Law Commons^™

Shortened Judicial Term May Prove To Be Lucky, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

“To Establish Justice”: Politics, The Judiciary Act Of 1789, And The Invention Of The Federal Courts, Wythe Holt

Duke Law Journal

No abstract provided.

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 …

Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson

All Faculty Scholarship

Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.

This article offers a brief overview of the religious history of Maryland, focuses on important state …

The Jurisprudence Of Poetic License, Calvin R. Massey

Duke Law Journal

No abstract provided.

Difference Made Legal: The Court And Dr. King, David Luban

Michigan Law Review

My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …

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 …

Tax Reform Held Hostage By Constitutional Amendment, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Debating A Paralyzing Objectivity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …

Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn

Michigan Law Review

A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett

Reimagining The Marshall Court, H. Jefferson Powell

Michigan Law Review

A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White

Law And Disputing In Commercializing Early America, Cornelia Dayton

Michigan Law Review

A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann

Trial By Ordeal, Robert C. Palmer

Michigan Law Review

A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett

Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher

Michigan Law Review

A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau

Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers

Michigan Law Review

A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap

Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks

Michigan Law Review

A Review of Privacy in a Public Society: Human Rights in Conflict by Richard F. Hixson

Governor Can Still Appoint Replacement For Justice Stout, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Abolition Then And Now, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

On The "Auschwitz Lie", Herbert A. Strauss, Ernst Nolte, Helge Grabitz, Christian Meier

Michigan Law Review

In the November 1986 issue of the Michigan Law Review, Professor Eric Stein addressed the then-recent German legislation prohibiting the "Auschwitz lie." The "Auschwitz lie" refers to contemporary attempts to deny the historical truth of the Holocaust.

In the time since his article was published, Professor Stein has corresponded with several European scholars on the issues raised by the 1985 legislation. That correspondence, though brief, highlights the contentious aspects of Professor Stein's analysis; it suggests that the issues of restricting "historical speech," promoting national consciousness, attributing collective guilt, and identifying the role of courts in punishing historical lies remain troublesome …

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, …

Is Doing Your Job A Sufficient Justification For Doing Something Wrong, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

Antitrust In The Formative Era: Political And Economic Theory In Constitutional And Antitrust Analysis, 1880-1918, James May

Articles in Law Reviews & Other Academic Journals

No abstract provided.

History Of The University Of Puget Sound School Of Law, Anita M. Steele

Seattle University Law Review

This essay presents the history of the University of Puget Sound School of Law. Founded in 1972, the law school is a relatively young institution, still in its teens. Its gestation period, however, extends back at least sixty years. As long ago as 1912, prominent Tacoma attorneys proposed to found a law school associated with the University of Puget Sound (UPS). In the ensuing years, officials at UPS periodically raised the issue of creating a law school. Various studies were undertaken, but it was not until the late 1960s that a school of law was considered again as seriously as …

Statutory Compilations Of Washington, Kelly Kunsch

Seattle University Law Review

This Article surveys the statutory compilations of Washington. Although Washington's laws have evolved through a gradual process, compilations of these laws have had a more sporadic development. This development culminated in the Revised Code of Washington (RCW), which has remained relatively uniform since its first publication in 1951. Still, familiarity with its antecedents remains important today.

On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust

Michigan Journal of International Law

Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …

Third State Remedies In International Law, Jonathan I. Charney

Michigan Journal of International Law

This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.

Justice In The International System, Thomas M. Franck, Steven W. Hawkins

Michigan Journal of International Law

"Justice," Rawls claims in A Theory of Justice," is the first virtue of social institutions…" The principles of justice of which Rawls speaks, however, except for a brief excursion, "apply only within the borders of a nation-state." Our purpose is to see whether justice is also the first virtue of the international system, the social institutions of the community of nations. More specifically, is justice the definitive virtue by which to judge international law? This article seeks to answer those questions by examining the concept of justice as developed by various theorists, culminating in the contemporary Rawlsian theory of …

Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman

Michigan Journal of International Law

There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …