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Articles 31 - 60 of 71
Full-Text Articles in Law
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Power, Responsibility, And Republican Democracy, Marci A. Hamilton
Michigan Law Review
A Review of Power Without Responsibility: How Congress Abuses the People Through Delegation by David Schoenbrod
The Last Butskellite, John D. Ayer
The Last Butskellite, John D. Ayer
Michigan Law Review
A Review of Acts of Hope: Creating Authority in Literature, Law, and Politics by James B. White
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz
Michigan Law Review
Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Response: The Problems With Privacy's Problem, Louis Michael Seidman
Michigan Law Review
A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"
Reply, William J. Stuntz
Reply, William J. Stuntz
Michigan Law Review
A Reply to Louis Michael Seidman's Response
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston
Michigan Law Review
A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe
West On Story And Theory, L. H. Larue
West On Story And Theory, L. H. Larue
Michigan Law Review
A Review of Narrative, Authority, and Law by Robin West
Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Michigan Law Review
A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley
Enforcement Of Tsca And The Federal Five-Year Statute Of Limitations For Penalty Actions, Teresa A. Holderer
Enforcement Of Tsca And The Federal Five-Year Statute Of Limitations For Penalty Actions, Teresa A. Holderer
Michigan Law Review
Many years prior to TSCA, Congress enacted a general five-year statute of limitations for actions for the enforcement of civil penalties, fines, and forfeitures, which, if applicable, would alleviate these problems. Although the Agency claims that no statute of limitations applies, this Note argues that the general five-year statute of limitations, found in section 2462 of title 28, should apply to EPA's administrative proceedings to assess penalties as well as to later collection actions in federal courts. Part I details TSCA's enforcement procedures, which create special difficulties when applying section 2462's statute of limitations. Part I also examines how EPA, …
Foreign Affairs Law And Democracy, Phillip R. Trimble
Foreign Affairs Law And Democracy, Phillip R. Trimble
Michigan Law Review
A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
Onward Constitutional Soldiers, Milner S. Ball
Onward Constitutional Soldiers, Milner S. Ball
Michigan Law Review
A Review of Constitutional Faith by Sanford Levinson
Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski
Tempered Zeal: A Columbia Law Professor's Year On The Streets With The New York City Police, Carol J. Sulcoski
Michigan Law Review
A Review of Tempered Zeal: A Columbia Law Professor's Year on the Streets with the New York City Police
Just Punishment In An Imperfect World, Stephen J. Schulhofer
Just Punishment In An Imperfect World, Stephen J. Schulhofer
Michigan Law Review
A Review of Questioning Authority: Justice and Criminal Law by David L. Bazelon
A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson
A Board Does Not A Bench Make: Denying Quasi-Judicial Immunity To Parole Board Members In Section 1983 Damages Actions, Julio A. Thompson
Michigan Law Review
This Note argues that neither the majority nor the minority approach is realistic. A thorough examination of the parole process and section 1983 litigation will show that a third approach is more appropriate - that parole board members are entitled only to qualified immunity for all actions taken within the scope of their official duties. Part I argues that parole board members should not enjoy absolute, quasi-judicial immunity because the parole board decisionmaking process is not "functionally comparable" to judicial decisionmaking. The differences in procedure, political accountability, training, and background lead to two very different systems. Part II shows that …
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
International Law: Process And Prospect, Linda A. Shoemaker
International Law: Process And Prospect, Linda A. Shoemaker
Michigan Law Review
A Review of International Law: Process and Prospect by Anthony D'Amato
Statutory Obsolescence And The Judicial Process: The Revisionist Role Of The Courts In Federal Banking Regulation, Donald C. Langevoort
Statutory Obsolescence And The Judicial Process: The Revisionist Role Of The Courts In Federal Banking Regulation, Donald C. Langevoort
Michigan Law Review
What do - or should - courts do when asked to interpret an apparently "obsolete" statute? This question is an important one half a century or more after the enactment of much of the fundamental federal legislation in such fields of economic regulation as labor, communications, antitrust, securities, and - the subject of this study banking. For a variety of reasons, including political inertia and special interest pressure, many of these statutes remain substantially unchanged even though the assumptions about marketplace structure and conditions that formed the basis for the legislation have long since ceased to hold true.
The Glittering Eye Of Law, Geoffrey P. Miller
The Glittering Eye Of Law, Geoffrey P. Miller
Michigan Law Review
A Review of The Authoritative and the Authoritarian by Joseph Vining
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Sources Of Law, Legal Change, And Ambiguity, Michigan Law Review
Michigan Law Review
A Review of Sources of Law, Legal Change, and Ambiguity by Alan Watson
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review
Michigan Law Review
A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff
The Court Of Justice As A Decisionmaking Authority, Ulrich Everling
The Court Of Justice As A Decisionmaking Authority, Ulrich Everling
Michigan Law Review
Eric Stein, to whom this Article is dedicated, has written a number of commentaries on the jurisprudence of the Court of Justice on the basis of his experience with both the European continental law and the common law systems. In conformity with his pragmatic approach, the following examination of the Court of Justice as a decisionmaking authority devotes less attention to the theoretical context than to the manner in which the Court attempts to accomplish its task in practice. This essay is intended to provide a judge's point of view, that is to say, a subjective contribution on the basis …
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Third World Trade Partnership: Supranational Authority Vs. National Extraterritorial Antitrust--A Plea For "Harmonized" Regionalism, Wolfgang Fikentscher
Michigan Law Review
That "Third World countries" should receive the assistance of the "industrialized nations" in increasing the level of their economic development is a matter beyond dispute. Yet the years following the "economic decade" of the 1970's have made apparent a crisis in the concepts underlying this philosophy of Third World assistance. The nature of this crisis has not yet been fully ascertained, and the following text does not undertake that task. Rather, it starts from the general feeling among experts involved in one way or another with "development aid" that the paths so far followed and the methods so far applied …
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
The Propriety Of Section 10(J) Bargaining Orders In Gissel Situations, Michigan Law Review
Michigan Law Review
The courts have split on the question of whether a bargaining order constitutes ''just and proper" relief under section 10(j). This Note contends that such an order is always just in a Gissel situation but that a district court may properly issue one only in situations where the Board's prior decisions clearly establish the relevant labor policy and indicate a high probability that the Board will eventually issue a Gissel bargaining order. Part I of the Note develops the criteria relevant to determining what kind of temporary relief is "just." Although section 10(j) does not itself define these criteria, the …
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
Michigan Law Review
Litigation results when the legislative branch contests the inherent power order. Because judicial compulsion of legislative action must derive from constitutional authority, and because of the practical and doctrinal challenges such litigation presents, many courts have struggled to resolve these cases in a principled fashion. This Note defends the inherent power doctrine, but argues that current judicial approaches to its application have failed to confront squarely the central issues raised by inherent power orders. The Note advocates an alternative procedure for defining the legitimate scope of judicial authority to compel appropriations on its own behalf. Part I examines the constitutional …
Laws, Norms And Authority, Michigan Law Review
Laws, Norms And Authority, Michigan Law Review
Michigan Law Review
A Review of Laws, Norms and Authority by George C. Christie
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
Michigan Law Review
At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
Michigan Law Review
This Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act's constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional …
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Law, Legitimacy, And Symbols: An Expanded View Of Law And Society In Transition, Malcolm M. Feeley
Michigan Law Review
A Review of Law and Society in Transition: Toward Responsive Law by Philippe Nonet and Philip Selznick