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Articles 1 - 10 of 10
Full-Text Articles in Legal Writing and Research
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michigan Law Review
In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
The Role Of Purposivism In The Delegation Of Rulemaking Authority To The Courts, Michael Rosensaft
ExpressO
The courts are often used by Congress as a “political lightning rod,” when Congress cannot decide how to resolve an issue. Congress relies on administrative agencies for their expertise, and it also makes sense for Congress to delegate some rulemaking authority to the courts, relying on a court’s expertise in developing caselaw in an incremental basis. However, this authority should not be lightly implied. A court can tell that Congress has delegated rulemaking authority to it when the purpose of the statute is clear and the text is broadly worded. It thus makes sense in these cases that purposivism should …
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
Linda L. Berger
No abstract provided.
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
Joel Fishman
This article celebrates forty years of publication of the Duquesne Law Review.
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman
Joel Fishman
Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.
Publications By Professor Yale Kamisar, Michigan Law Review
Publications By Professor Yale Kamisar, Michigan Law Review
Michigan Law Review
A bibliography of publications by Yale Kamisar.
Stories About Miranda, George C. Thomas Iii
Stories About Miranda, George C. Thomas Iii
Michigan Law Review
It is no exaggeration to say that Yale Kamisar was present at the creation of Miranda v. Arizona. To be sure, the seeds of Miranda had been sown in earlier cases, particularly Escobedo v. Illinois, but Escobedo was a Sixth Amendment right to counsel case. Professor Kamisar first saw the potential for extending the theory of Escob edo to the Fifth Amendment right against compelled self-incrimination. Escob edo theorized that a healthy criminal justice system requires that the accused know their rights and are encouraged to exercise them. The Escobedo Court read history to teach that no system …
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Tribute To Yale Kamisar, Ruth Bader Ginsburg
Michigan Law Review
When the editors of this issue told me of Professor Yale Kamisar's decision to retire from full-time teaching after a near half century of law faculty service, two thoughts came immediately to mind. First, I thought of the large loss to Michigan students unable to attend his classes and to faculty colleagues at Ann Arbor unable routinely to engage his bright mind. Second, I thought it altogether right for the Michigan Law Review to publish an issue honoring one of the Law School's most prized professors. When invited to write a tribute, I could not resist saying yes.
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
A Look Back On A Half-Century Of Teaching, Writing And Speaking About Criminal Law And Criminal Procedure, Yale Kamisar
Articles
When I look back at my academic career, I realize that, as hard as I tried to plan things, various events often overrode my plans.
Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis
Mapping Discriminatory Landscapes In A Divided Educational System: The Case Of Cyprus, Nicos Trimikliniotis
Nicos Trimikliniotis
This paper examines the way in which the Cyprus educational system, primarily concentrating on the Greek-Cypriot side, reproduces discriminatory patterns via an outmoded and ethnically divided educational model, in spite of some efforts to introduce multi-cultural elements of local level. Existing literature and a number of studies and reports on immigrant and minority students illustrate the need for further research on the subject, so that a comprehensive reform of the educational system can take place to move from an ethnocentric model towards a more critically orientated humanistic education based on tolerance and understanding – a matter of urgency if Cyprus …