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Full-Text Articles in Law

One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen Dec 1966

One Civil Libertarian Among Many: The Case Of Mr. Justice Goldberg, Ira H. Carmen

Michigan Law Review

It is common knowledge that in recent times the constitutional issues of greatest magnitude and of greatest public interest lie in the area of civil liberties. These cases almost always call for the delicate balancing of the rights of the individual, allegedly protected by a specific clause in the Constitution, and the duties that state or federal authority can exact from citizens in order that society may maintain a minimum standard of peace and security. It follows, therefore, that it is these often dramatic decisions which will largely color the images we have of participating Justices. Assume a free speech …


Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith Mar 1966

Linkletter, Shott, And The Retroactivity Problem In Escobedo, J. Alan Galbraith

Michigan Law Review

Prior to the 1964 Supreme Court Term, decisions promulgating new constitutional rules were applied retroactively as a matter of course to final convictions. While dissents occasionally criticized the Court's failure to discuss the retroactive impact of a new constitutional rule, the potential effect upon final convictions of any single rule was not sufficiently acute to justify a departure from the normal grant of retroactivity. But the Court's decision in Mapp v. Ohio; which abruptly overturned Wolf v. Colorado and brought into doubt final state convictions resting upon illegally seized evidence admitted in reliance upon Wolf, caused courts and …


Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell Jan 1966

Scheingold: The Rule Of Law In European Integration--The Path Of The Schuman Plan, Robert M. Campbell

Michigan Law Review

A Review of The Rule of Law in European Integration--The Path of the Schuman Plan by Stuart A. Scheingold


Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker Jan 1966

Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker

Michigan Law Review

A Review of The Revival of Natural Law Concepts by Charles Grove Haines