Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitution (5)
- History (3)
- Constitutional interpretation (2)
- United States Supreme Court (2)
- War (2)
-
- Abortion (1)
- Bill of Rights (1)
- Confessions (1)
- Constitutional amendments (1)
- Detention (1)
- England (1)
- Euthanasia (1)
- Federal courts (1)
- Federalism (1)
- Fifth Amendment (1)
- Freedom (1)
- Gender and law (1)
- Habeas corpus (1)
- Police (1)
- Postconviction remedies (1)
- Presidents (1)
- Prisoners (1)
- Privileges (1)
- Recess Appointments Clause (1)
- Recess appointments (1)
- Responsibility (1)
- Self-incrimination (1)
- Senate (1)
- State constitutions (1)
- Suspension Clause (1)
Articles 1 - 10 of 10
Full-Text Articles in Law
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
When Is The Senate In Recess For Purposes Of The Recess Appointment Clause?, Michael A. Carrier
Michigan Law Review
This Note argues that courts should interpret the Constitution to allow the President to make recess appointments only during intersession recesses of the Senate. Part I chronicles the history of presidential recess appointments. This Part highlights the increasing frequency of, and questionable need for, intrasession recess appointments in the past twenty-five years. Part II examines the text of the Recess Appointments Clause and the intentions of the Framers regarding the scope of the clause and the appointment power in general. This Part argues that the text and the Framers' intentions indicate that the President's power to make recess appointments should …
Moses And Modernism, Neil H. Cogan
Moses And Modernism, Neil H. Cogan
Michigan Law Review
A Review of The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties by Patrick T. Conley and John P. Kaminski and State Constitutional Law: Litigating Individual Rights, Claims and Defenses by Jennifer Friesen and Reference Guides to the State Constitutions of the United States
Rehabilitating Federalism, Erwin Chemerinsky
Rehabilitating Federalism, Erwin Chemerinsky
Michigan Law Review
A Review of To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer
The Interpretable Constitution, Steven C. Coberly
The Interpretable Constitution, Steven C. Coberly
Michigan Law Review
A Review of The Interpretable Constitution by William F. Harris II
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Life's Sacred Value—Common Ground Or Battleground, Alexander Morgan Capron
Michigan Law Review
A Review of Life's Dominion: An Argument About Abortion, Euthanasia, and Individual Freedom by Ronald Dworkin
Executive Detention In Time Of War, Richard A. Posner
Executive Detention In Time Of War, Richard A. Posner
Michigan Law Review
A Review of In the Highest Degree Odious: Detention Without Trial in Wartime Britain by A.W. Brian Simpson
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
War Powers: An Essay On John Hart Ely's War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath, Philip Bobbitt
Michigan Law Review
A Review of War and Responsibility: Constitutional Lessons of Vietnam and its Aftermath by John Hart Ely
The Constitution Of Reasons, Robin L. West
The Constitution Of Reasons, Robin L. West
Michigan Law Review
A Review of The Partial Constitution by Cass R. Sunstein
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Taking The Fifth: Reconsidering The Origins Of The Constitutional Privilege Against Self-Incrimination, Eben Moglen
Michigan Law Review
The purpose of this essay is to cast doubt on two basic elements of the received historical wisdom concerning the privilege as it applies to British North America and the early United States. First, early American criminal procedure reflected less tenderness toward the silence of the criminal accused than the received wisdom has claimed. The system could more reasonably be said to have depended on self-incrimination than to have eschewed it, and this dependence increased rather than decreased during the provincial period for reasons intimately connected with the economic and social context of the criminal trial in colonial America.
Second, …
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Incorporating The Suspension Clause: Is There A Constitutional Right To Federal Habeas Corpus For State Prisoners?, Jordan Steiker
Michigan Law Review
In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. At that time, the Court suggested, rather surprisingly, that its solicitude toward such petitions might be constitutionally mandated by the Suspension Clause, the only provision in the Constitution that explicitly refers to the "Writ of Habeas Corpus." Now, thirty years later, the Court has essentially overruled those expansive rulings, and Congress has considered, though not yet enacted, further limitations on the availability of the writ. Despite these significant assaults on the habeas forum, the constitutional argument appears to have been entirely abandoned. The …