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How To Prevent Another Larsen Affair, Bruce Ledewitz
How To Prevent Another Larsen Affair, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins
Faculty Publications
No abstract provided.
Punishment Most Cruel, Bruce Ledewitz
Punishment Most Cruel, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Rico's Latest Victim—Social Protest, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
The Public Interest And The Unconstitutionality Of Private Prosecutors, John Bessler
All Faculty Scholarship
This article discusses the history of private and public prosecution in the United States, including standards governing prosecutorial ethics. It argues that the use of private prosecutors is unethical and violative of defendants' constitutional rights. In particular, the article asserts that the use of such prosecutors violates due process principles and creates, at the very least, an unacceptable appearance of impropriety. The article contends that the public's interest in not having its members erroneously charged or convicted in the criminal process outweighs an interested party's right to retain a private prosecutor as set forth in some state laws. In addition …
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer
Articles
No abstract provided.
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Reviews
This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
The Role Of Lower State Courts In Adapting State Law To Changed Federal Interpretations, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Faculty Articles
No abstract provided.
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
A Reaffirmation: The Authenticity Of The Roberts Memorandum, Or Felix The Non-Forger (Justices Felix Frankfurter And Owen J. Roberts), Richard D. Friedman
Articles
In the December 1955 issue of this Law Review, Justice Felix Frankfurter published a tribute to his late friend and colleague, Owen J. Roberts.' The tribute centered on what Frankfurter claimed was the text of a memorandum that Roberts wrote in 1945 to explain his conduct in the critical minimum wage cases of 1936 and 1937, Morehead v. New York ex rel. Tipaldo2 and West Coast Hotel Co. v. Parrish.' Scholars have often challenged the adequacy of Roberts's account of why he cast decisive votes for the conservatives in Tipaldo and for the liberals in West Coast Hotel.4 Until recently, …
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …
Democratic Credentials, Donald J. Herzog
Democratic Credentials, Donald J. Herzog
Articles
We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …
The Roman Foundations Of European Law, William Ewald
The Roman Foundations Of European Law, William Ewald
All Faculty Scholarship
No abstract provided.