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Full-Text Articles in Law
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Michigan Law Review
In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …
Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review
Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review
Michigan Law Review
This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the …
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
From Swift To Erie: An Historical Perspective, Gene R. Shreve
From Swift To Erie: An Historical Perspective, Gene R. Shreve
Michigan Law Review
A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer