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Articles 1 - 30 of 103
Full-Text Articles in Law
An Interpretive History Of Modern Equal Protection, Michael Klarman
An Interpretive History Of Modern Equal Protection, Michael Klarman
Michigan Law Review
My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
Justice Brennan's Gender Jurisprudence, Rebecca Korzec
All Faculty Scholarship
During his thirty-four year tenure on the Supreme Court, Justice William Joseph Brennan, Jr. demonstrated unparalleled sensitivity to the protection of individual rights. Justice Brennan's landmark opinions included Baker v. Carr, Goldberg v. Kelly, and New York Times Co. v. Sullivan. before Brennan, Supreme Court jurisprudence exalted judicial passivity by employing techniques for avoiding constitutional issues, such as abstention, comity, exhaustion of remedies and the political question doctrine.
Against this background, Brennan became an active judicial voice in a series of innovative landmark cases, including decisions requiring federal officials to pay damages for violation of citizens' constitutional rights; authorizing federal …
The Supreme Court And The Bill Of Rights, Robert A. Sedler
The Supreme Court And The Bill Of Rights, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris
Michigan Law Review
This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
"The Right To Bear Arms": Two Views, Lee Fisher, David C. Tryon
Law Faculty Articles and Essays
The authors provide varying opinions on the Second Amendment.
Cardozo: A Study In Reputation. By Richard A. Posner, Joseph E. Claxton
Cardozo: A Study In Reputation. By Richard A. Posner, Joseph E. Claxton
Mercer Law Review
Biography, wrote the great American historian Barbara Tuchman, is "a prism of history," useful as a genre of literature because of two factors. First, "biography attracts and holds the reader's interest in the larger subject." Second, in its best form it provides a structure within which intellectual analysis may find parameters that, far from being restrictive, actually provide a necessary channel for bringing the larger subject matter (a subject matter that transcends the life and work of one individual) into perspective. In Tuchman's words:
[Bliography is useful because it encompasses the universal in the particular. It is a focus that …
Copyrights And State Liability, Beryl R. Jones-Woodin
Copyrights And State Liability, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille
Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille
Michigan Law Review
A Review of Actual Malice: Twenty-Five Years After Times v. Sullivan. by W. Wat Hopkins
Abe Fortas: A Biography, Michael F. Colosi
Abe Fortas: A Biography, Michael F. Colosi
Michigan Law Review
A Review of Abe Fortas: A Biography by Laura Kalman
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman
Michigan Law Review
A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Thurgood Marshall And The Administrative State, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
A Threshold Test For Validity: The Supreme Court Narrows The Act Of State Doctrine, Steven R. Swanson
A Threshold Test For Validity: The Supreme Court Narrows The Act Of State Doctrine, Steven R. Swanson
Vanderbilt Journal of Transnational Law
This Article analyzes the Supreme Court's recent decisions involving the act of state doctrine. This doctrine, which is based upon notions of international comity, prevents the courts of one state from adjudicating the acts of a foreign state that occur within the foreign state's territory. This respect for foreign tribunals reduces friction between states and promotes more cooperative interaction in the international arena.
The Article first defines comity and explains its importance in international litigation. Professor Swanson then outlines the diminishing role of comity as a basis for the act of state doctrine. In early opinions, United States courts refused …
Freedom Of Speech And The Press
The First Amendment, Burt Neuborne
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely
University of Michigan Journal of Law Reform
Part I of this article reviews background matters bearing on our research - in particular, we discuss the Court's framework for analyzing exclusion as a deterrent safeguard, the research questions that need to be raised within that framework, and the research strategy we adopted in light of the Court's approach to exclusion. Part II analyzes our findings on police knowledge of the rules of search and seizure. Part III analyzes our findings on officers' willingness to obey the law. Part IV evaluates our findings in light of policy questions concerning the exclusionary rule. We consider whether the Court should retain …
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Articles
Justice Antonin Scalia has put on the academic table the question of whether the doctrine of the dormant commerce clause should be abandoned. That is a significant contribution, for this is an issue that should be debated thoroughly. But Justice Scalia's campaign against the doctrine has been notably ambivalent. On the one hand, he argues that the doctrine lacks justification in constitutional text, history, and theory.1 On the other hand, assertedly feeling the pressure of stare decisis,2 he has gone along with, and even led, applications of the doctrine, although within narrow limits.3 In this essay, I argue that Justice …
Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis
Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis
American Indian Law Review
No abstract provided.
Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr.
Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr.
American Indian Law Review
No abstract provided.
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Review Of Cardozo: A Study In Reputation, By R. Posner, Richard D. Friedman
Reviews
Judge Richard Posner has written a genial book about one of our greatest judicial icons, Benjamin N. Cardozo.1 He seeks not only to assess the merits of Cardozo's writings, both on and off the bench, but also to measure, and determine the causes of, Cardozo's reputation. The book is an outgrowth of a lecture series,2 and it reveals its origins in at least two ways. First, the book attempts to reach a mixed audience, composed of both lawyers and laypeople, and in this aspect it is very successful. Nonlawyers, I believe, will have little difficulty following Judge Posner's essential arguments, …
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
O'Connor: A Dual Role - An Introduction, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman
Touro Law Review
No abstract provided.
Abortion Rights, Eileen Kaufman