Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

PDF

University of Michigan Law School

Journal

Scholarship

Articles 1 - 3 of 3

Full-Text Articles in Law

The Problem Of Policing, Rachel A. Harmon Mar 2012

The Problem Of Policing, Rachel A. Harmon

Michigan Law Review

The legal problem of policing is how to regulate police authority to permit officers to enforce law while also protecting individual liberty and minimizing the social costs the police impose. Courts and commentators have largely treated the problem of policing as limited to preventing violations of constitutional rights and its solution as the judicial definition and enforcement of those rights. But constitutional law and courts alone are necessarily inadequate to regulate the police. Constitutional law does not protect important interests below the constitutional threshold or effectively address the distributional impacts of law enforcement activities. Nor can the judiciary adequately assess …


Neutral Principles In The 1950'S, Gary Peller Jun 1988

Neutral Principles In The 1950'S, Gary Peller

University of Michigan Journal of Law Reform

In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …


Henry Moore Bates, Roscoe Pound Jun 1949

Henry Moore Bates, Roscoe Pound

Michigan Law Review

It has been my uniform practice never to read from a manuscript or use notes when I am speaking to an audience, but in speaking of so old and dear a friend I feel a certain inhibition of emotion that stands in the way of an adequate oral speech. Moreover, when I think of Dean Bates' unswerving adherence to exact, accurate statement, his abhorrence of all exaggeration, of all overstatement, I feel that he would not be satisfied with one who followed the relatively loose method of oral statement instead of adhering to a carefully and meticulously prepared manuscript for …