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Articles 211 - 230 of 230
Full-Text Articles in Rule of Law
Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne
Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne
Michigan Law Review
Henry Hart began his 1964 Holmes Lectures by asking what a "single" would be without baseball. We rolled our eyes at that one, reveling in the maestro's penchant for the occult. As usual, though, Professor Hart was trying to tell us groundlings something precious. He was warning us that conventional legal thinking, by stressing rigorous deconstructive analysis, can obscure an important unity in favor of components that should be analyzed, not solely as freestanding phenomena, but as part of the unity. Without recognition of the unity, analysis of the components risks being carried on in a normative vacuum that will …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
University of Michigan Journal of Law Reform
Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …
Understanding Legal Compliance, V. Lee Hamilton
Understanding Legal Compliance, V. Lee Hamilton
Michigan Law Review
A Review of Why People Obey the Law by Tom R. Tyler
Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro
Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro
Michigan Law Review
The legal storytelling theme that is the focus of this symposium is part of a larger, ongoing intellectual movement. American legal scholarship of the past several decades has revealed deep dissatisfaction with the abstract and collective focus of law and legal discourse. The rebellion against abstraction has, of late, been characterized by a "call to context." One strand of this complex body of thought argues that law should concern itself more with the concrete lives of persons affected by it. One key word in the dialogue is the term "empathy," which appears frequently in the work of critical legal studies, …
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
The Sedition Of Free Speech, Lee C. Bollinger
The Sedition Of Free Speech, Lee C. Bollinger
Michigan Law Review
A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
Michigan Law Review
Because this Article's arguments are interwoven, a preliminary roadmap seems advisable. First, Section I will examine three perspectives on corporate punishment and will develop several concepts in terms of which corporate penalties should be evaluated. Although this analysis will suggest several barriers to effective corporate deterrence, Section II will explain why a sensible approach to corporate misbehavior still must punish the firm as well as the individual decision- maker. Section III will then evaluate three proposed approaches: (1) the "equity fine,'' (2) the use of adverse publicity, and (3) the fuller integration of public and private enforcement. In addition, it …
Government Information And The Rights Of Citizens, Michigan Law Review
Government Information And The Rights Of Citizens, Michigan Law Review
Michigan Law Review
This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.
Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller
Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller
BYU Law Review
No abstract provided.
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Michigan Law Review
A Review of Concerning Dissent and Civil Disobedience by Abe Fortas
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Michigan Law Review
A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb
Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait
Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait
Michigan Law Review
A Review of Law and Minimum World Public Order. By Myres S. McDougal and Florentino P. Feliciano
International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey
International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey
Michigan Law Review
A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.
"Congress Shall Make No Law…":Ii, O. John Rogge
"Congress Shall Make No Law…":Ii, O. John Rogge
Michigan Law Review
The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.
One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …
"Congress Shall Make No Law..."*, O. John Rogge
"Congress Shall Make No Law..."*, O. John Rogge
Michigan Law Review
It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Chafee, Jr.: The Blessings Of Liberty, Nathaniel Nathanson
Michigan Law Review
A Review of The Blessings of Liberty. By Zechariah Chafee, Jr.
Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg
Social Scientists Take The Stand: A Review And Appraisal Of Their Testimony In Litigation, Jack Greenberg
Michigan Law Review
"How to inform the judicial mind, as you know, is one of the most complicated problems,'' said Justice Frankfurter during argument of the school segregation cases. And as law deals more and more with issues of great public consequence the judiciary's need for knowledge increases. Much of this knowledge is within the realm of what are called the social sciences.
Although jurisprudents and social scientists have long complained of a gulf between law and social science, little notice has been given to the recent, recurrent collaboration between the two at the trial level. In a variety of cases social scientists' …
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Are Charges Against The Moral Character Of A Candidate For An Elective Office Conditionally Privileged, Jeremiah Smith
Michigan Law Review
Is candidacy for an elective office such a special occasion as to confer conditional privilege (prima facie protection) upon charges affecting the moral character of the candidate?
Theory Of Popular Sovereignty, Harold J. Laski
Theory Of Popular Sovereignty, Harold J. Laski
Michigan Law Review
Alexis de Tocqueville has wisely insisted upon the natural tendency of men to confound institutions that are necessary with institutions to which they have grown accustomed.' It is a truth more general in its application than he perhaps imagined. Certainly the student of political and legal ideas will in each age be compelled to examine theories which are called essential even when their original substance has, under pressure of new circumstance, passed into some allotropic form. Anyone, for instance, who analyses the modern theory of consideration will be convinced that, while judges do homage to an ancient content, they do …