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Articles 1 - 6 of 6
Full-Text Articles in Law
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin
Michigan Law Review
This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …
Do Courts Matter?, Stephen L. Carter
Do Courts Matter?, Stephen L. Carter
Michigan Law Review
A Review of The Hollow Hope: Ca Courts Bring About Social Change? by Gerald N. Rosenberg
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas
Faculty Publications
No abstract provided.
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
The New East European Constitutional Courts, Herman Schwartz
The New East European Constitutional Courts, Herman Schwartz
Michigan Journal of International Law
This article will describe some aspects of the different tribunals in Russia, Hungary, Poland, Czechoslovakia, Bulgaria, and Romania, and will compare them with each other and with the U.S. Supreme Court. The first part will begin by explaining a few basic differences between the American and Continental systems of judicial review, and will then describe the functions of the new East European constitutional courts. The second part will use the decisions of the new Russian Constitutional Court to illustrate the new courts' exercise of authority, and will summarize the recent activities of a few other new constitutional courts.
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Up In Smoke: Fourth Amendment Rights And The Burger Court, Gerald S. Reamey
Faculty Articles
When Warren Burger was appointed Chief Justice in 1969, he was expected to lead the Supreme Court away from its liberal, value-laden approach to constitutional adjudication. Indeed, a retrospective of the court’s work during the seventeen years Warren Burger served as Chief Justice reveals the expected conservative trend of the Chief Justice himself, as well as the Supreme Court generally. It does not, however, reflect wholesale rejection of the most controversial civil liberties decisions rendered by the Warren Court. It is also unclear that Chief Justice Burger was responsible for the Court’s retrenchment on civil liberties where it did occur. …