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Articles 31 - 60 of 131
Full-Text Articles in Rule of Law
Imperfect Alternatives: Choosing Institutions In Law, Economics, And Public Policy, David A. Luigs
Imperfect Alternatives: Choosing Institutions In Law, Economics, And Public Policy, David A. Luigs
Michigan Law Review
A Review of Imperfect Alternatives: Choosing Institutions in Law, Economics, and Public Policy by Neal K. Komesar
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
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Inside Campaign Finance: Myths And Realities, Michael R. Phillips
Michigan Law Review
A Review of Inside Campaign Finance: Myths and Realities by Frank J. Sarauf
Post-Totalitarian Politics, Guyora Binder
Post-Totalitarian Politics, Guyora Binder
Michigan Law Review
A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato
Dialogue And Judicial Review, Barry Friedman
Dialogue And Judicial Review, Barry Friedman
Michigan Law Review
This article argues that most normative legal scholarship regarding the role of judicial review rests upon a descriptively inaccurate foundation. The goal of this article is to redescribe the landscape of American constitutionalism in a manner vastly different than most normative scholarship. At times this article slips across the line into prescription, but by and large the task is descriptive. The idea is to clear the way so that later normative work can proceed against the backdrop of a far more accurate understanding of the system of American constitutionalism.
This article proceeds in three separate parts. Parts I and II …
Justifiably Punishing The Justified, Heidi M. Hurd
Justifiably Punishing The Justified, Heidi M. Hurd
Michigan Law Review
Contemporary moral philosophy, political theory, and jurisprudence have converged to create a quite baffling dilemma. This dilemma is generated by the apparent incompatibility of three principles, each of which grounds features of our system of law and government, and each of which carries substantial normative weight. The first I shall call the punishment principle - a moral principle, doctrinally entrenched in American criminal and civil law, which holds that individuals who are morally justified in their actions ought not to be blamed or punished for those actions. The second is the principle of the rule of law - a complex …
Moral Responsibility In The Age Of Bureaucracy, David Luban, Alan Strudler, David Wasserman
Moral Responsibility In The Age Of Bureaucracy, David Luban, Alan Strudler, David Wasserman
Michigan Law Review
No twentieth-century writer has thought so deeply, or so yearningly, about natural law as Franz Kafka. Kafka's is a world in which we seek desperately to know the natural law that is sovereign in human affairs but find that knowledge of the law is withheld from us. For this reason, we lead our lives in a state of, if not original sin, then original guilt - guilt for violating the law, or perhaps guilt for not knowing the law, despite the fact that we wish to know it.
The Trial is Kafka's greatest elaboration of this theme. Joseph K. is …
Playing With The Rules, Mark V. Tushnet
Playing With The Rules, Mark V. Tushnet
Michigan Law Review
A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer
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
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Justice, Mercy, And Late Medieval Governance, Pat Mccune
Michigan Law Review
A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell
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
Law Without Mind, Steven D. Smith
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
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, …
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
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
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Michigan Law Review
Part I of this Note argues that the Thompson, Logan, and Hicks cases can be read narrowly to deal primarily with concern about protecting specific constitutional guarantees such as criminal procedural protections, equal protection guarantees, and first amendment freedoms. Arguably, in order to avoid dealing explicitly with the broader constitutional questions raised by the state decisions, the Court reversed the state decisions as arbitrary interpretations of state law. Part II argues that the rule against arbitrary state decisions suggested by Thompson, Logan, and Hicks is incompatible with federalism because it interferes with states' ability to develop law over state …
The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry
The Conditions Of Discretion: Autonomy, Community, Bureaucracy, Steven F. Cherry
Michigan Law Review
A Review of The Conditions of Discretion: Autonomy, Community, Bureaucracy/em by Joel F. Handler
Legality And Empathy, Lynne N. Henderson
Legality And Empathy, Lynne N. Henderson
Michigan Law Review
This article rejects the assumption that legality - by which I mean the dominant belief system about the Rule and role of Law - and empathy are mutually exclusive concepts. Failure to recognize the phenomenon of empathy explicitly in legal decisions more generally may result from a fear of the emotional realm as irrational, rather than a rational. It may stem from a belief that the divide between "subject" and "object" is uncrossable. The resistance to empathy may be attributable to the adversarial ideology acquired during law school understanding the adversary is not important unless it serves one's instrumental …
The Black Book Of Polish Censorship, Michigan Law Review
The Black Book Of Polish Censorship, Michigan Law Review
Michigan Law Review
A Review of The Black Book of Polish Censorship translated and edited by Jane Leftwich Curry
News Of Crime: Courts And Press In Conflict, Michigan Law Review
News Of Crime: Courts And Press In Conflict, Michigan Law Review
Michigan Law Review
A Review of News of Crime: Courts and Press in Conflict by J. Edward Gerald
International Trade And The "Rule Of Law", Phillip R. Trimble
International Trade And The "Rule Of Law", Phillip R. Trimble
Michigan Law Review
A Review of Implementing the Tokyo Round: National Constitutions and International Economic Rules by John H. Jackson, Jean Victor Louis, and Mitsuo Matsushita
Socialism And Federation, John N. Hazard
Socialism And Federation, John N. Hazard
Michigan Law Review
Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Socialist Federation--A Legal Means To The Solution Of The Nationality Problem: A Comparative Study, Viktor Knapp
Michigan Law Review
The history of federations is both long and short. It is long in that the federation originated with the Swiss Confederation, which dates back to the 1291 defense confederacy of the cantons of Uri, Schwyz and Unterwalden; it is short because the second federation in world history, one that has become a model for many others, did not come into being until almost five centuries later in America.
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
Michigan Law Review
The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
The Court Of Justice Of The European Communities And Governance In An Economic Crisis, J. Mertens De Wilmars, J. Steenbergen
Michigan Law Review
An economic crisis with the dimensions of the one raging in the world today confronts the judiciary - as well as business undertakings, parliaments and governments, workers, their trade unions and other organizations - with new responsibilities. New areas of law suddenly come to the forefront and even those matters which would appear to be the most firmly settled call for a critical reexamination. Such rethinking may maintain what might otherwise be swept away, or improve what deserves to be changed by way of judicial decisions, or demonstrate that legislative action is both necessary and urgent.
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson
Michigan Law Review
In this brief article I will confine myself to an analysis of the U.S. legal system pertaining to regulation of imports, deferring to other works an exploration of similar questions relating to regulation of exports or other international economic activities. First, however, I wish to touch on policies related to the legal structure of international rules for trade. This will help put the subject of this article in broader perspective, and although I will focus on U.S. domestic law measures, it will readily be seen that the international system depends greatly on national legal systems for its efficacy, and that …
Suing Government, Michigan Law Review
Suing Government, Michigan Law Review
Michigan Law Review
A Review of Suing Government by Peter H. Schuck
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 …
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Governmental Secrecy And The Founding Fathers: A Study In Constitutional Controls, Michigan Law Review
Michigan Law Review
A Review of Governmental Secrecy and the Founding Fathers: A Study in Constitutional Controls by Daniel N. Hoffman