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Articles 1 - 30 of 35
Full-Text Articles in Law
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Judicial Election Questions Left Unanswered By Justices, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
An Act To Regulate Gaming On Indian Lands, United States Congress
An Act To Regulate Gaming On Indian Lands, United States Congress
US Government Documents related to Indigenous Nations
This act, dated October 17, 1988, also known as United States Public Law 100-497, and popularly known as the Indian Gaming Regulatory Act, was enacted to provide a statutory basis for the operation and regulation of tribal gaming, and to declare the need for the establishment of independent Federal regulatory authority, Federal standards for gaming on Indian lands, and a National Indian Gaming Commission, in order to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue.
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.
Principles And Politics And Public Law, John A. G. Griffith
Principles And Politics And Public Law, John A. G. Griffith
Osgoode Hall Law Journal
The article examines questions of public law as they apply to some of the scandals that have affected the Thatcher regime in Britain. It looks at some of the principles which underlie parliamentary actions and the internal machinations of Governments. Finally, the article questions the application and development of administrative law which it seems is beset by inconsistency and contradiction in the courts of Britain.
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Pro-Lifers Should Appeal To Constitution's Heart, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Procedural Default In Death Penalty Cases: Fundamental Miscarriage Of Justice And Actual Innocence,, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Is '88 Supreme Court Election Permissible Under Pa. Law?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
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
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
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
Justices Don't Own The Constitution, Bruce Ledewitz
Justices Don't Own The Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
Washington Law Review
To receive asylum in the United States, persons must show that they are "refugees." They do so by demonstrating fear of persecution on account of political opinion, race, religion, nationality, or social group membership. The most common basis for an asylum claim is political opinion. However, there is no consistently applied interpretation of "persecution on account of political opinion" in United States law. An appropriate construction of the term would consider its development in the historical context of refugee law. This Comment explores the spirit of international instruments and interpretive materials, as well as United States legislative history behind the …
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
"Political Opinions" Of Refugees: Interpreting International Sources, Linda Dale Bevis
Washington Law Review
To receive asylum in the United States, persons must show that they are "refugees." They do so by demonstrating fear of persecution on account of political opinion, race, religion, nationality, or social group membership. The most common basis for an asylum claim is political opinion. However, there is no consistently applied interpretation of "persecution on account of political opinion" in United States law. An appropriate construction of the term would consider its development in the historical context of refugee law. This Comment explores the spirit of international instruments and interpretive materials, as well as United States legislative history behind the …
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. …
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Is The Death Penalty Good For Us?, Bruce Ledewitz
Is The Death Penalty Good For Us?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
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 …
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
To Do Justice Between Man And Man, (Tribute To Judge Robert Taylor), Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
UIC Law Review
No abstract provided.
Independent Counsel And The Constitution, Harold H. Bruff
Independent Counsel And The Constitution, Harold H. Bruff
Publications
No abstract provided.
Women In Religious Congregations And Politics, Leslie C. Griffin
Women In Religious Congregations And Politics, Leslie C. Griffin
Scholarly Works
No abstract provided.
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Presidential Influence On Congressional Appropriations Decisions, D.Roderick Kiewiet, Mathew D. Mccubbins
Faculty Scholarship
We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than Congress does; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than it does. This asymmetry derives from constitutional limitations on the veto, in combination with the presence of a de facto reversionary expenditure …
The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras
The Reversal Of Shakman: Is It Also A Return To The Spoils, 21 J. Marshall L. Rev. 681 (1988), Linda Horras
UIC Law Review
No abstract provided.
The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet
The Applicability Of Evidentiary Privileges For Confidential Communications Before Congress, 21 J. Marshall L. Rev. 309 (1988), Thomas Millet
UIC Law Review
No abstract provided.
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 …
Unger's Philosophy: A Critical Legal Study, William Ewald
Unger's Philosophy: A Critical Legal Study, William Ewald
All Faculty Scholarship
Of all the scholars associated with the Critical Legal Studies movement, none has garnered greater attention or higher praise than Roberto Unger of Harvard Law School. In this Article, William Ewald argues that Professor Unger's reputation as a brilliant philosopher of law is undeserved. Despite the seeming erudition of his books, Professor Unger's work displays little familiarity with the basic philosophical literature, and the philosophical, legal, and political analysis in those works-in particular, the celebrated critique of liberalism in Knowledge and Politics-is so riddled with logical and historical errors as to be unworthy of serious scholarly attention.
Reply To Cornel West, William Ewald