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Articles 2461 - 2490 of 3324
Full-Text Articles in Entire DC Network
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Race And Ethnicity, Race And Social Justice: Rawlsian Considerations, Tommie Shelby
Fordham Law Review
No abstract provided.
The Incoherence Between Rawls's Theories Of Justice, Thomas W. Pogge
The Incoherence Between Rawls's Theories Of Justice, Thomas W. Pogge
Fordham Law Review
Would it be desirable to reform the global institutional order in conformity with the principles Rawls defends in A Theory on Justice? Rawls himself denies this and proposes a different moral theory (The Law of Peoples) for the relations among self-governing peoples. While sharing a questionable, purely recipient-oriented approach, his two theories differ importantly in substance and structure. The former gives weight only to the interests of individual persons, yet the latter gives no weight to these interests at all. The former theory is three-tiered and institutional, centering on a public criterion of justice that is justified through a contractualist …
Rights, Reality, And Utopia, Martin S. Flaherty
Rights, Reality, And Utopia, Martin S. Flaherty
Fordham Law Review
No abstract provided.
Patent Politics, Michael Henry Davis
Patent Politics, Michael Henry Davis
Law Faculty Articles and Essays
To observe that so-called intellectual property (IP) flowered in the late twentieth century, even supplanting, to a large extent, the place of real and tangible personal property in terms of corporate, if not individual, wealth, is almost trite. Since IP has become the bedrock of most commercial wealth, especially in international trade, and since international trade is, or is about to become, the center of most commercially valuable trade, a comprehensive understanding of IP has become essential. Instead of being the reserve of technicians, the field demands a full examination by jurists and the larger society.Although IP literature has blossomed, …
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.
Politics, Morals And Embryos, George J. Annas, Sherman Elias
Politics, Morals And Embryos, George J. Annas, Sherman Elias
Faculty Scholarship
Bioethics in the United States reflects US culture and tends to be pragmatic, market-oriented and insular. Add embryo politics to this mix and, over the past few years, the result has been a bioethics that has become so narrow and selfabsorbed as to be virtually irrelevant to the rest of the world. Not all the blame for this can be placed on President George W. Bush’s political agenda for his President’s Council on Bioethics, now in its third year of operation, but much can. The council has made public bioethics the servant of politics by pursuing a narrow, embryo-centric agenda. …
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
J'Accuse For The Bush Administration: A Review Of Richard A. Clarke's Against All Enemies: Inside America's War On Terror, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Cleveland State Law Review
This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …
Antagonism And Relational Aesthetics, Claire Bishop
Antagonism And Relational Aesthetics, Claire Bishop
Publications and Research
A critique of relational aesthetics, as theorized by Nicolas Bourriaud, and exemplified in the work of Rirkrit Tiravanija and Liam Gillick. Using Laclau and Mouffe's theory of democracy as antagonism, the paper proposes instead a 'relational antagonism' found in certain projects by Santiago Sierra and Thomas Hirschhorn.
Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen
Race And Ethnicity, Race, Face, And Rawls, Anita L. Allen
Fordham Law Review
No abstract provided.
Making Regime Change Multilateral - The War On Terror And Transitions To Democracy, Peter Margulies
Making Regime Change Multilateral - The War On Terror And Transitions To Democracy, Peter Margulies
Denver Journal of International Law & Policy
No abstract provided.
Nafta Chapter 11 Dispute Resolution And Mexico: A Healthy Mix Of International Law Economics, And Politics, Scott R. Jablonski
Nafta Chapter 11 Dispute Resolution And Mexico: A Healthy Mix Of International Law Economics, And Politics, Scott R. Jablonski
Denver Journal of International Law & Policy
No abstract provided.
Sex, Politics, And Religion: The Clash Between Poland And The European Union Over Abortion, Alicia Czerwinski
Sex, Politics, And Religion: The Clash Between Poland And The European Union Over Abortion, Alicia Czerwinski
Denver Journal of International Law & Policy
No abstract provided.
The Nostalgic Turn And The Politics Of Ressentiment, William M. Reynolds
The Nostalgic Turn And The Politics Of Ressentiment, William M. Reynolds
Curriculum, Foundations & Reading: Faculty Publications
The Greatest Generation, Band of Brothers, We Were Soldiers, Nick at Night, and the confederate battle flag. We are looking backward, because looking forward is too problematic. We are living within a global conservative restoration, which has gained intensity since 9/11 and gained further solidification since the most recent elections. Ira Shor elaborated the concept of the conservative restoration in his text, Culture Wars: School and Society in the Conservative Restoration 1969-1984 (1986).
Constitutional Hardball, Mark V. Tushnet
Constitutional Hardball, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
For the past several years I have been noticing a phenomenon that seems to me new in my lifetime as a scholar of constitutional law. I call the phenomenon constitutional hardball. This Essay develops the idea that there is such a practice, that there is a sense in which it is new, and that its emergence (or re-emergence) is interesting because it signals that political actors understand that they are in a position to put in place a new set of deep institutional arrangements of a sort I call a constitutional order. A shorthand sketch of constitutional hardball is this: …
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 …
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.
Public Reason And Precluded Reasons, Dennis F. Thompson
Public Reason And Precluded Reasons, Dennis F. Thompson
Fordham Law Review
No abstract provided.
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.
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.
Tort, Ripstein, Rawls, And Responsibility, Stephen Perry
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
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
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
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.
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.
What Self-Governing Peoples Owe To One Another: Universalism, Diversity, And The Law Of Peoples, Stephen Macedo
What Self-Governing Peoples Owe To One Another: Universalism, Diversity, And The Law Of Peoples, Stephen Macedo
Fordham Law Review
No abstract provided.
The Law Of Peoples, Distributive Justice, And Migrations, Seyla Benhabib
The Law Of Peoples, Distributive Justice, And Migrations, Seyla Benhabib
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.