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Full-Text Articles in Law
Expanding The Circle Of Membership By Reconstructing The "Alien": Lessons From Social Psychology And The "Promise Enforcement" Cases, Victor C. Romero
Expanding The Circle Of Membership By Reconstructing The "Alien": Lessons From Social Psychology And The "Promise Enforcement" Cases, Victor C. Romero
University of Michigan Journal of Law Reform
Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutional principles of personhood. This Article takes up Scaperlanda's challenge. Borrowing from recent research in social psychology, this …
Cigarette Law, Daniel Givelber
Transnational Insolvency Dilemma: Congress Should Emphasize Comity Of Nations, James Garrett Van Osdell
Transnational Insolvency Dilemma: Congress Should Emphasize Comity Of Nations, James Garrett Van Osdell
South Carolina Law Review
No abstract provided.
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl Tobias
Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl Tobias
University of Michigan Journal of Law Reform
The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJRA's gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Reply: Did The Fourteenth Amendment Repeal The First?, Jed Rubenfeld
Michigan Law Review
To get right to the point: Mr. Hacker does not disagree that the Establishment Clause would, in the absence of the Fourteenth Amendment, have prohibited Congress from passing a nationwide religion law like RFRA. He believes, however, that the Fourteenth Amendment has in part repealed the First. Of course, he doesn't want to say repealed. The language of repeal is not pleasant to the ears of those who would like to forget about First Amendment antidisestablishmentarianism. The Fourteenth Amendment did not "repeal any aspect of the text of the [Establishment] Clause," Hacker says, but only "change[d] profoundly the meaning of …
A Response To Professor Rubenfeld, Jonathan D. Hacker
A Response To Professor Rubenfeld, Jonathan D. Hacker
Michigan Law Review
Professor Jed Rubenfeld has offered in these pages an ingenious explanation for why the Supreme Court was right to strike down the Religious Freedom Restoration Act (RFRA) in City of Boerne v. Flores. Rubenfeld finds in the First Amendment's Establishment Clause a historical and inherent principle he calls "antidisestablishmentarianism": a prohibition on acts of Congress that "disestablish" religion in the several states. Rubenfeld reads the Establishment Clause as proscribing not only congressional acts that "establish" religion but also all congressional acts that "dictate a position on religion for states," including laws designed to ensure that states abide by the requirements …
Food Stamp Trafficking: Why Small Groceries Need Judicial Protection From The Department Of Agriculture (And From Their Own Employees), Elliot Regenstein
Food Stamp Trafficking: Why Small Groceries Need Judicial Protection From The Department Of Agriculture (And From Their Own Employees), Elliot Regenstein
Michigan Law Review
A neon sign in the window of 7-Van Drugs reads "Food Stamps," but the contradictory truth is posted inside on a handwritten sign taped to a thick pane of bulletproof plastic. 7-Van Drugs sits at the intersection of Seven Mile Road and Van Dyke in northern Detroit, where it has "serv[ ed] the community since 1948 at the same corner." Inside 7-Van is an array of staple foods and basic household cleaning items, and there is a small pharmacy in the back. Customers must use a turnstile to pass their purchases through the bulletproof plastic to the cashier. There are …
A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
A Return To States' Rights? The Rehnquist Court Revives Federalism, Melanie K. St. Clair
Northern Illinois University Law Review
This comment examines three decisions of the 1997 Supreme Court Term in which the Court invalidated Federal laws: Printz v. United States, City of Boerne v. Flores, and Reno v. ACLU. This comment looks for a unifying trend in the decisions in an effort to determine if the Court is moving in a new philosophical direction. The author suggests that the decisions do signal a renewed commitment to States' rights and federalism. Further, the decisions reveal the Court's antagonism toward the largess and enlarged scope of Congress. The author suggests that the decisions are an attempt by the Court to …
Almost The Last Word On Legal Services: Congress Can Do Pretty Much What It Likes, James D. Lorenz Jr.
Almost The Last Word On Legal Services: Congress Can Do Pretty Much What It Likes, James D. Lorenz Jr.
Saint Louis University Public Law Review
No abstract provided.
The Demise Of Law Reform And The Triumph Of Legal Aid: Congress And The Legal Services Corporation From The 1960’S To The 1990’S, William P. Quigley
The Demise Of Law Reform And The Triumph Of Legal Aid: Congress And The Legal Services Corporation From The 1960’S To The 1990’S, William P. Quigley
Saint Louis University Public Law Review
No abstract provided.
Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr.
Everything You Always Wanted To Know About Judges But Were Afraid To Ask, Alexander M. Sanders Jr.
South Carolina Law Review
No abstract provided.
The Maine Clean Election Act: The Future Of Campaign Finance Reform, Michael E. Campion
The Maine Clean Election Act: The Future Of Campaign Finance Reform, Michael E. Campion
Fordham Law Review
No abstract provided.
The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper
The Continuing Relevance Of Section 8(A)(2) To The Contemporary Workplace, Michael C. Harper
Michigan Law Review
After embarking on his illustrious career as a legal academic, Theodore St. Antoine, through a multitude of roles, including those of scholar, teacher, administrator, pragmatic law reformer, and arbitrator, made innumerable contributions to the practice and development of many parts of American law. For most of us, however, as a scholar he will be associated primarily with the system of collective bargaining established and encouraged by the National Labor Relations Act (NLRA) and its progeny. During the first part of Professor St. Antoine's years as an academic, this system continued to flourish in America, as he, along with other legal …
A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno
A Natural Law Defense Of Buckley V. Valeo, Jack B. Sarno
Fordham Law Review
No abstract provided.