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1996

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Articles 61 - 68 of 68

Full-Text Articles in Law

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski Jan 1996

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …


Fact-Bargaining: An American Phenomenon, William T. Pizzi Jan 1996

Fact-Bargaining: An American Phenomenon, William T. Pizzi

Publications

No abstract provided.


A Text Is Just A Text, Paul F. Campos Jan 1996

A Text Is Just A Text, Paul F. Campos

Publications

No abstract provided.


Politics And The Rehnquist Court, James F. Simon Jan 1996

Politics And The Rehnquist Court, James F. Simon

Articles & Chapters

No abstract provided.


Judicial Selection In Michigan - Time For A Change?, John W. Reed Jan 1996

Judicial Selection In Michigan - Time For A Change?, John W. Reed

Articles

How are we to choose those who judge us? To whom do we entrust the responsibility of protecting our liberties and the power to determine our rights and liabilities? We look for men and women of integrity, diligence, legal ability, and judicial temperament, chosen by methods that balance judicial independence and public accountability.1


A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene Jan 1996

A Perspecive On "Temper In The Court: A Forum On Judicial Civility", Norman L. Greene

Fordham Urban Law Journal

This Essay focuses on the issue of judicial civility, which is not about the merits of any particular decision or an improvement in decision-making, but an aim to improve the tone of justice in the courts. Despite the fact that the Code of Judicial Conduct mandates temperance as part of a judge's job, abusive judge behavior has become too common.


Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett Jan 1996

Introduction: The Voices And Groups That Will Preserve (What We Can Preserve Of) Judicial Independence, John Q. Barrett

Faculty Publications

As the 1996 election year commenced, the leading issues of the day included welfare reform, late-term abortions, Bosnia, immigration, drugs, taxes, the budget deficit, and the budget impasse that had shut parts of the federal government. The "hot" national issues did not include judicial philosophy, federal judicial appointments, individual judges or particular judicial decisions. Within weeks, however, that changed, thanks to a single judicial opinion. On January 22, 1996, United States District Judge Harold Baer, Jr., decided a pretrial motion to suppress evidence in the then (and now) obscure New York federal drug prosecution of a woman from Detroit named …


Derecho En La Era Digital, Horacio M. Lynch Dec 1995

Derecho En La Era Digital, Horacio M. Lynch

Horacio M. LYNCH

No abstract provided.