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Full-Text Articles in Law
The Lawyer's Role In A Contemporary Democracy, Promoting The Rule Of Law, Government Lawyers, Democracy, And The Rule Of Law, W. Bradley Wendel
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
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
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
Fordham Law Review
No abstract provided.
Presidential Popular Constitutionalism, Jedidiah Purdy
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” of …
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.
Proper Assertion Of The Deliberative Process Privilege: The Agency Head Requirement, Shilpa Narayan
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.
The Processes Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson
The Processes Of Constitutional Change: From Partisan Entrenchment To The National Surveillance State, Jack M. Balkin, Sanford Levinson
Fordham Law Review
No abstract provided.
Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel
Originalism As A Political Practice: The Right's Living Constitution, Robert Post, Reva Siegel
Fordham Law Review
No abstract provided.
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Does It Really Matter? Conservative Courts In A Conservative Era, Mark A. Graber
Fordham Law Review
No abstract provided.
Constitutional Chicken Soup, Tracy E. Higgins
Constitutional Chicken Soup, Tracy E. Higgins
Fordham Law Review
No abstract provided.
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
The New Constitution And The Judicialization Of Pure Politics Worldwide, Ran Hirschl
Fordham Law Review
No abstract provided.
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Political Power And Judicial Power: Some Observations On Their Relation, Mark Tushnet
Fordham Law Review
No abstract provided.
Wild Political Dreaming: Constitutional Reformation Of The United States Senate, Scott J. Bowman
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
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
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
Race And Ethnicity, Race, Labor, And The Fair Equality Of Opportunity Principle, Seana Valentine Shiffrin
Fordham Law Review
No abstract provided.
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.
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.
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 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 …
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.
Rights, Reality, And Utopia, Martin S. Flaherty
Rights, Reality, And Utopia, Martin S. Flaherty
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.
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.