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The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Michigan Law Review
This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.
An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth
An Examination Of Whether Incarcerated Juveniles Are Entitled By The Constitution To Rehabilitative Treatment, Andrew D. Roth
Michigan Law Review
This Note attempts to resolve the arguments presented in the literature and the case law and determine whether the federal Constitution mandates a right to treatment for involuntarily incarcerated juveniles. Part I examines the varied situations that have given rise to right to treatment claims. Part II elucidates the three principal theories on which right to treatment claims have been based: (1) that because the purpose of incarcerating juveniles is to promote their welfare, rehabilitation is mandated by the due process requirement that the nature of the commitment "bear some reasonable relation to the purpose for which the individual is …
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Michigan Law Review
The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review
The Dilemmas Of Individualism: Status, Liberty, And American Constitutional Law, Michigan Law Review
Michigan Law Review
A Review of The Dilemmas of Individualism: Status, Liberty, and American Constitutional Law by Michael J. Phillips
America's Unwritten Constitution: Science, Religion, And Political Responsibility, Michigan Law Review
America's Unwritten Constitution: Science, Religion, And Political Responsibility, Michigan Law Review
Michigan Law Review
A Review of America's Unwritten Constitution: Science, Religion, and Political Responsibility by Don K. Price
On What The Constitution Means, Michigan Law Review
On What The Constitution Means, Michigan Law Review
Michigan Law Review
A Review of On What the Constitution Means by Sotirios A. Barber