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Full-Text Articles in Law
Outlaw Blues, Suzanna Sherry
Outlaw Blues, Suzanna Sherry
Michigan Law Review
A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Michigan Law Review
A Review of Packing the Courts: The Conservative Campaign to Rewrite the Constitution by Herman Schwartz
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo
Michigan Journal of International Law
This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …