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Full-Text Articles in Law

The Divided Supreme Court, 1944-1945, C. Herman Pritchett Dec 1945

The Divided Supreme Court, 1944-1945, C. Herman Pritchett

Michigan Law Review

The United States Supreme Court has in recent years been supplying fascinating material for students interested in the interplay of personal and institutional factors in the judicial decision-making process. Contrary to the more restrictive practices of some other legal systems, the traditions of the American judiciary have never insisted that justices sitting en banc should hide the existence of division among themselves behind a facade of pretended unanimity. Justices who dissent from a decision of their brethren have been permitted to say so, and to give their reasons. This practice has had an immeasurably great effect in facilitating the growth …


Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee Jun 1945

Apportionment Of Representation In The Legislature: A Study Of State Constitutions, Elizabeth Durfee

Michigan Law Review

This paper is concerned with the rules found in our state constitutions for apportionment of representation in the state legislature. It does not attempt to solve the problems of high-tension politics that are involved in the making and remaking of such rules; it goes no deeper than an exposition of existing rules. Even on this level it is not exhaustive. Since the constitutions exhibit manifold variations, from simple directions which are scarcely more than a declaration of policy to complex rules for the formation of districts, no attempt will be made to classify all the different types of provisions. With …