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Articles 91 - 109 of 109

Full-Text Articles in Law

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.


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.


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.


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.


Securing Deliberative Democracy, James E. Fleming Jan 2004

Securing Deliberative Democracy, James E. Fleming

Fordham Law Review

No abstract provided.


Gender, Democratic Citizenship V. Patriarchy: A Feminist Perspective On Rawls, Marion Smiley Jan 2004

Gender, Democratic Citizenship V. Patriarchy: A Feminist Perspective On Rawls, Marion Smiley

Fordham Law Review

No abstract provided.


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.


The Donation Registry, Robert D. Cooter Jan 2004

The Donation Registry, Robert D. Cooter

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.


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.