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Articles 31 - 35 of 35
Full-Text Articles in Law
The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
The Outer Limits Of Community Self-Governance In Residential Associations, Municipalities, And Indian Country: A Liberal Theory, Mark D. Rosen
Mark D. Rosen
This Article provides a normative framework that seeks to answer the questions of when and to what extent society should allow "dissident" communities to opt out of general culture and govern themselves. It surveys a number of such groups and develops an ideal typical conception of the ideology that drives them. Drawing on John Rawls' Political Liberalism, the Article then argues that foundational liberal commitments require that society grant most of these communities far greater powers to self-govern than currently are allowed under the law, subject to certain limits that the Article identifies. The Article then applies its framework to …
Rationalizing Product Liability For Prescription Drugs: Implied Preemption, Federal Common Law, And Other Paths To Uniform Pharmaceutical Safety Standards (With D. Geiger), Mark Rosen
Mark D. Rosen
No abstract provided.
Defrocking The Courts: Resolving 'Cases Or Controversies,' Not Announcing Transcendental Truths, Mark Rosen
Defrocking The Courts: Resolving 'Cases Or Controversies,' Not Announcing Transcendental Truths, Mark Rosen
Mark D. Rosen
No abstract provided.
What Has Happened To The Common Law? -- Recent American Codifications, And Their Impact On Judicial Practice And The Law's Subsequent Development, Mark Rosen
Mark D. Rosen
The Article documents that the general failure of the nineteenth century movement to codify American common law has given way to a quiet piecemeal codification over the past seventy five years. The Article assesses the consequences of this large-scale shift from common law to code. While the jurisprudential concerns voiced by opponents of codification in the nineteenth century (that codification would strip judges of necessary discretion and freeze growth of the law) have not materialized, the recent American codes have shaped the law's subsequent evolution in several critical respects. For one, the Article shows that unarticulated, non-axiomatic views of human …
Book Note, How Communal Are Reasonable People? (Critique Of Stephen Macedo's Liberal Virtues: Citizenship, Virtue And Community In Liberal Constitutionalism), Mark Rosen
Mark D. Rosen
No abstract provided.