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University of Michigan Law School

Injunctions

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The Unconstitutionality, Ineffectiveness, And Alternatives Of Gang Injunctions, Thomas A. Myers Jan 2009

The Unconstitutionality, Ineffectiveness, And Alternatives Of Gang Injunctions, Thomas A. Myers

Michigan Journal of Race and Law

Gang violence across America puts in jeopardy the peace and tranquility of neighborhoods. Cities are challenged to keep their communities safe from gang violence. One common way in which cities attempt to combat violent gang activity is by using gang injunctions. Gang injunctions are court orders that prohibit gang members from conducting already-illegal activities such as vandalism, loitering, and use or possession of illegal drugs or weapons within a defined area. These injunctions, however, also prohibit otherwise legal activity such as associating with others within the restricted area of the injunction, using words or hand gestures, and wearing certain clothing. …


In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe Jun 1943

In Defense Of The Supreme Court's Picketing Doctrine, Louis L. Jaffe

Michigan Law Review

Picketing, pursued by state prohibition, has now found sanctuary in the Constitution. The Fourteenth Amendment recognizes it as free speech. But not always, says the majority of the Court. There has been sharp fire from both the Right and the Left. The criticism runs much as it did against the Duke of York's generalship of his men. "When they were half-way up they were neither up nor down." In a recent article Mr. Teller argues that picketing is not an exercise of free speech and should never have been constitutionally guaranteed as such. It was the first mistake of the …