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Why The Burger Court Mattered, David A. Strauss
Why The Burger Court Mattered, David A. Strauss
Michigan Law Review
A review of Michael J. Graetz and Linda Greenhouse, The Burger Court and the Rise of the Judicial Right.
The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar
The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar
Articles
There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4
Mapp V. Ohio: The First Shot Fired In The Warren Court's Criminal Procedure 'Revolution', Yale Kamisar
Mapp V. Ohio: The First Shot Fired In The Warren Court's Criminal Procedure 'Revolution', Yale Kamisar
Book Chapters
Although Earl Warren ascended to the Supreme Court in 1953, when we speak of the Warren Court's "revolution" in American criminal procedure we really mean the movement that got underway half-way through the Chief Justice's sixteen-year reign. It was the 1961 case of Mapp v. Ohio, overruling Wolf v. Colorado and holding that the state courts had to exclude illegally seized evidence as a matter of federal constitutional law, that is generally regarded as having launched the so-called criminal procedure revolution.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
How Is Constitutional Law Made?, Tracey E. George, Robert J. Pushaw Jr.
Michigan Law Review
Bismarck famously remarked: "Laws are like sausages. It's better not to see them being made." This witticism applies with peculiar force to constitutional law. Judges and commentators examine the sausage (the Supreme Court's doctrine), but ignore the messy details of its production. Maxwell Stearns has demonstrated, with brilliant originality, that the Court fashions constitutional law through process-based rules of decision such as outcome voting, stare decisis, and justiciability. Employing "social choice" economic theory, Professor Stearns argues that the Court, like all multimember decisionmaking bodies, strives to formulate rules that promote both rationality and fairness (p. 4). Viewed through the lens …
A Biography Of The Second Justice Harlan, Louis R. Cohen
A Biography Of The Second Justice Harlan, Louis R. Cohen
Michigan Law Review
A Review of John Marshall: Great Dissenter of the Warren Court by Tinsley E. Yarbrough
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Michigan Law Review
A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz
Potter Stewart, Terrance Sandalow
Potter Stewart, Terrance Sandalow
Articles
In the spring of 958, Justice Harold Burton informed President Eisenhower of his decision to retire at the end of the Term, but, at the President's request, withheld public announcement until the latter was ready to name a successor. In September, Eisenhower appointed Potter Stewart, who became, at age forty-three, the second youngest person to serve on the Supreme Court since the Civil War.
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Earl Warren, The "Warren Court," And The Warren Myths, Philip B. Kurland
Michigan Law Review
"It" is not enough for the knight of romance," Justice Holmes once reminded us, "that you agree that his lady is a very nice girl-if you do not admit that she is the best that God ever made or will make, you must fight." So, too, with the admirers of the Chief Justice and their "fair lady." For the moment, Earl Warren is enjoying the lavish praise that is not uncommonly ladled out when a man voluntarily decides to end a long and important government career. The contents of this issue of the Michigan Law Review may be taken as …