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Articles 1531 - 1560 of 1909
Full-Text Articles in Law
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster
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 …
Rights, Reality, And Utopia, Martin S. Flaherty
Rights, Reality, And Utopia, Martin S. Flaherty
Fordham Law Review
No abstract provided.
The Donation Registry, Robert D. Cooter
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.
Public Reason And Political Justifications, Samuel Freeman
Public Reason And Political Justifications, Samuel Freeman
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.
Tort, Ripstein, Rawls, And Responsibility, Stephen Perry
Tort, Ripstein, Rawls, And Responsibility, Stephen Perry
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, …
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, …
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.
Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams
Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams
Scholarly Articles in Law Reviews & Journals
In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …
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.
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.
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.
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.
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.
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.
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.
Comments: Individual Versus Collective Responsibility, Thomas Nagel
Comments: Individual Versus Collective Responsibility, Thomas Nagel
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.
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.
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 …
Public Reason And Precluded Reasons, Dennis F. Thompson
Public Reason And Precluded Reasons, Dennis F. Thompson
Fordham Law Review
No abstract provided.
Indigenous Voices And American Politics, David E. Wilkins
Indigenous Voices And American Politics, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
President [Bush], in a convoluted response to a question on the meaning of tribal sovereignty (essentially the inherent right of indigenous nations to self-governance) posed by a minority journalist on August 6, told the 7,500 assembled journalists that "tribal sovereignty means that it's sovereign. You're a—you've been given sovereignty and you're viewed as a sovereign entity. And therefore the relationship between the federal government and tribes is one between sovereign entities."
Nevertheless, these two statements by the leading presidential candidates are big deals for Indian nations. They provide a measure of overt national political recognition for several of the most …
False Campaign Speech And The First Amendment, William P. Marshall
False Campaign Speech And The First Amendment, William P. Marshall
Faculty Publications
No abstract provided.