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Full-Text Articles in Rule of Law
Law Matters, Even To The Executive, Julian Davis Mortenson
Law Matters, Even To The Executive, Julian Davis Mortenson
Michigan Law Review
In both constitutional and international law, many legal rules cannot be implemented without what most people would describe as the voluntary compliance of their target. Is that really “law”? Or is rule compliance in such circumstances just an expression of “interests”? Forget jurisprudence for the moment. As a practical matter, what does it mean to work as a lawyer in a field where the rules are not coercively enforced against private parties by an independent judiciary whose orders are implemented by a cooperative executive? This question has particularly high stakes for national security policy, where we find judicial deference at …
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston
Brutality In Blue: Community, Authority, And The Elusive Promise Of Police Reform, Debra Ann Livingston
Michigan Law Review
A Review of Above the Law: Police and the Excessive Use of Force by Jerome H. Skolnick and James J. Fyfe
Foreign Affairs Law And Democracy, Phillip R. Trimble
Foreign Affairs Law And Democracy, Phillip R. Trimble
Michigan Law Review
A Review of Constitutionalism, Democracy, and Foreign Affairs by Louis Henkin
Just Punishment In An Imperfect World, Stephen J. Schulhofer
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
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review
Michigan Law Review
Litigation results when the legislative branch contests the inherent power order. Because judicial compulsion of legislative action must derive from constitutional authority, and because of the practical and doctrinal challenges such litigation presents, many courts have struggled to resolve these cases in a principled fashion. This Note defends the inherent power doctrine, but argues that current judicial approaches to its application have failed to confront squarely the central issues raised by inherent power orders. The Note advocates an alternative procedure for defining the legitimate scope of judicial authority to compel appropriations on its own behalf. Part I examines the constitutional …
Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.
Constitutional Law - Due Process -Watkins V. United States As A Limitation On Power Of Congressional Investigating Committees, Allan F. Bioff S. Ed.
Michigan Law Review
It is the purpose of this comment to examine the nature and extent of the restraints imposed by the Watkins case as well as the potential problems raised by the decision.