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Articles 1 - 30 of 54
Full-Text Articles in Supreme Court of the United States
Stare Decisis In Lower Courts: Predicting The Demise Of Supreme Court Precedent, David C. Bratz
Stare Decisis In Lower Courts: Predicting The Demise Of Supreme Court Precedent, David C. Bratz
Washington Law Review
This Comment contends that under limited circumstances lower courts may refuse to follow authoritative precedent. The Comment begins by distinguishing the doctrine of stare decisis in the Supreme Court and the doctrine as applied to lower courts. Next, the Comment discusses the doctrine of implicit overrule and suggests that the concept of implicit overrule is not sufficiently broad to encompass all of the circumstances in which lower courts should be allowed to disregard precedent. Using McCray as a paradigm, this Comment concludes that lower courts, within narrow limits, should be free to disregard even authoritative precedent when it is predictable …
The Activist Legacy Of The New Deal Court, Raoul Berger
The Activist Legacy Of The New Deal Court, Raoul Berger
Washington Law Review
The activist legacy of the New Deal Court was free-wheeling adjudication. It sprang from the Four Horsemen's obdurate identification of their economic and social predilections with constitutional mandates, halting the Rooseveltian reform measures in their tracks, and bringing on the Court-Packing Plan. Although the Plan failed, it was followed by a shake-out resulting in the "reconstructed Court,'' a Court that had learned from its predecessors how to manipulate the Constitution, albeit for a new set of goals.
Is There Any Indian "Law" Left? A Review Of The Supreme Court's 1982 Term, Russel Lawrence Barsh
Is There Any Indian "Law" Left? A Review Of The Supreme Court's 1982 Term, Russel Lawrence Barsh
Washington Law Review
The Supreme Court's decisions have been characterized by an absence of general principles, which the Justices rationalize as the "particularization" of their analysis. The standards that do appear from time to time, such as "balancing interests" and "implied repeal," are merely euphemisms for discretion. There has been no consistent authorship of opinions because the Justices hold little enthusiasm for Indian law cases, and the Court seems to treat each dispute as if it were a matter of first impression. "Generalizations on this subject have become . . . treacherous" as a result of the Court's failure to make and stick …
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman
Michigan Law Review
In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav
Faculty Scholarship
No abstract provided.
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
School Desegregation Law In The 1980'S: The Courts' Abandonment Of Brown V. Board Of Education, Neal Devins
William & Mary Law Review
No abstract provided.
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
Book Review: Louis D. Brandeis And The Progressive Tradition; Brandeis, Paul Brickner
Book Review: Louis D. Brandeis And The Progressive Tradition; Brandeis, Paul Brickner
Vanderbilt Law Review
Urofsky has captured the essence of Brandeis in his excellent and informative volume. Urofsky often demonstrates a fine facility for clarifying points and positions with meaningful factual details.His book reveals the depth of scholarship that one would expect from a co-editor of the five volume collection of Brandeis' letters."He recognized the importance of the relationship between Brandeis and Frankfurter and devoted an entire small chapter to their efforts to promulgate their views as described by Bruce Murphy. For a concise but telling biography of Brandeis, from the "people's attorney" to one of the Supreme Court's " nine old men", Urofsky's …
The Supreme Court And Private Schools: An Update, Neal Devins
The Supreme Court And Private Schools: An Update, Neal Devins
Popular Media
No abstract provided.
Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano
Probable Cause And Common Sense: A Reply To The Critics Of Illinois V. Gates, Joseph D. Grano
University of Michigan Journal of Law Reform
Part I of this article reviews Gates's actual holding. Although one can view much of the Court's more interesting discussion of the two-pronged test as dicta, the majority and dissenters clearly did not regard it as such. The majority and dissenters disagreed, however, not only over the appropriate hearsay test but, more fundamentally, over the nature of probable cause itself. I will argue that one must resolve this more basic disagreement before properly addressing the hearsay issue.
Part II examines probable cause from an historical perspective. In this part, I attempt to demonstrate that both the English common law …
The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt
The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt
University of Michigan Journal of Law Reform
This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …
The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff
The Pretext Search Doctrine: Now You See It, Now You Don't, John M. Burkoff
University of Michigan Journal of Law Reform
One can only hope, to put it bluntly, that the Supreme Court majority in Villamonte-Marquez did not mean what it seemed to have said. Indeed, there is some evidence that this is precisely the case. In the same Term Villamonte-Marquez was decided, the Court also decided Texas v. Brown. In Brown, the Supreme Court continued to recognize and respond to the problem of pretext searches. In other words, the Court still acts as if the pretext search doctrine remains vital, despite the apparent body blow delivered to it in Scott and Villamonte-Marquez. The remainder of this Article …
The Fourth Amendment And The Control Of Police Discretion, William J. Mertens
The Fourth Amendment And The Control Of Police Discretion, William J. Mertens
University of Michigan Journal of Law Reform
The fourth amendment protects the security of people's "persons, houses, papers, and effects" in two distinct (if overlapping) ways. First, it requires a sufficiently weighty public interest before the government's agents are allowed to search or seize. Thus, for example, probable cause is required for arrest. Whatever uncertainty there may be in the phrase "probable cause" (and, for that matter, however indefinite the idea of "arrest" may have become), in this context, at least, the probable cause standard requires the demonstration of objective facts that point with some probability to the guilt for some particular offense of the person arrested. …
Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar
Articles
Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'
Is The Burger Court Really Like The Warren Court?, Paul Bender
Is The Burger Court Really Like The Warren Court?, Paul Bender
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Does Doctrine Matter?, Frederick Schauer
Does Doctrine Matter?, Frederick Schauer
Michigan Law Review
A Review of The Burger Court: The Counter-Revolution That Wasn't by Vincent Blasi
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
Brandeis, Michigan Law Review
Brandeis, Michigan Law Review
Michigan Law Review
A Review of Brandeis by Lewis J. Paper
From Swift To Erie: An Historical Perspective, Gene R. Shreve
From Swift To Erie: An Historical Perspective, Gene R. Shreve
Michigan Law Review
A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins
Faculty Publications
No abstract provided.
Diminished Luster In Escambia County?, Neal Devins
Diminished Luster In Escambia County?, Neal Devins
Faculty Publications
No abstract provided.
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
Did The Stotts Decision Really Spell The End Of Race-Conscious Affirmative Action?, William L. Robinson, Stephen L. Spitz
NYLS Journal of Human Rights
No abstract provided.
Diverting The Course Of Colorado River: A Reconciliation Of Seventh Circuit Adaptations, 17 J. Marshall L. Rev. 49 (1984), Michael W. Pinsof, Richard A. Wolfe
Diverting The Course Of Colorado River: A Reconciliation Of Seventh Circuit Adaptations, 17 J. Marshall L. Rev. 49 (1984), Michael W. Pinsof, Richard A. Wolfe
UIC Law Review
No abstract provided.
Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr.
Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr.
UIC Law Review
No abstract provided.
Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran
Illinois V. Gates: Probable Cause Redefined, 17 J. Marshall L. Rev. 335 (1984), James W. Reilley, Barry E. Witlin, Christine P. Curran
UIC Law Review
No abstract provided.
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins
Faculty Publications
No abstract provided.
Controlling The Structural Injunction, Robert F. Nagel
Controlling The Structural Injunction, Robert F. Nagel
Publications
No abstract provided.
Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins
Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins
Publications
No abstract provided.
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne
Faculty Publications
No abstract provided.
What Standards Apply When Freedoms Collide?, Neal Devins
What Standards Apply When Freedoms Collide?, Neal Devins
Faculty Publications
No abstract provided.