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Articles 1 - 26 of 26
Full-Text Articles in Legislation
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer
University of Richmond Law Review
In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …
A Tale Of Conflicting Sovereignties: The Case Against Tribal Sovereign Immunity And Federal Preemption Doctrines Preventing States' Enforcement Of Campaign Contribution Regulations On Indian Tribes, Paul Porter
University of Michigan Journal of Law Reform
This Note will discuss whether Indian tribes can assert tribal sovereign immunity to avoid compliance with state campaign finance regulation and whether such regulations should be preempted by federal law. Tribal sovereign immunity is not an enshrined constitutional imperative; it exists only under federal common law and can be limited by the courts from blocking state suits to enforce campaign finance regulations against tribes. This Note will also argue that state campaign finance regulations should not be preempted by federal law because states have a compelling interest in protecting their political processes from corruption that outweighs tribal interests in flouting …
Protecting Abused, Neglected, And Abandoned Children: A Proposal For Provisional Out-Of-State Kinship Placements Pursuant To The Interstate Compact On The Placement Of Children, John C. Lore Iii
University of Michigan Journal of Law Reform
The Interstate Compact on the Placement of Children deals with the interstate placement of abused, neglected and abandoned children. This article addresses the critical need for reform of the Interstate Compact and attempts to tackle its most serious flaw-the lack of a provisional placement for children awaiting approval of out-of-state kinship placements. The recently enacted Safe and Timely Interstate Placement of Foster Children Act of 2006 (the "Act") is seriously flawed to the detriment of one of our country's most vulnerable groups and the very population it is designed to protect-children who have been abused, neglected and abandoned. This article …
How Qui Tam Actions Could Fight Public Corruption, Aaron R. Petty
How Qui Tam Actions Could Fight Public Corruption, Aaron R. Petty
University of Michigan Journal of Law Reform
This Note argues that public corruption at the state and local levels is a serious problem throughout the United States. Because public corruption decreases confidence in the democratic system at all levels of government, a strong response is necessary. Due to difficulties inherent in the deterrence, detection, and prosecution of state and local corruption, innovative methods to respond to this problem are needed. The author argues that amending the federal criminal statutes most commonly used to prosecute state and local public corruption, to allow a private citizen to bring a qui tam civil action against the public official for violations …
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Juvenile Competency Statutes: A Model For State Legislation, Kellie M. Johnson
Indiana Law Journal
No abstract provided.
Chapter 680: Don't Let The Revolving Door Hit You On The Way Out Of Local Office, Jenny Dione Dennis
Chapter 680: Don't Let The Revolving Door Hit You On The Way Out Of Local Office, Jenny Dione Dennis
McGeorge Law Review
No abstract provided.
Disparate Impact And The Use Of Racial Proxies In Post-Mcri Admissions, Matthew S. Owen, Danielle S. Barbour
Disparate Impact And The Use Of Racial Proxies In Post-Mcri Admissions, Matthew S. Owen, Danielle S. Barbour
Michigan Law Review First Impressions
The Michigan Civil Rights Initiative (“MCRI”) amended the Michigan Constitution to provide that public universities, colleges, and school districts may not “discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of . . . public education.” We argue that, in addition to prohibiting the overt use of racial preferences in admissions, the MCRI also prohibits using racial proxies such as socioeconomic status or a “Ten Percent Plan” that aim to prefer minorities in admissions. Though the MCRI does not expressly say so, we stipulate …
The Michigan Civil Rights Initiative And The Civil Rights Act Of 1964, Carl Cohen
The Michigan Civil Rights Initiative And The Civil Rights Act Of 1964, Carl Cohen
Michigan Law Review First Impressions
The underlying principle of the Michigan Civil Rights Initiative (MCRI), adopted by state wide vote on 7 November 2006, is identical to that of the Civil Rights Act of 1964. Section 601 of the Civil Rights Act provides: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The recent passage of the MCRI results now in the inclusion [in Article 1, Section 26 of the Michigan constitution] of section …
Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler
Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler
Michigan Journal of International Law
This Article introduces the longstanding treaty compliance debate and expands it to include the question of whether treaties influence sub-federal actors in non-ratifying countries. This Part draws on norm theory to conclude that sub-federal actors may use treaties and treaty processes as: (a) a framework to understand the underlying substantive issue, (b) a way to reduce drafting costs, (c) a focal point to measure compliance, (d) evidence of an international consensus, (e) a mechanism to express or signal a cosmopolitan identity, or (f) a springboard to criticize the current administration.
The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez
The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez
Michigan Journal of Gender & Law
This paper argues that states need to strengthen protection of putative fathers' rights to their infant children when the mother wishes for the child to be adopted. Part I frames the discussion around established parental rights through constitutional case law. To do this, the paper addresses both the Supreme Court's parental rights doctrine and its biology-plus doctrine, which requires unwed fathers to show that in addition to being the biological father they also have taken responsibility for their children. Part II describes common state statutes that affect putative fathers, including putative father registries, safe haven laws, and laws granting custody …
Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis
Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis
Richmond Journal of Law and the Public Interest
Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.
Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden
Hurricane Katrina And The Toxic Torts Implications Of Environmental Injustice In New Orleans, 40 J. Marshall L. Rev. 1 (2006), L. Darnell Weeden
UIC Law Review
No abstract provided.
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
UIC Law Review
No abstract provided.
No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness
No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness
UIC Law Review
No abstract provided.
Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis
Being Daphne's Mom: An Argument For Valuing Companion Animals As Companions, 39 J. Marshall L. Rev. 1453 (2006), Vasiliki Agorianitis
UIC Law Review
No abstract provided.
Making Our Congressional Elections More Competitive; A Proposal For A Limited Number Of Statewide At-Large Elections In Our More Populous States, 39 J. Marshall L. Rev. 1425 (2006), Walter M. Frank
UIC Law Review
No abstract provided.
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
Hitching A Ride: Every Time You Take A Drive, The Government Is Riding With You, 39 J. Marshall L. Rev. 1499 (2006), Benjamin Burnham
UIC Law Review
No abstract provided.
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
Developing Trends With The Class Action Fairness Act Of 2005, 40 J. Marshall L. Rev. 115 (2006), Steven M. Puiszis
UIC Law Review
No abstract provided.
What The Mcri Can Teach White Litigants About White Dominance, Adam Gitlin
What The Mcri Can Teach White Litigants About White Dominance, Adam Gitlin
Michigan Law Review First Impressions
The ballots have barely been counted, but litigation to enjoin implementation of the now-codified Michigan Civil Rights Initiative (“MCRI”) or at least limit its effect on admissions practices in Michigan’s universities is already underway. One of the primary arguments against the MCRI—and the basis upon which some plaintiff professors assert standing—is that students will suffer an impaired education if current admissions practices are discarded. Assuming that the MCRI survives these legal challenges, educators should be consoled somewhat to know the MCRI may still offer some pedagogy as compensation: litigation will likely be brought to enforce its provisions, and that litigation …
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.
Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang
Felons, Guns, And The Limits Of Federal Power, 39 J. Marshall L. Rev. 385 (2006), Dean A. Strang
UIC Law Review
No abstract provided.
Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz
Uniform Laws Or State Immunity? The Constitutionality Of Section 106(A) After Seminole, 39 J. Marshall L. Rev. 969 (2006), John F. Hiltz
UIC Law Review
No abstract provided.
A Sheep In Wolf's Clothing: The Michigan Civil Rights Initiative As The Savior Of Affirmative Action, Ryan C. Hess
A Sheep In Wolf's Clothing: The Michigan Civil Rights Initiative As The Savior Of Affirmative Action, Ryan C. Hess
Michigan Law Review First Impressions
The University of Michigan has long been a place of important discussions about civil and human rights. On the steps of the Michigan Student Union, only a few paces from the Law School, lies an inconspicuous marker where then-President John F. Kennedy, Jr. dedicated the United States Peace Core. During the Vietnam War, the University played host to significant protests that changed how we think about war and its consequences. Most recently, the University litigated a series of Supreme Court cases that have helped define the role of educational institutions in the quest for equality. This role promises to continue …
"Framing Affirmative Action", Kimberlé W. Crenshaw
"Framing Affirmative Action", Kimberlé W. Crenshaw
Michigan Law Review First Impressions
With the passage of the Michigan Civil Rights Initiative (“MCRI”), Michigan joins California and Washington to constitute the new postaffirmative action frontier. For proponents such as Ward Connerly, affirmative action is on the edge of extinction. Connerly plans to carry his campaign against what he calls “racial preferences” to eight states in 2008, scoring a decisive Super-Tuesday repudiation of a social policy that he portrays as the contemporary face of racial discrimination. On the other side of the issue, proponents of affirmative action are struggling to regroup, fearful that the confluence of lukewarm support among Democratic allies, messy presidential politics …
Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis
Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis
Richmond Public Interest Law Review
Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Michigan Journal of Race and Law
This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …