Jurisprudence Commons^™

Federal Review Of State Criminal Convictions: A Structural Approach To Adequacy Doctrine, Eve Brensike Primus

Michigan Law Review

Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When defendants predictably fail to navigate these mazes, state and federal courts deem their claims procedurally defaulted and refuse to consider those claims on their merits. As a result, systemic violations of criminal procedure rights—like the right to effective counsel—persist without judicial correction.

But the law contains a tool that, if properly adapted, could bring these systemic problems to the attention of federal courts: procedural adequacy. Procedural adequacy doctrine gives federal courts the power to ignore …

An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk

Articles

Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …

The Demise Of Habeas Corpus And The Rise Of Qualified Immunity: The Court's Ever Increasing Limitations On The Development And Enforcement Of Constitutional Rights And Some Particularly Unfortunate Consequences, Stephen R. Reinhardt

Michigan Law Review

The collapse of habeas corpus as a remedy for even the most glaring of constitutional violations ranks among the greater wrongs of our legal era. Once hailed as the Great Writ, and still feted with all the standard rhetorical flourishes, habeas corpus has been transformed over the past two decades from a vital guarantor of liberty into an instrument for ratifying the power of state courts to disregard the protections of the Constitution. Along with so many other judicial tools meant to safeguard the powerless, enforce constitutional rights, and hold the government accountable, habeas has been slowly eroded by a …

The Jurisprudence Of Union, Gil Seinfeld

Articles

The primary goal of this Article is to demonstrate that the interest in national unity does important, independent work in the law of vertical federalism. We have long been accustomed to treating union as a constitutionally operative value in cases involving the duties states owe one another (i.e. horizontal federalism cases), but in cases involving the relationship between the federal government and the states, the interest in union is routinely ignored. This Article shows that, across a wide range of cases relating to the allocation of power between the federal government and the states, the states are constrained by a …

Note & Comment, Michigan Law Review

Michigan Law Review

Announcement; Note and Comment: The Right of a De Jure Officer to Recover Salary or Fees Paid to a De Facto Officer; Exemplary Damages Where Acutal Damages Merely Nominal; Seduction--Fiction of Service; Negligence--Druggist Selling Proprietary Medicine Without Knowing Contents; Physician--Duty to Respond to Call; Wills--Contract to Make--Fraud in Obtaining Charity--Relief in Equity; Sale--Bank Cashing Draft Drawn Against consignment of Goods as Purchaser--Liability Upon Express or Implied Warranty of Title or Quality; Voters--Right to Vote for Candidate whose Name is not on the Official Ballot; Constitutional Law--Fourteenth Amendment--Due Process--Equal Protection; Statute of Limitations--Failure to Leave Subjacent Support in Mining--When Statute begins …

Recent Decisions

Michigan Law Review

Agency--Ratification--Knowledge Necessary; Agency--Undisclosed Principal--Defence Against Agent; Bailments--Action by Bailee against Third Person; Bankruptcy--Homestead Exemption--State Law not Enforced; Bankruptcy--Homestead Exemption; Bills and Notes--Cashier's Check--Indorsed for Illegal Consideration; Carriers--Street Railway--Track Used by Another Company; Chattel Mortgage--Sufficiency of Description; Conflict of Laws--Statute of Frauds--Statute Affecting Remedy--Representations as to Another's Credit; Constitutional Law--14th Amendment--Class Legislation--License Law; Evidence--Physical Examination of Plaintiff in Personal Injury Suit; Insurance--Construction of Terms of Indemnity Policy; Insurance--Agreement to Issue New Policy--Effect of Failure to Surender Old Policy and Make Demand Within Time Stipulated; Landlord and Tenant--Covenant for Re-Entry--Re-Entry by Ejectment Only--Summary Proceedings; Landlord and Tenant--Covenant Not to Assign--Runs with the …