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Articles 31 - 60 of 126
Full-Text Articles in Law
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
The Campain-Finance Crucible: Is Laissez Fair?, Jamin B. Raskin
Michigan Law Review
The 2001 passage of the Bipartisan Campaign Reform Act ("BCRA"), popularly known as "McCain-Feingold," set the stage for a momentous constitutional conflict in the United States Supreme Court in the 2003-04 Term. Among other things, the new legislation bans "soft money" contributions to the national political parties by corporations, labor unions, and individuals; prohibits state parties that are authorized to accept such contributions to spend the proceeds on activities related to federal elections; forbids federal candidates to participate in raising soft money; doubles the amount of "hard money" an individual can contribute in a federal election from $1,000 to $2,000 …
Attitudes About Attitudes, Michael J. Gerhardt
Attitudes About Attitudes, Michael J. Gerhardt
Michigan Law Review
Attitudes about the Supreme Court differ sharply, particularly among academics. Law professors believe the Constitution and other laws constrain the Court, while most political scientists do not. These different perspectives on justices' fidelity to the law ensure that legal scholars and political scientists have little to say about the Court that is of interest to each other. As a result, it should not be surprising that most legal scholars are unfamiliar with Harold Spaeth and Jeffrey Segal, the two political scientists most closely associated with the view that the law does not constrain the justices from voting their policy preferences. …
Appellate Courts Inside And Out, Maxwell L. Stearns
Appellate Courts Inside And Out, Maxwell L. Stearns
Michigan Law Review
While the United States Supreme Court has been the object of seemingly endless scholarly commentary, the United States Courts of Appeals are just now coming into their own as a subject of independent academic inquiry. This is an important development when one considers that the vast bulk of relevant precedents governing most federal court litigation comes not from the Supreme Court, but rather from the United States Courts of Appeals. Because relatively few courts of appeals decisions are reviewed in the Supreme Court, with rare exception, the federal circuit courts provide the functional equivalent of that Court's proverbial "last word." …
The Serpentine Wall Of Separation, John Witte Jr.
The Serpentine Wall Of Separation, John Witte Jr.
Michigan Law Review
The task of separating the secular from the religious in education is one of magnitude, intricacy, and delicacy, Justice Jackson wrote, concurring in McCollum v. Board of Education, the Supreme Court's first religion in public schools case. "To lay down a sweeping constitutional doctrine" of absolute separation of church and state "is to decree a uniform . . . unchanging standard for countless school boards representing and serving highly localized groups which not only differ from each other but which themselves from time to time change attitudes." If we persist in this experiment, Justice Jackson warned his brethren, "we are …
Disease And Cure?, L. A. Powe Jr.
Disease And Cure?, L. A. Powe Jr.
Michigan Law Review
Sunstein uses Franklin's remark to make two related points. First, citizens bear the burden of maintaining the American republic as a healthy, vibrant place; being a citizen is decidedly different from being a consumer. The former has duties, the latter wants (pp. 113-23). Second, and this is the gist of the slender book, the republic is jeopardized by the possibilities of the Internet. Sunstein assumes the correctness of MIT technology specialist Nicholas Negroponte's conclusion that in the not-too-distant future we will be able to create a "Daily Me" on the Internet that will provide the personalized information (including news) that …
Lochner'S Feminist Legacy, David E. Bernstein
Lochner'S Feminist Legacy, David E. Bernstein
Michigan Law Review
Professor Julie Novkov's Constituting Workers, Protecting Women examines the so-called Lochner era of American constitutional jurisprudence through the lens of the struggle over the constitutionality of "protective" labor legislation, such as maximum hours and minimum wage laws. Many of these laws applied only to women, and Novkov argues that the debate over the constitutionality of protective laws for women - laws that some women's rights advocates saw as discriminatory legislation against women - ultimately had more important implications for the constitutionality of protective labor legislation more generally. Liberally defined, the Lochner era lasted from the Slaughter-House Cases in 1873 - …
If History Mattered: John Marshall And Reframing The Constitution, Aviam Soifer
If History Mattered: John Marshall And Reframing The Constitution, Aviam Soifer
Michigan Law Review
What more can there be to learn about John Marshall? We have been blessed recently with a flood of fine books about Marshall and the Supreme Court over which he presided from 1801 until 1835. We also now have readily available an impressive collection of documents concerning the Court before Marshall, as well as a fine series collecting, introducing, and annotating Marshall's papers. With recent bicentennial celebrations marking the beginning of Marshall's career as Chief Justice and the anniversary of Marbury v. Madison, an outpouring of law review articles and scholarly symposia have offered learned exchanges about the great Chief …
The Heroes Of The First Amendment, Frederick Schauer
The Heroes Of The First Amendment, Frederick Schauer
Michigan Law Review
In 1950, Felix Frankfurter famously observed that "[i)t is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people." The circumstances of Justice Frankfurter's observation were hardly atypical, for his opinion arose in a Fourth Amendment case involving a man plainly guilty of the crime with which he had been charged - fraudulently altering postage stamps in order to make relatively ordinary ones especially valuable for collectors. Indeed, Fourth Amendment cases typically present the phenomenon that Frankfurter pithily identified, for most of the people injured by an …
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Civil Liberties And The Terrorism Prevention Paradigm: The Guilt By Association Critique, Robert M. Chesney
Michigan Law Review
Faysal Galab is a twenty-seven-year-old American citizen of Yemeni descent who was born and raised in Buffalo, New York. He is married, has three children, and used to run a gas station in the Buffalo suburb of Lackawanna. Perhaps you have heard of him; he will be spending some or all of the next ten years in federal prison because in spring of 2001 he and six other Lackawanna residents traveled to Afghanistan and trained with Al Qaeda.
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Foreign Affairs: Presidential Initiative And Congressional Control, David P. Currie
Michigan Law Review
Jefferson Powell is one of our foremost scholars of constitutional history. He is particularly adept at bringing extrajudicial sources to bear on constitutional issues. Owing perhaps in part to his extensive service in the Department of Justice, he has a special facility for the use of executive materials; he is surely our leading academic expert on executive interpretation of the Constitution. In his latest book Professor Powell applies his enviable skills to the recurring, fundamental, and controversial question of the division of authority between the President and Congress in the realm of foreign affairs. As is always the case when …
Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine
Formalism, Pragmatism, And The Conservative Critique Of The Eleventh Amendment, Michael E. Solimine
Michigan Law Review
For many years the Second Amendment to the constitution was construed by most authorities to grant a communal right to bear arms, through state militias and the like. Some years ago Sanford Levinson labeled this interpretation "embarrassing" to liberal scholars. That characterization was deserved, Levinson argued, since liberal academics had been eager to defend expansive interpretations of other rights-granting provisions of the Constitution. But they failed to do so when it came to language in the Second Amendment, which could be plausibly construed to grant an individual right to bear arms. The failure might be attributed, in part, to the …
Discussing The First Amendment, Christina E. Wells
Discussing The First Amendment, Christina E. Wells
Michigan Law Review
Since the First Amendment's inception, Americans have agreed that free expression is foundational to our democratic way of life. Though we agree on this much, we have rarely agreed on much else regarding the appropriate parameters of free expression. Is the First Amendment absolute or does it allow some regulation of speech? Should the First Amendment protect offensive speech, pornography, flag-burning? Why do we protect speech - to promote the search for truth, to promote self-governance, or to protect individual autonomy?2 History is rife with disagreements regarding these issues to which there are no definitive answers. Certainly, the text of …
The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan
The Politicization Of Clarence Thomas, Jagan Nicholas Ranjan
Michigan Law Review
Perception often shapes memory. In particular, the way one perceives a noteworthy public figure often shapes that figure's historical legacy. For example, history largely remembers John Coltrane as one of the greatest jazz saxophone players of our time. His improvisational skill, innovative style, and mastery over his instrument all serve to classify him in the public memory as the ultimate jazz performer. Yet, as the example of Coltrane might demonstrate, perception is unjustly deficient. Coltrane was not merely a great saxophone player; he was first and foremost a religious figure whose spirituality drove his creativity and manifested itself in prayerful …
Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray
Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray
Michigan Law Review
The Supreme Court, once an austere and remote institution, is increasingly the focus of popular attention. The Justices are profiled in the New York Times Magazine and the New Yorker, photographed with family members for mass-market books, and - on the evening the Court decided Bush v. Gore - televised leaving the courthouse parking garage. In the spring 2002 television season, two hour-long programs were set in the Supreme Court; both were briskly cancelled, but during their brief runs they featured Justices as heroic figures played by prominent actors. When a former law clerk recently published his account of internecine …
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
All Faculty Scholarship
In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.
Arising Under Jurisdiction And Uniformity In Patent Law, Christopher A. Cotropia
Arising Under Jurisdiction And Uniformity In Patent Law, Christopher A. Cotropia
Michigan Telecommunications & Technology Law Review
The law governing the Federal Circuit's appellate jurisdiction was brought into question in Holmes Group, Inc. v. Vornado Circulation Systems, Inc. The Federal Circuit's appellate jurisdiction over Vornado's appeal rested solely on Vornado's counterclaim alleging patent infringement by Holmes. Holmes's complaint sought a declaratory judgment of no trade dress infringement and did not include any patent law claims. While the Federal Circuit found appellate jurisdiction over Vornado's appeal based on the counterclaim of patent infringement, the Supreme Court disagreed. The Court focused on the language in 35 U.S.C. § 1338(a), which defines the Federal Circuit's appellate jurisdiction by the statute's …
A Rarefied Kind Of Dread, David I. Bruck
A Rarefied Kind Of Dread, David I. Bruck
The Journal of Appellate Practice and Process
No abstract provided.
Preface, Nancy Bellhouse May
Preface, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
A First Argument In The Tradition Of Many, Beth S. Brinkmann
A First Argument In The Tradition Of Many, Beth S. Brinkmann
The Journal of Appellate Practice and Process
No abstract provided.
Pretender In Paradise, J. Richard Cohen
Pretender In Paradise, J. Richard Cohen
The Journal of Appellate Practice and Process
No abstract provided.
First Argument In The United States Supreme Court, Talbot D'Alemberte
First Argument In The United States Supreme Court, Talbot D'Alemberte
The Journal of Appellate Practice and Process
No abstract provided.
Why Me?, Walter Dellinger
Why Me?, Walter Dellinger
The Journal of Appellate Practice and Process
No abstract provided.
I Couldn't Wait To Argue, Timothy Coates
I Couldn't Wait To Argue, Timothy Coates
The Journal of Appellate Practice and Process
No abstract provided.
A Chilly Reception At The Court, David J. Bederman
A Chilly Reception At The Court, David J. Bederman
The Journal of Appellate Practice and Process
No abstract provided.
Learning (And Teaching) From Doing, Edward B. Foley
Learning (And Teaching) From Doing, Edward B. Foley
The Journal of Appellate Practice and Process
No abstract provided.
Still Grateful After All These Years, Christina M. Tchen
Still Grateful After All These Years, Christina M. Tchen
The Journal of Appellate Practice and Process
No abstract provided.
Tilting At Windmills, Andrew L. Frey
Tilting At Windmills, Andrew L. Frey
The Journal of Appellate Practice and Process
No abstract provided.
First Argument Impressions Of The Supreme Court, Stuart M. Riback
First Argument Impressions Of The Supreme Court, Stuart M. Riback
The Journal of Appellate Practice and Process
No abstract provided.
Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe
Public Rights, Private Rites: Reliving Richmond Newspapers For My Father, Laurence H. Tribe
The Journal of Appellate Practice and Process
No abstract provided.
Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson
Once Is Not Enough, Or How About Arguing Your First Two Supreme Court Cases Back To Back . . . And Losing?, Ian A. Macpherson
The Journal of Appellate Practice and Process
No abstract provided.