Law Commons^™

Outlaw Blues, Suzanna Sherry

Michigan Law Review

A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet

Chadha, Abner J. Mikva

Michigan Law Review

A Review of Chadha by Barbara Hinkson Craig

Siskel And Ebert At The Supreme Court, Thomas E. Baker

Michigan Law Review

A Review of Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process by Samuel Estreicher and John Sexton

A ‘Non-Power’ Looks At Separation Of Powers, Alan B. Morrison

Philip A. Hart Memorial Lecture

On April 6, 1989, Dean, Alan B. Morrison of George Washington Law, delivered the Georgetown Law Center’s ninth Annual Philip A. Hart Memorial Lecture: "A ‘Non-Power’ Looks at Separation of Powers."

Dean Morrison is the Lerner Family Associate Dean for Public Interest & Public Service at GW Law. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the non-profit and government sectors, and assisting students find ways to fund their legal education to make it possible for them to pursue careers …

Nonpublication In The Eleventh Circuit: An Empirical Analysis, Donald R. Songer, Danna Smith, Reginald S. Sheehan

Florida State University Law Review

This Article examines the criteria used by the Eleventh Circuit Court of Appeals in determining whether or not a judicial opinion should be published. Through an empirical study and analysis, the authors conclude that the written rule governing publication offers little guidance to the judges and is often applied inconsistently within the circuit.

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells

Scholarly Works

The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …

Equitable Damages In Nova Scotia, Peter M. Mcdermott

Dalhousie Law Journal

Section 2 of the Chancery Amendment Act 1858 (Lord Cairns' Act) conferred jurisdiction upon the Court of Chancery to award damages, in certain instances, either in addition to or in substitution for an injunction or specific performance. Lord Cairns'Act was based upon the report of the Chancery Commissioners who recommended that courts of equity should be empowered to award damages in a suit for an injunction, or for the specific performance of a contract. It may have been thought that the raison d'tre of Lord Cairns' Act would have ceased upon the commencement of the Judicature Act 1873. However, Lord …

The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel

Michigan Law Review

This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.

Supreme Court Voting Behavior: 1987 Term, Robert E. Riggs, Michael R. Moss

Brigham Young University Journal of Public Law

No abstract provided.

Inconsistent Standards Of Substantive Due Process In Economic Regulations: A Result Of The Federalist System Of Government, Keith L. Hendricks

Brigham Young University Journal of Public Law

No abstract provided.

The Fourth Circuit Review

Washington and Lee Law Review

No abstract provided.

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Regulating Judicial Misconduct And Divining "Good Behavior" For Federal Judges, Harry T. Edwards

Michigan Law Review

In recent years, we have witnessed an unprecedented number of instances in which federal judges have been accused of criminal behavior and other serious acts of misconduct. This raises major concerns regarding the scope and enforcement of canons of conduct for members of the judicial branch. It would be presumptuous for anyone to suggest a complete understanding of the notion of "good behavior" for federal judges, or to claim a fully satisfactory prescription for the problem of "judicial misconduct." That is not my object. In reflecting on these issues, however, I have come to realize that I may not share …

Beyond Parity: Section 1983 And The State Courts, Susan Herman

Faculty Scholarship

No abstract provided.

Review Of The Supreme Court's 1988-89 Term And Preview Of The 1989-90 Term For The Transnational Practitioner, J. Clark Kelso

McGeorge School of Law Scholarly Articles

No abstract provided.

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

The Role Of The Courts In Providing Legal Services: A Proposal To Provide Legal Access For The Poor, Talbot D'Alemberte

Florida State University Law Review

In a legal system as complex as America's, representation by counsel is often necessary for an individual to fully enjoy the right of access to the courts. Yet the high cost of legal representation, necessary for the protection of legal rights and for the just administration of the legal system, often places such representation beyond the reach of the poor. In this Introduction to the Petition that follows, Talbot (Sandy) D'Alemberte outlines the basis of the right to access to the judicial system and suggests a procedure by which this right can be effectively realized.

Killing Daddy: Developing A Self-Defense Strategy For The Abused Child, Joelle A. Moreno

Faculty Publications

No abstract provided.

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .

At-Will Employment: An Overview, Theodore J. St. Antoine

Articles

The most dramatic development of the last decade has been the rapid judicial expansion of modifications in at-will employment doctrine.

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

Articles

As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …

Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.

Aliens' Right To Seek Asylum: The Attorney General's Power To Exclude "Security Threats" And The Role Of The Courts, Mary S. Miller

Vanderbilt Journal of Transnational Law

The United States Court of Appeals for the Second Circuit is the only circuit court to analyze the relationship between section 235(c) and section 243(h), as amended by the Refugee Act. In "Azzouka v. Sava," the court resolved the apparent conflict between the two acts by holding that if the Attorney General determines that an alien is a security threat, that alien may be excluded without a hearing before an immigration judge despite the fact that the alien has requested political asylum."

This Note examines the interrelationship between sections 235(c) and 243(h) by analyzing the legislative, judicial, and administrative interpretations …

Dralle V. Ruder: Did The Decision Close The Book On Recovery For Society And Companionship In Illinois Or Just Turn The Page, 22 J. Marshall L. Rev. 721 (1989), Frank I. Powers

UIC Law Review

No abstract provided.

Ninth Circuit Resolution Proposing Repeal Of 28 U.S.C. § 1447(D), Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust

Michigan Journal of International Law

Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …

Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick

Michigan Journal of International Law

Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.