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Articles 1 - 7 of 7
Full-Text Articles in Law
The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover
Michigan Law Review
Earl Warren is dead.
A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.
The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.
Rummaging Through The Emperor's Wardrobe, Don Herzog
Rummaging Through The Emperor's Wardrobe, Don Herzog
Michigan Law Review
A Review of Politics: A Work in Constructive Social Theory. 3 Volumes by Roberto Mangabeira Unger
Personal Responsibility And Public Integrity, J. Patrick Dobel
Personal Responsibility And Public Integrity, J. Patrick Dobel
Michigan Law Review
A Review of Political Ethics and Public Office by Dennis Thompson
Why We Lost The Era, Judith L. Hudson
Why We Lost The Era, Judith L. Hudson
Michigan Law Review
A Review of Why We Lost the ERA
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Plebiscites, Participation, And Collective Action In Local Government Law, Clayton P. Gillette
Michigan Law Review
Participation is again in the air. Apparently fueled by current debates concerning decentralized power and republican versus pluralist traditions in our political and legal theory, those concerned with political decisionmaking have turned their attention to calls for increased public involvement in the process. As has been true in the past, the objectives of those who advocate increased participation are by no means uniform. Some stress the positive effects that broad participation would have on individual participants. The primary function of participation in these accounts lies in its educative value, its capacity to produce a more informed, hence more self-sufficient, citizenry. …
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Some Modest Proposals On The Vice-Presidency, Richard D. Friedman
Articles
There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …