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Articles 1 - 12 of 12
Full-Text Articles in Law
Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton
Harry Potter And The Half-Crazed Bureaucracy, Benjamin H. Barton
Michigan Law Review
What would you think of a government that engaged in this list of tyrannical activities: tortured children for lying; designed its prison specifically to suck all life and hope out of the inmates; placed citizens in that prison without a hearing; ordered the death penalty without a trial; allowed the powerful, rich, or famous to control policy; selectively prosecuted crimes (the powerful. go unpunished and the unpopular face trumped-up charges); conducted criminal trials without defense counsel; used truth serum to force confessions; maintained constant surveillance over all citizens; offered no elections and no democratic lawmaking process; and controlled the press? …
Ever The Twain Shall Meet, Fred S. Mcchesney
Ever The Twain Shall Meet, Fred S. Mcchesney
Michigan Law Review
Instinctively, corruption is deplorable. Nobody likes private citizens paying governmental officials for special favors. Few have deplored corruption longer or in greater detail than economist Susan Rose-Ackerman. In Corruption and Government, Professor Rose-Ackerman discusses how corruption starts ("causes"), why it is bad ("consequences"), and how to stop it ("reform"), principally from an economic perspective. Professor Rose-Ackerman's interest in corruption derives partly from her outside work with international agencies, especially time spent at the World Bank - "a transformative experience" (p. xi). Her twenty-two page bibliography ranges across sources in economics and politics, plus many documents from the World Bank and …
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan
Articles
A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …
Government Information And The Rights Of Citizens, Michigan Law Review
Government Information And The Rights Of Citizens, Michigan Law Review
Michigan Law Review
This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.
Local Government In Sweden, Terrance Sandalow
Local Government In Sweden, Terrance Sandalow
Articles
Ever since the publication of Marquis Childs' The Middle Way, Americans of liberal persuasion have tended to point to Sweden as a model, a nation which simultaneously has achieved rapid economic growth, eliminated poverty, and maintained individual and political freedom. Swedish cities, and especially Stockholm, are reputed to be among the best planned in the world. Yet, for all the admiration that has been expressed, there has been surprisingly little investigation by Americans of the legal and governmental framework within which the Swedes have accomplished so much. The modest aim of this paper is to report the major outlines of …
Noise And The Law, George A. Spater
Noise And The Law, George A. Spater
Michigan Law Review
For practical purposes the discussion of the law of noise can be considered in two parts: first, the rights of a complainant against a private person and second, the rights of a complainant against the government or an agency acting by government authority.
Suretyship-Subrogation-Rights Of Surety To Funds Withheld Under A Government Contract, William T. Holcomb Jr.
Suretyship-Subrogation-Rights Of Surety To Funds Withheld Under A Government Contract, William T. Holcomb Jr.
Michigan Law Review
Petitioner surety, under the terms of its payment bond, paid laborers and materialmen of a government contractor, who was later adjudicated bankrupt. The Government paid to the trustee in bankruptcy funds it had retained but which had been earned prior to termination of the contract. The district court1 reversed the referee's ruling denying the surety's petition for an order directing the trustee to transfer the retained funds to the surety. On appeal, held, affirmed. The surety was entitled to the funds, in preference to the trustee in bankruptcy, by subrogation to the laborers' and materialmen's equitable priority in the …
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Legislation On The American Frontier: Adoption Of Laws By Governor And Judges-Northwest Territory 1788-1798: Indiana Territory 1800-1804; Michigan Territory 1805-1823, William Wirt Blume
Michigan Law Review
The Northwest Ordinance of 1787 made provisions for legislation by the territorial government in two stages: (1) adoption of laws by the governor and judges from the laws of the original states, and (2) enactment of statutes by a legislature made up of the governor, a council, and elected representatives. The first method was to be followed until the population should reach 5,000 and the second method thereafter. The present study is limited to the first stage.
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
The Executive Department Of Government And The Rule Of Law, Frank E. Cooper
Michigan Law Review
For a long time, people have been talking about the executive department of government and the Rule of Law. Indeed, the suggestion of Aristotle that government should be by law, and not by men, represented a protest directed to the earlier Grecian systems of despotically controlled administrative law. It is my privilege this afternoon to carry forward the discussion of a problem that has been talked about for some two thousand years: how to apply the Rule of Law to the executive agencies of the government. They are commonly called "independent agencies" within the executive branch. I suggest that the …
Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton
Bailey, Simon, Dahl, Snyder, De Grazia, Moos, David & Truman: Research Frontiers In Politics And Government. Brookings Lectures, 1955, Henry L. Bretton
Michigan Law Review
A Review of Research Frontiers in Politics and Government. Brookings Lectures, 1955. By Stephen K. Bailey, Herbert A. Simon, Robert A. Dahl, Richard C. Snyder, Alfred de Grazia, Malcolm Moos, Paul T. David and David B. Truman
International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman
International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman
Michigan Law Review
In 1917, the Provisional Government of Russia, which was recognized by the United States, had on deposit with defendant bank a large sum of money. During that year the Provisional Government was overthrown by the Soviet Government, and the bank decided to repudiate the debt, because deposits which the bank held in Russia had been confiscated to an amount exceeding that of the debt. The United States continued to recognize the Provisional Government as the de jure government of Russia until 1933. Before 1922, the bank communicated notice of the repudiation several times to Ambassador Bakhmeteff, representing the Provisional Government, …