Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Michigan Law Review

Discipline
Keyword
Publication Year

Articles 1441 - 1470 of 4291

Full-Text Articles in Entire DC Network

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff Jun 1986

Theories Of Loss Of Citizenship, T. Alexander Aleinikoff

Michigan Law Review

The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.


Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King Jun 1986

Fifth Amendment Privilege For Producing Corporate Documents, Nancy J. King

Michigan Law Review

This Note argues that a person should be able to assert her fifth amendment privilege against self-incrimination when her act of producing corporate documents pursuant to a subpoena causes her to make testimonial admissions that are incriminating. Part I briefly examines the two approaches the Supreme Court has used to decide claims of self-incrimination for records production. First, it explains the Court's traditional entity doctrine which, by focusing on the nature of the documents and the capacity in which they are held, has prohibited records producers from invoking the fifth amendment privilege against self-incrimination if the records produced are those …


Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks May 1986

Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks

Michigan Law Review

Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.


Periodical Index, Michigan Law Review May 1986

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews


Religion And The Burger Court, Rex E. Lee Apr 1986

Religion And The Burger Court, Rex E. Lee

Michigan Law Review

A Review of Religion, State and the Burger Court by Leo Pfeffer


Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak Apr 1986

Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak

Michigan Law Review

A Review of Disabling America: The "Rights Industry" in Our Time by Richard E. Morgan


Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider Apr 1986

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon


Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr. Apr 1986

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.

Michigan Law Review

A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury


Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg Apr 1986

Evaluating Unions: Labor Economics And The Law, Michael J. Goldberg

Michigan Law Review

A Review ofWhat Do Unions Do? by Richard B. Freeman and James L. Medoff


The Capital Punishment Conundrum, Eric Schnapper Apr 1986

The Capital Punishment Conundrum, Eric Schnapper

Michigan Law Review

A Review of Life in the Balance: Procedural Safeguards in Capital Cases by Welsh S. White


Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano Apr 1986

Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano

Michigan Law Review

A Review of Criminal Interrogation and Confessions (3d edition) by Fred E. Inbau, John E. Reid, and Joseph P. Buckley


Conscience And The Law: The English Criminal Jury, Robert C. Palmer Apr 1986

Conscience And The Law: The English Criminal Jury, Robert C. Palmer

Michigan Law Review

A Review of Verdict According to Conscience by Thomas Andrew Green


Innovations In Policing: A Review Of The New Blue Line, Norval Morris Apr 1986

Innovations In Policing: A Review Of The New Blue Line, Norval Morris

Michigan Law Review

A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley


The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner Apr 1986

The Constitution As Mirror: Tribe's Constitutional Choices, Richard A. Posner

Michigan Law Review

A Review of Constitutional Choices by Laurence H. Tribe


Conserving The Federal Judiciary For A Conservative Agenda?, Samuel Estreicher Apr 1986

Conserving The Federal Judiciary For A Conservative Agenda?, Samuel Estreicher

Michigan Law Review

A Review of The Federal Courts: Crisis and Reform by Richard A. Posner


Judge Picking, Abner J. Mikva Apr 1986

Judge Picking, Abner J. Mikva

Michigan Law Review

A Review of God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History by Laurence H. Tribe


Hyperspace, Girardeau A. Spann Apr 1986

Hyperspace, Girardeau A. Spann

Michigan Law Review

A Review of The Supreme Court and Constitutional Democracy by John Agresto


Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch Apr 1986

Injury And Exasperation: An Examination Of Harm To Others And Offense To Others, Andrew Von Hirsch

Michigan Law Review

A Review of Harm to Others by Joel Feinberg and a Review of Offense to Others by Joel Feinberg


A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill Apr 1986

A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill

Michigan Law Review

A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell


Liberalism And American Constitutional Law, Eric Brunstad Apr 1986

Liberalism And American Constitutional Law, Eric Brunstad

Michigan Law Review

A Review of Liberalism and American Constitutional Law by Rogers M. Smith


Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz Apr 1986

Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz

Michigan Law Review

A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball


The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn Apr 1986

The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn

Michigan Law Review

A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild


The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel Apr 1986

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart


World Politics And International Law, John M. West Apr 1986

World Politics And International Law, John M. West

Michigan Law Review

A Review of World Politics and International Law by Francis Anthony Boyle


Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat Apr 1986

Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat

Michigan Law Review

A Review of Outer Space: New Challenges to Law and Policy by J.E.S. Fawcett


Can A Good Lawyer Be A Bad Person, Stephen Gillers Apr 1986

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Michigan Law Review

A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman


Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman Apr 1986

Jurisprudence: A Descriptive And Normative Analysis Of Law, Christopher P. Portman

Michigan Law Review

A Review of Jurisprudence: A Descriptive and Normative Analysis of Law by Anthony D'Amato


Bakke & The Politics Of Equality, Paul V. Timmins Apr 1986

Bakke & The Politics Of Equality, Paul V. Timmins

Michigan Law Review

A Review of Bakke & the Politics of Equality by Timothy J. O'Neill


Introduction: Is Cultural Criticism Possible?, James Boyd White Jan 1986

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …


Religious Convictions And Lawmaking, Kent Greenawalt Dec 1985

Religious Convictions And Lawmaking, Kent Greenawalt

Michigan Law Review

In Part I, I introduce the subject of liberal democracy, rationality, and religion. I explain briefly why this subject merits our attention. I then indicate variant positions about it and my own summary conclusions. I develop a partial model of our liberal democracy from which the issue can be addressed in context. I next consider two kinds of concrete social issues, consenting sexual acts among adults and the protection of animals and the natural environment. During this treatment I indicate more fully how religious convictions affect judgments about desirable laws, and I analyze the claim that good citizens should not …