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Articles 1 - 14 of 14
Full-Text Articles in Law
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
International Law As Law In The United States, Louis Henkin
International Law As Law In The United States, Louis Henkin
Michigan Law Review
"International law is part of our law." Justice Gray's much-quoted pronouncement in The Paquete Habana was neither new nor controversial when made in 1900, since he was merely restating what had been established principle for the fathers of American jurisprudence and for their British legal ancestors. And Gray's dictum remains unquestioned today. But, after more than two hundred years in our jurisprudence, the import of that principle is still uncertain and disputed. How did, and how does, international law become part of our law? What does it mean that international law is a part of our law? What is the …
The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway
The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway
Articles
A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Capital Punishment: Criminal Law And Social Evolution, Michigan Law Review
Michigan Law Review
A Review of Capital Punishment: Criminal Law and Social Evolution by Jan Gorecki
Love Canal: Science, Politics, And People, Michigan Law Review
Love Canal: Science, Politics, And People, Michigan Law Review
Michigan Law Review
A Review of Love Canal: Science, Politics, and People by Adeline Gordon Levine
From Swift To Erie: An Historical Perspective, Gene R. Shreve
From Swift To Erie: An Historical Perspective, Gene R. Shreve
Michigan Law Review
A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer
Law On The Installment Plan, Bruce W. Frier
Law On The Installment Plan, Bruce W. Frier
Michigan Law Review
A Review of Ulpian by Tony Honoré
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Criminal Justice In Colonial America, 1606-1660, Michigan Law Review
Michigan Law Review
A Review of Criminal Justice in Colonial America, 1606-1660 by Bradley Chapin
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Justice At War: The Story Of The Japanese American Internment Cases, Michigan Law Review
Michigan Law Review
A Review of Justice at War: The Story of the Japanese American Internment Cases by Peter Irons
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Legal Education: Its Causes And Cure, Marc Feldman, Jay M. Feinman
Michigan Law Review
A Review of Law School: Legal Education in America From the 1850s to the 1980s by Robert Stevens
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton
University of Michigan Journal of Law Reform
Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …
Miranda: The Case, The Man, And The Players, Yale Kamisar
Miranda: The Case, The Man, And The Players, Yale Kamisar
Reviews
On the eve of America's bicentennial, the American Bar Association told its members of a plan to publish a book about the "milestone events" in 200 years of American legal history, and invited them to vote on the milestones to be included. When the balloting was over, Miranda v. Arizona1 - "the high-water mark" of the Warren Court's revolution in American criminal procedure2 - had received the fourth highest number of votes.3 I venture to say that if members of the general public had been asked to list the "most regrettable" or "most unfortunate" milestones in American legal history, Miranda …
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
The Jury, Seditious Libel And The Criminal Law, Thomas A. Green
Book Chapters
The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
Michigan Journal of International Law
This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.