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Full-Text Articles in Law

Presidential Popular Constitutionalism, Jedidiah Purdy Jan 2009

Presidential Popular Constitutionalism, Jedidiah Purdy

Fordham Law Review

This Article adds a new dimension to the most important and influential strand of recent constitutional theory: popular or democratic constitutionalism, the investigation into how the U.S. Constitution is interpreted (1) as a set of defining national commitments and practices, not necessarily anchored in the text of the document, and (2) by citizens and elected politicians outside the judiciary. Wide-ranging and ground-breaking scholarship in this area has neglected the role of the President as a popular constitutional interpreter, articulating and revising normative accounts of the nation that interact dynamically with citizens’ constitutional understandings. This Article sets out a “grammar ...


The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Natural Legal Guardians Of Judicial Independence And Academic Freedom, Robin D. Barnes Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, Natural Legal Guardians Of Judicial Independence And Academic Freedom, Robin D. Barnes

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Lawyering At The Extremes: The Representation Of Tom Mooney, 1916-1939, Rebecca Roiphe

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer Jan 2009

The Lawyer's Role In A Contemporary Democracy, Promoting Access To Justice And Government Institutions, Equalizers And Translators: Lawyers' Ethics In A Constitutional Democracy, Martin Bohmer

Fordham Law Review

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana Jan 2009

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Fordham Law Review

No abstract provided.


Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan Jan 2008

Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan

Fordham Law Review

Can any employee of an executive agency assert the deliberative process privilege in order to withhold information in response to a valid request? This Note examines the agency head requirement for assertion of the deliberative process privilege and concludes that only executive officials possessing policy-making authority may invoke the privilege. Such privilege determinations must come from a policy-making official in order to curb abuse and maintain the integrity of executive decisions. Recognition of such a policy-making distinction with regard to the agency head requirement will serve both the Executive’s and the public’s interest in ensuring effective governance.


Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel Jan 2006

Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel

Fordham Law Review

No abstract provided.


The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl Jan 2006

The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl

Fordham Law Review

No abstract provided.


Constitutional Chicken Soup, Tracy E. Higgins Jan 2006

Constitutional Chicken Soup, Tracy E. Higgins

Fordham Law Review

No abstract provided.


Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet Jan 2006

Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet

Fordham Law Review

No abstract provided.


The Processes Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson Jan 2006

The Processes Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson

Fordham Law Review

No abstract provided.


Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber Jan 2006

Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber

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.


Securing Deliberative Democracy, James E. Fleming Jan 2004

Securing Deliberative Democracy, James E. Fleming

Fordham Law Review

No abstract provided.


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.


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.


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.


Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman Jan 2004

Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman

Fordham Law Review

No abstract provided.


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, 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.


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, 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, 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.


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.


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

Rights, Reality, And Utopia, Martin S. Flaherty

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.


Tort, Ripstein, Rawls, And Responsibility, Stephen Perry Jan 2004

Tort, Ripstein, Rawls, And Responsibility, Stephen Perry

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.


The Donation Registry, Robert D. Cooter Jan 2004

The Donation Registry, Robert D. Cooter

Fordham Law Review

No abstract provided.