Law Commons^™

Hyperspace, Girardeau A. Spann

Michigan Law Review

A Review of The Supreme Court and Constitutional Democracy by John Agresto

Kitsch And Community, Kathryn Abrams

Michigan Law Review

A Review of Habits of the Heart by Robert Bellah, Richard Madsden, William Sullivan, Ann Swidler and Steven Tipton, and Strong Democracy by Benjamin Barber, Exodus and Revolution by Michael Walzer

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …

Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii

Michigan Law Review

A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons

In Search Of A Free Speech Principle, Mark G. Yudof

Michigan Law Review

A Review of Free Speech: A Philosophical Enquiry by Frederick Schauer

Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review

Michigan Law Review

A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier

So Reason Can Rule, Michigan Law Review

Michigan Law Review

A Review of So Reason Can Rule by Scott Buchanan

A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely

On Justifying Democracy, Michigan Law Review

Michigan Law Review

A Review of On Justifying Democracy by William N. Nelson

The Straight And Narrow Path, Gerald T. Dunne

Michigan Law Review

A Review of Democracy and Distrust: A Theory of Judicial Review by John Hart Ely

Terrorism And The Democratic State, Alona E. Evans

Michigan Law Review

A Review of A Time of Terror: How Democratic Societies Respond to Revolutionary Violence by J. Bowyer Bell

Devising Procedures That Are Civil To Promote Justice That Is Civilized, Maurice Rosenberg

Michigan Law Review

In a democracy, process is king to a very large extent, and this is especially so in the judicial branch. Even though substantive laws command attention, procedural rules ensure respect. Why is this true? One powerful reason is that when people end up in court, their case typically is not a matter of right against wrong, but of right against right. Decent process makes the painful task of deciding which party will prevail bearable and helps make the decision itself acceptable.

To put my position plainly, I believe that the road to court-made justice is paved with good procedures. Later …

Dietze: America's Political Dilemma, Paul G. Kauper

Michigan Law Review

A Review of America's Political Dilemma by Gottfried Dietze

Clandestine Speech And The First Amendment, Wallace Mendelson

Michigan Law Review

In a comment" written at the conclusion of the Communist leaders' trial Professor Nathanson noted that Judge Medina's instructions required for a verdict of guilty that the jury "find only that the defendants intended to accomplish the overthrow of government 'as speedily as circumstances would permit it to be achieved.' " This, wrote Professor Nathanson, was "inconsistent with the clear-and-present-danger test as formulated by Holmes and Brandeis, unless there were other circumstances in the facts actually presented which made that test inapplicable." A major part of the balance of the comment is an attempt to refute a suggestion that clandestine, …

Lilienthal: This I Do Believe, Michigan Law Review

Michigan Law Review

A Review of THIS I DO BELIEVE. By David E. Lilienthal.

Public Opinion And Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of PUBLIC OPINION AND FOREIGN POLICY Edited by Lester Markel.

Mr. Justice William Johnson, Jurist In Limine: Dissent And The Judging Faculty, A. J. Levin

Michigan Law Review

There is little more in the legal literature on the subject of dissent than, on the one hand, the feeling that somehow it helps to present more than one side of a question and, on the other, that dissent is confusing and unsettling, and, therefore to be avoided. The part that dissent has played in preventing "history" from becoming the routine repetition of events, the function it fulfills in saving mankind from a mechanical adherence to an authoritarian concept of society, the psychodynamic need of the individual for self-expression-particularly evident in democratic societies-these and other related approaches have had not …

Simons: Economic Policy For A Free Society., Michigan Law Review

Michigan Law Review

A Review of ECONOMIC POLICY FOR A FREE SOCIETY. By Henry Simons.

Patterson: Presidential Government In The United States. The Unwritten Constitution, Michigan Law Review

Michigan Law Review

A Review of PRESIDENTIAL GOVERNMENT IN THE UNITED STATES. THE UNWRITTEN CONSTITUTION. By C. Perry Patterson

Governmental Powers, State And National, Under Our Constitutional System, Orie Leon Phillips

Michigan Law Review

We are living in a day when democracy is receding and the totalitarian state is advancing on many fronts. Three great nations have accepted as their governmental system authoritarian collectivism. Under the totalitarian systems, the right of the individual to think freely, to engage in free enterprise, to enjoy personal liberty, and to work out his own destiny is taken away. Instead, there is a regimentation of human beings, where everyone's thought, everyone's time, everyone's labor, and at last everyone's life, are at the disposal of a supreme authority. Of course, such a system means the vesting of tremendous powers …

Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams

Michigan Law Review

This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.

Political Crimes Defined, Theodore Schroeder

Michigan Law Review

Continental Europe is in the midst of revolutions. The immediate antecedents are such as to suggest the probable accompaniment of more widespread and perhaps even more intense passions of various sort, than have ever before been brought into being with a revolution. This in turn suggests the likelihood that there will follow more political plots and counter-revolutions than is usual in such cases. From such causes it is highly probable that the juridical meaning of the statutory words "an offense of a political character" will be a matter of frequent controversy, as successive crops of exiles claim the right of …

Theory Of Popular Sovereignty, Harold J. Laski

Michigan Law Review

Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …