkin

Does political theory have an interesting relationship to presidential politics? This Article argues that the public statements of Senator Barack Obama exemplify an anti-foundationalist theory of political dispute resolution. This theory, called “deliberative conversationalism,” attempts to answer the question of how agreement is possible in a republican democracy. The theory’s central features include deliberation, conversation, transformative change, community, and, consensus. These are also elements in Senator Obama’s vision for a new American politics. Understanding the relationship between the theory of deliberative conversationalism and Senator Obama’s public statements provides a window into the mind of a politician who may become the …


Federalism As Balance, Robert Justin Lipkin Dec 2003

Federalism As Balance, Robert Justin Lipkin

Robert Justin Lipkin

Federalism as balance between the federal government and the states is a deeply entrenched principle of American constitutional law. Without the idea of balance or some replacement concept, judges and constitutional scholars seem incapable of conceptualizing federalism and resolving federalist conflicts. The thesis of the Article is that federalism as balance must be reexamined to assess whether it is jurisprudentially sound. For this purpose, the Article introduces a framework for understanding balancing discourse generally. Upon examination, federalism as balance does not satisfy the requirements articulated by this framework. The result is that this conception has no discernible content and therefore …


A Reply To Justice Philip Talmadge, Robert Lipkin Dec 2000

A Reply To Justice Philip Talmadge, Robert Lipkin

Robert Justin Lipkin

No abstract provided.


Deliberativism As The Moral Personality Of American Citizenship, Robert Justin Lipkin Dec 2000

Deliberativism As The Moral Personality Of American Citizenship, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Foreword, Robert Lipkin Dec 1998

Foreword, Robert Lipkin

Robert Justin Lipkin

No abstract provided.


Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin Dec 1997

Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin

Robert Justin Lipkin

No abstract provided.


Religious Justification In The American Communitarian Republic, Robert Justin Lipkin Dec 1995

Religious Justification In The American Communitarian Republic, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Pragmatism─The Unfinished Revolution: Doctrinaire And Reflective Pragmatism In Rorty's Social Thought, Robert Justin Lipkin Jan 1993

Pragmatism─The Unfinished Revolution: Doctrinaire And Reflective Pragmatism In Rorty's Social Thought, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Kibitzers, Fuzzies, And Apes Without Tails: Pragmatism And The Art Of Conversation In Legal Theory, Robert Justin Lipkin Jan 1991

Kibitzers, Fuzzies, And Apes Without Tails: Pragmatism And The Art Of Conversation In Legal Theory, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Liberalism, Radicalism And Utopian Ideals, Robert Justin Lipkin Jan 1990

Liberalism, Radicalism And Utopian Ideals, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Beyond Skepticism, Foundationalism And The New Fuzziness: The Role Of Wide Reflective Equilibrium In Legal Theory, Robert Justin Lipkin Jan 1990

Beyond Skepticism, Foundationalism And The New Fuzziness: The Role Of Wide Reflective Equilibrium In Legal Theory, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Punishment, Penance And Respect For Autonomy, Robert Justin Lipkin Jan 1988

Punishment, Penance And Respect For Autonomy, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


The Moral Good Theory Of Punishment, Robert Justin Lipkin Jan 1988

The Moral Good Theory Of Punishment, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Conventionalism, Pragmatism, And Constitutional Revolutions, Robert Justin Lipkin Jan 1988

Conventionalism, Pragmatism, And Constitutional Revolutions, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.


Beyond Good Samaritans And Moral Monsters: An Individualistic Justification Of The General Legal Duty To Rescue, Robert Justin Lipkin Jan 1983

Beyond Good Samaritans And Moral Monsters: An Individualistic Justification Of The General Legal Duty To Rescue, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.