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Articles 1 - 30 of 40
Full-Text Articles in Supreme Court of the United States
Is The Supreme Court On The Reagan Team?, Neal Devins
Is The Supreme Court On The Reagan Team?, Neal Devins
Popular Media
No abstract provided.
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper
Faculty Scholarship
The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, 19 illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.20 The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
Michigan Law Review
The first part of this Article, State Income Taxation of Multijurisdictional Corporations: Reflections on Mobil, Exxon, and H.R. 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARCO and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing if quixotic effort to …
The Legislative Branch And The Supreme Court, James Willard Hurst
The Legislative Branch And The Supreme Court, James Willard Hurst
University of Arkansas at Little Rock Law Review
No abstract provided.
Zant V. Stephens, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Michigan Law Review
Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
The Doctrine Of Prior Restraint Since The Pentagon Papers, James L. Oakes
University of Michigan Journal of Law Reform
The purpose of this speech is to examine how the doctrine against prior restraint has evolved since the Pentagon Papers case. I intend to demonstrate that while traditional antipathy to prior restraint has for the most part remained strong, several recent cases foreshadow a dangerous expansion of well-established exceptions to the doctrine. To understand fully the significance of these recent cases, I will begin this lecture with a general discussion of the historical origins of the doctrine against prior restraint. I will then proceed with a critical overview of the landmark Pentagon Papers case, more formally called New York Times …
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
University of Arkansas at Little Rock Law Review
No abstract provided.
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Psycho-Enigmatizing Felix Frankfurter, Eugene Gressman
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
The Court Years, 1939-1975: The Autobiography Of William O. Douglas, Michigan Law Review
Michigan Law Review
A Review of The Court Years, 1939-1975: The Autobiography of William O. Douglas by William O. Douglas
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Michigan Law Review
A Review of Decision According to Law by Charles L. Black, Jr.
Economic Liberties And The Constitution, Michigan Law Review
Economic Liberties And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Economic Liberties and the Constitution by Bernard H. Siegan
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
A Psychohistorical View Of Mr. Justice Frankfurter, Andrew S. Watson
Michigan Law Review
A Review of The Enigma of Felix Frankfurter by H.N. Hirsch
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
The Limits Of Litigation: Putting The Education Back Into Brown V. Board Of Education, T. Alexander Aleinikoff
Michigan Law Review
A Review of Shades of Brown: New Perspectives on School Desegregation edited by Derrick Bell
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Constitutional Protection Of Commercial Speech, Jonathan Weinberg
Law Faculty Research Publications
No abstract provided.
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
The Supreme Court's Opinion In The Inwood Case: Declination Of Duty, Kenneth B. Germain
Kentucky Law Journal
No abstract provided.
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
American Indian Law Review
No abstract provided.
United States Supreme Court Review Of Tenth Circuit Decisions: Community Communications Corporation V. City Of Boulder -- Reversed, Kingsley R. Browne
United States Supreme Court Review Of Tenth Circuit Decisions: Community Communications Corporation V. City Of Boulder -- Reversed, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Judicial Jurisdiction: From A Contacts To An Interest Analysis, Luther L. Mcdougal L. Mcdougal Iii
Vanderbilt Law Review
This Article examines whether the courts should shift their focus to a policy or interest analysis in judicial jurisdiction cases. The Article initially identifies some of the theoretical inadequacies of, and practical difficulties with, the Supreme Court's purposefully availing/minimum contacts approach to jurisdictional problems. The Article then outlines an alternative approach that employs a comprehensive form of interest analysis. After setting forth this proposed framework, the Article proceeds to examine Supreme Court decisions since International Shoe from the standpoint of the outcomes that an interest analysis approach might produce. Finally, the Article appraises these varying results and recommends that the …
The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst
The At&T Agreement: Reorganization Of The Telecommunications Industry And Conflicts With Illinois Law, 15 J. Marshall L. Rev. 563 (1982), Frederic D. Tennenbaum, Michael P. Hurst
UIC Law Review
No abstract provided.
Trademarks And Competition: The Ives Cases, 15 J. Marshall L. Rev. 319 (1982), Vincent N. Palladino
Trademarks And Competition: The Ives Cases, 15 J. Marshall L. Rev. 319 (1982), Vincent N. Palladino
UIC Law Review
No abstract provided.
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
Children: An Analysis Of Cases Decided Pursuant To The Indian Child Welfare Act Of 1978, Therese Buthod
American Indian Law Review
No abstract provided.
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine
Articles
"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Publications
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …