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Articles 31 - 60 of 96
Full-Text Articles in Law
Marcus L. Plant, Wex S. Malone
Relief From Final Judgment Under Rule 60(B)(1) Due To Judicial Errors Of Law, Michigan Law Review
Relief From Final Judgment Under Rule 60(B)(1) Due To Judicial Errors Of Law, Michigan Law Review
Michigan Law Review
This Note seeks to resolve these conflicts by proposing a sensible reading of rule 60(b )(1) that reconciles the basic philosophies underlying differing interpretations of the rule. Part I examines the history of rule 60(b)(l) and the policies espoused by the courts and commentators in considering whether the rule should be applied to judicial errors of law and concludes that courts should employ the rule to correct obvious judicial errors of law. Part II recommends a broad scope for rule 60(b )(1) motions, proposing that the only type of alleged judicial error outside the reach of such a motion should …
Marcus L. Plant 1911-1984, The University Of Michigan Law Faculty
Marcus L. Plant 1911-1984, The University Of Michigan Law Faculty
Michigan Law Review
A Tribute to Marcus L. Plant
Marcus L. Plant, Walter Byers
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Anti-Formalism In Recent Constitutional Theory, Mark V. Tushnet
Michigan Law Review
The focus in constitutional theory on judicial review rests on a much deeper political theory than the phrase "countermajoritarian difficulty" standing alone suggests. Majoritarian or democratic decision making is itself a solution to a set of problems that arise from a particular view of human nature and political action. In this Article, I identify, explicate, and criticize some recent developments in constitutional theory which are of interest to the extent that they reject that view of human nature and politics. I take as my focus important articles by Robert Burt, Robert Cover, Owen Fiss, Frank Michelman, and Cass Sunstein. I …
On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review
On The Threshold Of Wainwright V Sykes: Federal Habeas Court Scrutiny Of State Procedural Rules And Rulings, Michigan Law Review
Michigan Law Review
This Note examines specific problems which stand on the threshold of Wainwright v. Sykes. Resolution of these problems is necessary to determine whether a state ruling is based upon an adequate state procedural ground, requiring application of the cause-and-prejudice test before habeas review will be permitted. Part I analyzes the rationale for the rule of Wainwright v. Sykes as well as its historical underpinnings. Part II examines the treatment of state court decisions that are based both on a defaulted claim and, in the alternative, on the merits of that claim. This Part concludes that decisions containing such alternative …
Does Charity Begin At Home? The Tax Status Of A Payment To An Individual As A Charitable Deduction, Michigan Law Review
Does Charity Begin At Home? The Tax Status Of A Payment To An Individual As A Charitable Deduction, Michigan Law Review
Michigan Law Review
In White v. United States, the United States Court of Appeals for the Tenth Circuit reversed a district court decision and held that the taxpayers could deduct expenses they paid directly to their dependent son to support his missionary activities away from home. In Brinley v. Commissioner, the Tax Court sitting in Texas refused to follow the Tenth Circuit in White, and held that while the missionary son was entitled to deduct his personal expenses, the parents could not deduct their payment of the son's expenses.
This Note supports the result in Brinley and argues that the …
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.
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 …
Impeachment In America, 1635-1805, Michigan Law Review
Impeachment In America, 1635-1805, Michigan Law Review
Michigan Law Review
A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull
Their Litigious Society, A.W. Brian Simpson
Their Litigious Society, A.W. Brian Simpson
Michigan Law Review
A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Selective Nontreatment Of Handicapped Newborns, Michigan Law Review
Michigan Law Review
A Review of Selective Nontreatment of Handicapped Newborns by Robert Weir
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
Risk As An Arena Of Struggle, Richard L. Abel
Risk As An Arena Of Struggle, Richard L. Abel
Michigan Law Review
A Review of Going by the Book: The Problem of Regulatory Unreasonableness by Eugene Bardach and Robert A. Kagan and The Other Price of Britain's Oil: Safety and Control in the North Sea by W.G. Carson and Workers at Risk: Voices from the Workplace by Dorothy Nelkjin and Michael S. Brown
Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review
Our Endangered Rights: The Aclu Report On Civil Liberties Today, Michigan Law Review
Michigan Law Review
A Review of Our Endangered Rights: The ACLU Report on Civil Liberties Today by Norman Dorsen
"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review
"How Can You Defend Those People?" The Making Of A Criminal Lawyer, Michigan Law Review
Michigan Law Review
A Review of "How Can You Defend Those People?" The Making of a Criminal Lawyer by James S. Kunen
Some Enlightenment On Crime, Shirley S. Abrahamson
Some Enlightenment On Crime, Shirley S. Abrahamson
Michigan Law Review
A Review of Encyclopedia of Crime and Justice Edited by Sanford H. Kadish
Capital Punishment: For Or Against, Jan Gorecki
Capital Punishment: For Or Against, Jan Gorecki
Michigan Law Review
A Review of The Death Penalty -- A Debate by Ernest van den Haag and John Conrad
Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review
Born To Crime: The Genetic Causes Of Criminal Behavior, Michigan Law Review
Michigan Law Review
A Review of Born to Crime: The Genetic Causes of Criminal Behavior by Lawrence Taylor
Passion: An Essay On Personality, Michigan Law Review
Passion: An Essay On Personality, Michigan Law Review
Michigan Law Review
A Review of Passion: An Essay on Personality by Roberto Mangabeira Unger
A Dialogue On Comparable Worth, Michigan Law Review
A Dialogue On Comparable Worth, Michigan Law Review
Michigan Law Review
A Review of A Dialogue on Comparable Worth by Michael Evan Gold
Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling
Of Cultural Determinism And The Limits Of Law, Paul R. Dimond, Gene Sperling
Michigan Law Review
A Review of Civil Rights: Rhetoric or Reality? by Thomas Sowell
News Of Crime: Courts And Press In Conflict, Michigan Law Review
News Of Crime: Courts And Press In Conflict, Michigan Law Review
Michigan Law Review
A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald
The Morality Of Obedience, Joseph Raz
The Morality Of Obedience, Joseph Raz
Michigan Law Review
A Review of A Theory of Law by Philip Soper
Two New Books On Guns, Franklin E. Zimring
Two New Books On Guns, Franklin E. Zimring
Michigan Law Review
A Review of Under The Gun: Weapons, Crime and Violence in America by James D. Wright, Peter H. Rossi and Kathleen Daly and Firearms and Violence: Issues of Public Policy edited by Don B. Kates, Jr.
Lawyers In Soviet Work Life, Michigan Law Review
Lawyers In Soviet Work Life, Michigan Law Review
Michigan Law Review
A Review of Lawyers in Soviet Work Life by Louise I. Shelley
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review
Michigan Law Review
A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill
Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout
Worlds Beyond Theory: Toward The Expression Of An Integrative Ethic For Self And Culture, Peter Read Teachout
Michigan Law Review
A Review of When Words Lose Their Meaning: Constitutions and Reconstitutions of Language, Character, and Community by James Boyd White
The Black Book Of Polish Censorship, Michigan Law Review
The Black Book Of Polish Censorship, Michigan Law Review
Michigan Law Review
A Review of The Black Book of Polish Censorship translated and edited by Jane Leftwich Curry
The Political Theory Of The Federalist And The Authority Of Publius, Michigan Law Review
The Political Theory Of The Federalist And The Authority Of Publius, Michigan Law Review
Michigan Law Review
A Review of The Political Theory of the Federalist by David F. Epstein and The Authority of Publius by Albert Furtwangler