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Full-Text Articles in Rule of Law

Law Without Mind, Steven D. Smith Oct 1989

Law Without Mind, Steven D. Smith

Michigan Law Review

A large part of the work done by lawyers and judges involves the interpretation of enacted law - primarily, statutes and the Constitution. Not surprisingly, legal scholars offer a good deal of advice, usually unsolicited, about how the task of interpretation should be performed. At present, such scholarly advice commonly recommends variations on an approach that may be called "present-oriented interpretation." This approach discourages judges from equating a law with its historical meaning or "original understanding." Instead, it urges them to construe statutes and constitutional provisions in a way that will render the law "the best it can be" in …


Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro Aug 1989

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, …


The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy Jun 1989

The Judiciary's Use Of Supervisory Power To Control Federal Law Enforcement Activity, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

In McNabb v. United States, the Supreme Court claimed- for the first time in its history-the prerogative of "establishing and maintaining civilized standards of procedure and evidence" in the exercise of "supervisory authority over the administration of criminal justice in the federal courts." Since then, the Court has used this self-declared oversight power on numerous occasions and for a wide variety of purposes, but it has never adequately explained either the provenance or the scope of this type of judicial authority. Lower federal courts have followed suit, on the largely unexamined assumption that they too are endowed with supervisory …


Just Punishment In An Imperfect World, Stephen J. Schulhofer May 1989

Just Punishment In An Imperfect World, Stephen J. Schulhofer

Michigan Law Review

A Review of Questioning Authority: Justice and Criminal Law by David L. Bazelon


Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers May 1989

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


People V. Bradshaw: Has The Appearance Of Impropriety Standard Supplanted The Requirement Of Demonstrating Prejudice In Ex Parte Communications?, Charles F. Scott Honorable, Leo J. Delaney Jan 1989

People V. Bradshaw: Has The Appearance Of Impropriety Standard Supplanted The Requirement Of Demonstrating Prejudice In Ex Parte Communications?, Charles F. Scott Honorable, Leo J. Delaney

Loyola University Chicago Law Journal

No abstract provided.


Selective Publication Rules: An Empirical Study, Keith H. Beyler Jan 1989

Selective Publication Rules: An Empirical Study, Keith H. Beyler

Loyola University Chicago Law Journal

No abstract provided.


Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss Jan 1989

Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss

Touro Law Review

No abstract provided.