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

Digital Commons Network™

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

2004

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 17581 - 17610 of 17680

Full-Text Articles in Entire DC Network

Management Of Marine Wildlife Disturbance, C. Kelly, G. A. Glegg, C. D. Speedie Jan 2004

Management Of Marine Wildlife Disturbance, C. Kelly, G. A. Glegg, C. D. Speedie

School of Geography, Earth and Environmental Sciences

In recent years, concerns have been raised about the health and status of a range of marine species in UK waters, including the bottlenose dolphin (Tursiops truncatus) and basking shark (Cetorhinus maximus). Disturbance and harassment from increasing inshore leisure traffic and a fascinated public have been identified as potential threats to these large marine species. This concern is coupled with a legislative framework that is perceived to be less effective in protecting key species than it could be, and difficult to enforce. This study examined the extent of anthropogenic disturbance to a range of marine wildlife in inshore waters around …


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 …


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.


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.


If You Can't Beat 'Em, Join 'Em: Implications For New York's Scalping Law In Light Of Recent Developments In The Ticket Business, Scott D. Simon Jan 2004

If You Can't Beat 'Em, Join 'Em: Implications For New York's Scalping Law In Light Of Recent Developments In The Ticket Business, Scott D. Simon

Fordham Law Review

No abstract provided.


When Futures Fight Back: For Long-Latency Injury Claimants In Mass Tort Class Actions, Are Asymptomatic Subclasses The Cure To The Disease?, Samantha Y. Warshauer Jan 2004

When Futures Fight Back: For Long-Latency Injury Claimants In Mass Tort Class Actions, Are Asymptomatic Subclasses The Cure To The Disease?, Samantha Y. Warshauer

Fordham Law Review

No abstract provided.


Is The True Threats Doctrine Threatening The First Amendment? Planned Parenthood Of The Columbia/Willamette, Inc. V. American Coalitiion Of Life Activists Signals The Need To Remedy An Inadequate Doctrine, Lori Weiss Jan 2004

Is The True Threats Doctrine Threatening The First Amendment? Planned Parenthood Of The Columbia/Willamette, Inc. V. American Coalitiion Of Life Activists Signals The Need To Remedy An Inadequate Doctrine, Lori Weiss

Fordham Law Review

No abstract provided.


The Buckhannon Stops Here: Buckhannon Board & Care Home, Inc. V. West Virginia Department Of Health & Human Resources Should Not Apply To The New York Equal Access To Justice Act, Annabelle Chan Jan 2004

The Buckhannon Stops Here: Buckhannon Board & Care Home, Inc. V. West Virginia Department Of Health & Human Resources Should Not Apply To The New York Equal Access To Justice Act, Annabelle Chan

Fordham Law Review

No abstract provided.


Symposium: Rawls And The Law: Editors' Foreword Jan 2004

Symposium: Rawls And The Law: Editors' Foreword

Fordham Law Review

No abstract provided.


Introduction, William Michael Treanor Jan 2004

Introduction, William Michael Treanor

Fordham Law Review

No abstract provided.


Keynote Address, Ronald Dworkin Jan 2004

Keynote Address, Ronald Dworkin

Fordham Law Review

No abstract provided.


The Why Of Constitutional Essentials, Lawrence G. Sager Jan 2004

The Why Of Constitutional Essentials, Lawrence G. Sager

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.


Are There Limits To Constitutional Change? Rawls On Comprehensive Doctrines, Unconstitutional Amendments, And The Basis Of Equality, Charles A. Kelbley Jan 2004

Are There Limits To Constitutional Change? Rawls On Comprehensive Doctrines, Unconstitutional Amendments, And The Basis Of Equality, Charles A. Kelbley

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, 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.


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 …


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.


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

Public Reason And Precluded Reasons, Dennis F. Thompson

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.


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.


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.


The Donation Registry, Robert D. Cooter Jan 2004

The Donation Registry, Robert D. Cooter

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.


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.


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.