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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
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
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
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
Comments: Individual Versus Collective Responsibility, Thomas Nagel
Fordham Law Review
No abstract provided.
Public Reason And Precluded Reasons, Dennis F. Thompson
Public Reason And Precluded Reasons, Dennis F. Thompson
Fordham Law Review
No abstract provided.
Public Reason And Political Justifications, Samuel Freeman
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
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
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
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
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
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
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
Securing Deliberative Democracy, James E. Fleming
Fordham Law Review
No abstract provided.
Gender, Democratic Citizenship V. Patriarchy: A Feminist Perspective On Rawls, Marion Smiley
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
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
Tort, The Division Of Responsibility And The Law Of Tort, Arthur Ripstein
Fordham Law Review
No abstract provided.
The Donation Registry, Robert D. Cooter
Constitutional Reductionism, Rawls, And The Religion Clauses, Abner S. Greene
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
Fordham Law Review
No abstract provided.