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Articles 1 - 11 of 11
Full-Text Articles in Law
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
The National Court Of Appeals: A Constitutional "Inferior Court"?, Michigan Law Review
Michigan Law Review
Objections have been raised to the necessity for and the practicality of such a court. These objections are, however, tangential to the subject of this Note and are fully discussed elsewhere. An additional question has been raised regarding the constitutionality of the proposed court. Article III, section 1, of the Constitution provides: "The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Several commentators have challenged the proposed court as violative of the provision for "one supreme Court." There is, …
Limited Government And Judicial Review, Paul G. Kauper
Limited Government And Judicial Review, Paul G. Kauper
Michigan Law Review
A Book Review of Limited Government and Judicial Review by Durga Das Basu
Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review
Self-Incrimination: Privilege, Immunity, And Comment In Bar Disciplinary Proceedings, Michigan Law Review
Michigan Law Review
The questions of the extent of an attorney's right to claim the privilege against self-incrimination during bar disciplinary proceedings and of the consequences of the exercise of the privilege has created a sharp division of opinion. The privilege against self-incrimination necessarily involves a conflict between the public's interest in disclosure and the individual's interest in privacy and nondisclosure. However, the conflict is exacerbated when the individual claiming the privilege is entrusted with important public responsibilities.
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
The Submerged Constitutional Right To An Absentee Ballot, Michigan Law Review
Michigan Law Review
In an attempt to accommodate the growing number of people who cannot be present at the polls on election day, many states and the federal government have enacted statutes that allow voters to cast their ballots in advance of the election either by mail or in person. Eligibility for these absentee ballots is, however, restricted to those voters who fall within the classifications set up by the statute, and occasionally the option is open only to those who wish to vote in general elections. The few court decisions that have reviewed state absentee-ballot legislation, or the lack of such legislation, …
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Immunity Under The Speech Or Debate Clause For Republican And From Questioning About Sources, Michigan Law Review
Michigan Law Review
Gravel v. United States, which arose out of Senator Mike Gravel's attempt to publicize the Pentagon Papers, concerned the scope of the immunity conferred upon a legislator and his aide under article I, section 6, of the United States Constitution. This provision, commonly called the "speech or debate clause," provides that "for any Speech or Debate in either House, [United States Senators or Representatives] shall not be questioned in any other Place." Gravel is one of the few Supreme Court interpretations of this clause.
The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review
The Constitutionality Of State Residency Requirements For Admission To The Bar, Michigan Law Review
Michigan Law Review
There has been controversy in the lower federal courts concerning durational residency requirements and one recent state court challenge of a simple residency requirement. This Note will discuss the constitutional validity of these requirements in the face of equal protection attacks, concentrating on the extent to which such requirements are justified by the interests of state courts in maintaining the integrity of their legal systems.
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
University of Michigan Journal of Law Reform
To anyone raised under the Constitution of the United States, that document's declaration that it is "the supreme law of the land" may appear as a commonplace assertion. In some other nations the constitution is not viewed as law, but is seen as a primarily political document. In fact, some foreign constitutions are formally proclaimed to be "political constitutions." The writers of the American Constitution were well aware that they were engaged in fashioning an arrangement for the exercise of political functions and the peaceful adjustment of political conflict. And, however much validity there continues to be to de Tocqueville's …
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
Articles
Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
The Confrontation Clause And The Scope Of The Unavailability Requirement, Jerry J. Phillips
University of Michigan Journal of Law Reform
The confrontation clause is that language of the sixth amendment to the United States Constitution which provides, "[I]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him." Despite the seemingly absolute language of the confrontation clause, which would suggest that no hearsay evidence may be admitted against an accused in a criminal proceeding, its guarantee has been subject to exception. For example, when either a witness to an event or his testimony is shown to be unavailable, others will be allowed to testify as to the information which the declarant-witness has related …
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
University of Michigan Journal of Law Reform
It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …