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Articles 1 - 30 of 257
Full-Text Articles in Law
The Good, The Bad, And The Press, Paul A. Lebel
The Good, The Bad, And The Press, Paul A. Lebel
Faculty Publications
No abstract provided.
The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland
The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland
Michigan Law Review
As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler
Michigan Law Review
This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.
The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Symposium On Federalism And Constitutional Checks And Balances: A Safeguard Of Minority And Individual Rights, Roger J. Miner '56
Constitutional Law
No abstract provided.
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Miranda And The State Constitution: State Courts Take A Stand, Mary A. Crossley
Vanderbilt Law Review
This Note examines how state courts have interpreted state constitutional guarantees of the privilege against self-incrimination independently of the Supreme Court's construction of the fifth amendment. Part II focuses on the historical and theoretical underpinnings of state constitutional law and examines state courts'renewed reliance on their state constitutions. Part III discusses the Supreme Court's interpretation of the fifth amendment in Miranda and its progeny. Part IV presents the states' response to Supreme Court holdings and surveys state court decisions interpreting state constitutions' self-incrimination provisions more broadly than the fifth amendment. Finally, Part V examines the potential for further growth in …
The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston
The Putative Father's Due Process Rights To Notice And A Hearing: In Re Baby Boy Doe, Carl Belliston
BYU Law Review
No abstract provided.
Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg
Chaining Or Taming?: The Constitutional Allocation Of War Powers (Review Of: To Chain The Dog Of War: The War Power Of Congress In History And Law By Francis D. Wormuth And Edwin B. Firmage), Constance K. Lundberg
BYU Law Review
No abstract provided.
Government Responsibility For Constitutional Torts, Christina B. Whitman
Government Responsibility For Constitutional Torts, Christina B. Whitman
Articles
This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language …
United States V. Johnson, Lewis F. Powell Jr.
United States V. Johnson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.
California V. Cabazon Band Of Mission Indians, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Salerno, Lewis F. Powell Jr.
United States V. Salerno, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr.
Keystone Bituminous Coal Association V. Debenedictis, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Colorado V. Connelly, Lewis F. Powell Jr.
Colorado V. Connelly, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.
Asahi Metal Industry Co. V. Superior Court Of California, Solano County, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Elections Commission V. Massachusetts Citizens For Life, Inc., Lewis F. Powell Jr.
Federal Elections Commission V. Massachusetts Citizens For Life, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Cts Corp. V. Dynamics Corporation Of America, Lewis F. Powell Jr.
Cts Corp. V. Dynamics Corporation Of America, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.
Board Of Directors Of Rotary International V. Rotary Club Of Duarte, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mccleskey V. Kemp, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Colorado V. Bertine, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Illinois V. Krull, Lewis F. Powell Jr.
Arizona V. Hicks, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Griffin V. Wisconsin, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Nollan V. California Coastal Commission, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Bowen V. Gilliard, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
United States V. Paradise, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
The Decency Of Capital Punishment For Minors: Contemporary Standards And The Dignity Of Juveniles, Lawrence A. Vanore
Indiana Law Journal
No abstract provided.
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young
Buffalo Law Review
No abstract provided.
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
The Exclusionary Rule: Not The "Expressed Juice Of The Woolly-Headed Thistle", Keith A. Fabi
Buffalo Law Review
No abstract provided.
The Past And Future Of Constitutional Torts: From Statutory Interpretation To Common Law Rules, Michael L. Wells
The Past And Future Of Constitutional Torts: From Statutory Interpretation To Common Law Rules, Michael L. Wells
Scholarly Works
The cause of action for damages to redress violations of constitutional rights is now firmly established in our law. As recently as 1960, such constitutional tort suits were rare and attracted little attention from scholars. Today, they are a major part of the work of the federal courts and the academic literature is constantly growing. This change can be partly attributed to the expansion of constitutional rights in the 1960s and 1970s, and partly to the 1961 case of Monroe v. Pape. In Monroe, the Supreme Court revived a long-neglected, ninety-year-old statute, 42 U.S.C. 1983, making it the …
Three Continuities Of Choice In Abortion, Patrick L. Baude
Three Continuities Of Choice In Abortion, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.