Law Commons^™

Toward A Rational Scheme Of Interstate Water Compact Adjudication, Joseph W. Girardot

University of Michigan Journal of Law Reform

This Note argues that the current method of resolving interstate water compact disputes is seriously flawed and that the current practice of invoking the Supreme Court's original jurisdiction to resolve these cases should be altered. This Note contends that the compact itself should contain structural dispute resolution procedures insisted upon by Congress before any grant of approval is given to the agreement. Part I of this Note examines the history of the compact clause of the Constitution and its application in interstate relations. Part II explores how a poorly drafted, yet fairly representative, water allocation compact led two states to …

Law And Disorder, Robert W. Gordon

Indiana Law Journal

No abstract provided.

Stories Of Origin And Constitutional Possibilities, Milner S. Ball

Michigan Law Review

Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.

There is an American story of origins. It is …

Letting Go Of The Eleventh Amendment, Gene R. Shreve

Indiana Law Journal

No abstract provided.

Shacking Up With The First Amendment: Symbolic Expression And The Public University, Laura L. Goodman

Indiana Law Journal

No abstract provided.

Regulatory Taking Doctrine In Washington: Now You See It, Now You Don't, Richard L. Settle

Seattle University Law Review

Within a recent two-month period, the Washington Supreme Court issued decisions in two major regulatory taking cases, Orion Corporation v. State, and Allingham v. City of Seattle. In both cases, land use regulations were challenged on the basis of the taking clauses of the federal and state constitutions. This Article analyzes and critically assesses Orion's ambitious doctrinal initiative in light of the Allingham enigma and charts a tentative course toward more coherent regulatory taking doctrine. A pervasive and hopeful theme of the Article is that a latent, largely unarticulated or misstated doctrine exists, just waiting for explicit judicial …

Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper

Seattle University Law Review

The purpose of this Note is to analyze the decision by the United State Court of Appeals for the Sixth Circuit in Mozert v. Hawkins County Board of Education in light of recent United States Supreme Court opinions regarding the free exercise of religion. Section I will explain the legal issues that are relevant in deciding this and similar free exercise cases. Section II will discuss the history and background of the Mozert case. Section III will discuss the different opinions in Mozert. Section IV will analyze and critique the different rationales used to decide this case. After weighing …

Constitutional Conventions, Frederick Schauer

Michigan Law Review

A Review of American Constitutional Law Second Edition, by Laurence H. Tribe

Outlaw Blues, Suzanna Sherry

Michigan Law Review

A Review of Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet

Onward Constitutional Soldiers, Milner S. Ball

Michigan Law Review

A Review of Constitutional Faith by Sanford Levinson

Philosophy, The Federalist, And The Constitution, Edward J. Sebold

Michigan Law Review

A Review of Philosophy, The Federalist, and the Constitution by Morton White

Ultra-Wrong About The "Ultra-Right", Terry Eastland

Michigan Law Review

A Review of Packing the Courts: The Conservative Campaign to Rewrite the Constitution by Herman Schwartz

Judicial Review And American Democracy, Stanley S. Sokul

Michigan Law Review

A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace

Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown

Indiana Law Journal

No abstract provided.

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …

Choosing Judges The Democratic Way, Larry Yackle

Faculty Scholarship

A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …

Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon

Michigan Journal of International Law

Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …

Interpreting An Unwritten Constitution, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Fourth Amendment, William E. Hellerstein

Touro Law Review

No abstract provided.

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.

The Beggar's Free Speech, Anthony J. Rose

Indiana Law Journal

No abstract provided.

First Amendment, Burt Neuborne

Touro Law Review

No abstract provided.

Weighted Voting, Richard David Emery ,Esq.

Touro Law Review

No abstract provided.

Section 1983, Martin A. Schwartz, Honorable George C. Pratt, Leon Friedman

Touro Law Review

No abstract provided.

Housing Discrimination, Richard F. Bellman ,Esq., Richard Cahn ,Esq.

Touro Law Review

No abstract provided.

The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley

Journal Articles

This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …

Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard

Michigan Journal of International Law

Western Sovietologists were startled when Secretary General Mikhail S. Gorbachev set his craftsmen to work in the Summer of 1988 to prepare a revised structure for the Union of Soviet Socialist Republics ("U.S.S.R."). While some hint of what was to come had been given by publications prior to the 19th Communist Party Conference, and while some of these appeared in the theses to be debated at the Conference, Westerners expected little more than a call from the tribune for change in attitudes. Basic State structures established by Leonid Brezhnev in his 1977 Constitution had not previously been questioned. Critics levelled …

Treaties In A Constitutional Democracy, Louis Henkin

Michigan Journal of International Law

This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.

Isolationism Or Deference? The Alien Tort Claims Act And The Separation Of Powers, Victor A. Pappalardo

Michigan Journal of International Law

This Note examines the rationales behind Filartiga and other cases which have had the opportunity to pass upon its holding, notably the holdings in Tel-Oren v. Libyan Arab Republic and Forti v. Suarez- Mason. It then focuses on the validity of these rationales with respect to the constitutional separation of powers scheme. In so doing, it analyzes Filartiga's conclusions in light of the act of state and political question doctrines, two closely interrelated doctrines which have been at the forefront of the separation of powers criticisms of Filartiga. This Note concludes by suggesting that a clear case exists …

Dual Sovereignty, Federalism And National Criminal Law: Modernist Constitutional Doctrine And The Nonrole Of The Supreme Court, William W. Van Alstyne

Faculty Scholarship

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.