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Full-Text Articles in Law
Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman
Legal Interpretation And A Constitutional Case: Home Building & Loan Association V. Blaisdell, Charles A. Bieneman
Michigan Law Review
The approaches of Hughes and Sutherland are but two extremes in constitutional interpretation. Though only two results were possible in the case - either the Act was constitutional or it was not - there are more than two methods by which an interpreter could reach those results. This Note explores possible ways of deciding Blaisdell, using the case as a vehicle for delimiting the boundaries of a positive constitutional command. As a sort of empirical investigation of legal philosophy, the Note examines how various interpretive theories affect an interpreter's approach to the case, and the results these theories might …
Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers
Community, Constitution, And Culture: The Case Of The Jewish Kehilah, Nomi Maya Stolzenberg, David N. Myers
University of Michigan Journal of Law Reform
Part I describes the historical development of the Jewish kehilah, its subsequent evolution, and eventual dissolution. Part II surveys recent trends in legal scholarship which reflect a growing consciousness of the tension between the demands of self-conscious cultural groups and liberal legal principles.
What Is A Postmodern Constitutionalism?, J. M. Balkin
What Is A Postmodern Constitutionalism?, J. M. Balkin
Michigan Law Review
I begin with a puzzle. It must certainly strike one as odd that the subject of postmodern constitutional law arises at a time when the actual arbiters of the Constitution - the federal judiciary and in particular the Supreme Court of the United States - appear to be more conservative than they have been for many years, and indeed, are likely to remain so for the foreseeable future. Postmodernism is often associated with what is new, innovative, and on the cutting edge of cultural development. Yet if we were to define the elements of a postmodern constitutional culture, it would …
On Reading The Constitution, Bruce Fein
On Reading The Constitution, Bruce Fein
Michigan Law Review
A Review of On Reading the Constitution by Laurence H. Tribe and Michael C. Dorf
The Age Of Rights, Stephen D. Sencer
The Age Of Rights, Stephen D. Sencer
Michigan Law Review
A Review of The Age of Rights by Louis Henkin
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
The Failed Discourse Of State Constitutionalism, James A. Gardner
The Failed Discourse Of State Constitutionalism, James A. Gardner
Michigan Law Review
In this article, I approach these questions in two steps. First, I examine the status of state constitutional law as it is practiced today. I conclude that, contrary to the claims of New Federalism, state constitutional law today is a vast wasteland of confusing, conflicting, and essentially unintelligible pronouncements. I argue that the fundamental defect responsible for this state of affairs is the failure of state courts to develop a coherent discourse of state constitutional law that is, a language in which it is possible for participants in the legal system to make intelligible claims about the meaning of state …