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Articles 1 - 30 of 42
Full-Text Articles in Law
The Formulaic Constitution, Robert F. Nagel
The Formulaic Constitution, Robert F. Nagel
Michigan Law Review
This essay explores the ways in which the formulaic style is different from other, older forms of constitutional doctrine. It argues that the modern style affects the content that the Court finds in the Constitution and that it illuminates the current interpretive functions of the judiciary. Perhaps most importantly, the formulaic style establishes an identifiable relationship between the Court and the public and thus constrains how the Court's version of the Constitution bears upon the larger political culture.
The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler
The Class-Based Animus Requirement Of 42 U.S.C. § 1985(3): A Limiting Strategy Gone Awry?, Devin S. Schindler
Michigan Law Review
This Note focuses on Scott's impact on attempts to determine what groups fall within the statute. Part I examines the various class-based animus formulas generated by the circuits since Griffin and the potential impact of Scott on these formulas. Part II argues that the key to understanding the scope of the class-based animus requirement lies in traditional fourteenth amendment equal protection analysis.
Supreme Court Doctrine In The Trenches: The Case Of Collateral Estoppel, John Bernard Corr
Supreme Court Doctrine In The Trenches: The Case Of Collateral Estoppel, John Bernard Corr
William & Mary Law Review
No abstract provided.
The Second Death Of Federalism, William W. Van Alstyne
The Second Death Of Federalism, William W. Van Alstyne
Michigan Law Review
In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.
Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review
Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review
Michigan Law Review
This Note argues that denials of motions for appointment of counsel should be immediately appealable under the collateral order exception to 28 U.S.C. § 1291. Part I examines the extent to which the collateral order doctrine modifies the finality rule. It argues that recent Supreme Court decisions that at first appear to have narrowed the doctrine have in fact only restated it. Part II applies the collateral order doctrine to orders denying appointment of counsel, concluding that such denials qualify for immediate review. Part III argues that policy considerations support this conclusion.
Two Models Of The Fourth Amendment, Craig M. Bradley
Two Models Of The Fourth Amendment, Craig M. Bradley
Michigan Law Review
Fourth amendment critics rank in rows, and it has been repeatedly pointed out that individual cases are inconsistent with each other or that whole chunks of doctrine, such as the automobile exception or the plain view exception, are either misconceived, too broad, or too narrow. But these critics all play the Court on its own field, simply arguing as tenth Justices that the doctrines should be tinkered with in different ways than the Court has done. This Article, in contrast, suggests that current fourth amendment law, complete with the constant tinkering which it necessarily entails, should be abandoned altogether. Instead, …
Affirmative Action After Stotts: The United States Supreme Court's 1985 Term, Albert Broderick
Affirmative Action After Stotts: The United States Supreme Court's 1985 Term, Albert Broderick
North Carolina Central Law Review
No abstract provided.
Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
Rejoinder: Truth, Justice, And The American Way--Or Professor Haddad's "Hard Choices", John M. Burkoff
University of Michigan Journal of Law Reform
I frankly think that Professor Haddad's response to my article on pretext searches is first-rate. It is articulate; it is thoughtful and scholarly; it sharpens the issues and the analysis in this area; and, for the most part, I think his criticisms of various portions of my own work present my positions fairly and honestly. On the other hand, I think that Professor Haddad is dead wrong.
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad
University of Michigan Journal of Law Reform
Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of plausibility, defense attorneys often accuse police of pretextual use of arrest warrants, search warrants, and various exceptions to the warrant requirement. Specifically, they contend that officers have utilized a particular fourth amendment doctrine to obtain certain evidence even though courts have not assigned as a reason for approving the doctrine the need to discover such evidence.
The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan
The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan
University of Michigan Journal of Law Reform
Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …
A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler
A Lesson In Incaution, Overwork, And Fatigue: The Judicial Miscraftsmanship Of Segura V. United States, Joshua Dressler
William & Mary Law Review
No abstract provided.
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod
Michigan Law Review
Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo
Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo
Antioch Law Journal
Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …
Louis D. Brandeis: Justice For The People, Michigan Law Review
Louis D. Brandeis: Justice For The People, Michigan Law Review
Michigan Law Review
A Review of Louis D. Brandeis: Justice for the People by Philippa Strum
The Future Course Of The Winters Doctrine, Richard B. Collins
The Future Course Of The Winters Doctrine, Richard B. Collins
Publications
No abstract provided.
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Offers Of Judgment And Rule 68: A Response To The Chief Justice, 18 J. Marshall L. Rev. 341 (1985), Lynn Sanders Branham
Offers Of Judgment And Rule 68: A Response To The Chief Justice, 18 J. Marshall L. Rev. 341 (1985), Lynn Sanders Branham
UIC Law Review
No abstract provided.
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
Property And Personal Privacy: Interrelationship, Abandonment And Confusion In The Path Of Judicial Review, 18 J. Marshall L. Rev. 847 (1985), Kenneth Mott, Lovette Mott
UIC Law Review
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
UIC Law Review
No abstract provided.
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins
Faculty Publications
No abstract provided.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
Touro Law Review
No abstract provided.
Indian Allotment Water Rights, Richard B. Collins
Indian Allotment Water Rights, Richard B. Collins
Publications
Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.
The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch
The Videotape Rental Controversy: Copyright Infringement Or Market Necessity, 18 J. Marshall L. Rev. 285 (1985), Julie Kane-Ritsch
UIC Law Review
No abstract provided.
Permanent Replacements Of Strikers After Belknap: The Employer's Quandry, 18 J. Marshall L. Rev. 321 (1985), Burr E. Anderson
Permanent Replacements Of Strikers After Belknap: The Employer's Quandry, 18 J. Marshall L. Rev. 321 (1985), Burr E. Anderson
UIC Law Review
No abstract provided.
Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo
Three Generations, No Imbeciles: New Light On Buck V. Bell, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
Articles
When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Faculty Publications
No abstract provided.