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Full-Text Articles in Law
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl
Michigan Law Review
In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould
Michigan Law Review
In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.
Michigan Law Review
On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …
The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform
The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform
University of Michigan Journal of Law Reform
Introduction to the Articles, The Broad Role by Robert P. Griffin, and The Discriminating Role by Philip A. Hart
The Discriminating Role, Philip A. Hart
The Discriminating Role, Philip A. Hart
University of Michigan Journal of Law Reform
The controversy which arose in the summer of 1968 over the nomination of Mr. Justice Abe Fortas to be Chief Justice of the United States has raised serious questions about the proper role of the Senate in advising and consenting to such nominations. That Sen. Hart’s remarks may be read in perspective, it should be mentioned that he supported strongly the nomination of Mr. Fortas. Hart believes that were it not for the unique circumstances of the summer of 1968- the erosion of the power of the President with the approach of a political campaign, the nearness of the end …
The Broad Role, Robert P. Griffin
The Broad Role, Robert P. Griffin
University of Michigan Journal of Law Reform
This article will expand on two major points: first, the nature of the higher responsibility which the Senate owes to considerations of judicial nominations; and second, the factors generally influencing non-consent in the Fortas case. The purpose is not to reopen a discussion of the particularities of Justice Abe Fortas' quality for appointment as Chief Justice of the United States. Rather we will be concerned only with the types of factors influencing a Senate determination.
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman
Michigan Law Review
A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin
Michigan Law Review
In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …