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Articles 1 - 27 of 27
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Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot
Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot
University of Michigan Journal of Law Reform
This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states to …
Law And Disorder, Robert W. Gordon
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
Shacking Up With The First Amendment: Symbolic Expression And The Public University, Laura L. Goodman
Shacking Up With The First Amendment: Symbolic Expression And The Public University, Laura L. Goodman
Indiana Law Journal
No abstract provided.
Letting Go Of The Eleventh Amendment, Gene R. Shreve
Letting Go Of The Eleventh Amendment, Gene R. Shreve
Indiana Law Journal
No abstract provided.
Constitutional Conventions, Frederick Schauer
Constitutional Conventions, Frederick Schauer
Michigan Law Review
A Review of American Constitutional Law Second Edition, by Laurence H. Tribe
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle
Seattle University Law Review
Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper
Seattle University Law Review
The purpose of this Note is to analyze the decision by the United State Court of Appeals for the Sixth Circuit in Mozert v. Hawkins County Board of Education in light of recent United States Supreme Court opinions regarding the free exercise of religion. Section I will explain the legal issues that are relevant in deciding this and similar free exercise cases. Section II will discuss the history and background of the Mozert case. Section III will discuss the different opinions in Mozert. Section IV will analyze and critique the different rationales used to decide this case. After weighing …
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Michigan Law Review
A Review of Philosophy, The Federalist, and the Constitution by Morton White
Outlaw Blues, Suzanna Sherry
Outlaw Blues, Suzanna Sherry
Michigan Law Review
A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet
Onward Constitutional Soldiers, Milner S. Ball
Onward Constitutional Soldiers, Milner S. Ball
Michigan Law Review
A Review of Constitutional Faith by Sanford Levinson
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Michigan Law Review
A Review of Packing the Courts: The Conservative Campaign to Rewrite the Constitution by Herman Schwartz
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
The Constitution And The Liberal Arts, George Mitchell
The Constitution And The Liberal Arts, George Mitchell
The Kentucky Review
No abstract provided.
Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown
Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown
Indiana Law Journal
No abstract provided.
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy
Michigan Law Review
The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Michigan Journal of International Law
Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile
Indiana Law Journal
No abstract provided.
The Beggar's Free Speech, Anthony J. Rose
First Amendment, Burt Neuborne
Weighted Voting, Richard David Emery ,Esq.
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman
Touro Law Review
No abstract provided.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.
Touro Law Review
No abstract provided.
Fourth Amendment, William E. Hellerstein
Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard
Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard
Michigan Journal of International Law
Western Sovietologists were startled when Secretary General Mikhail S. Gorbachev set his craftsmen to work in the Summer of 1988 to prepare a revised structure for the Union of Soviet Socialist Republics ("U.S.S.R."). While some hint of what was to come had been given by publications prior to the 19th Communist Party Conference, and while some of these appeared in the theses to be debated at the Conference, Westerners expected little more than a call from the tribune for change in attitudes. Basic State structures established by Leonid Brezhnev in his 1977 Constitution had not previously been questioned. Critics levelled …
Treaties In A Constitutional Democracy, Louis Henkin
Treaties In A Constitutional Democracy, Louis Henkin
Michigan Journal of International Law
This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …