Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abstract review (1)
- Codification (1)
- Conseil d'etat (1)
- Constitutional review (1)
- European (1)
-
- Facial challenge (1)
- France (1)
- Free to Die for Their Country (1)
- Heart Mountain (1)
- Internment (1)
- JACL (1)
- Japanese American Citizens League (1)
- Japanese-American (1)
- Judicial review (1)
- Kelsenian (1)
- La Doctrine (1)
- La Droit (1)
- Marbury v. Madison (1)
- Minidoka (1)
- Muller (Eric) (1)
- Nisei (1)
- Rousseauian (1)
- Selective Service Act (1)
- Tule Lake (1)
- United States v. Kuwabara (1)
- United States v. Takeguma (1)
- World War II (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Patriotism: Do We Know It When We See It?, A. Wallace Tashima
Michigan Law Review
In a small, triangular plot, a short distance north of the Capitol in Washington, D.C., is the recently dedicated "National Japanese American Memorial to Patriotism." One of the primary purposes of the memorial is to recall publicly the forced removal of Japanese Americans from the Pacific coast at the beginning of World War II and their imprisonment in government internment camps for the duration of the war. The incident is worth recalling, of course, if for no other reason than as a constant reminder that we must not let a similar tragedy befall any other group of Americans. But one …