History Commons^™

My Turn: 'We The People' And The Garland Nomination, John M. Greabe

Law Faculty Scholarship

[Excerpt] "Because I teach constitutional law, a friend recently asked me whether Judge Merrick Garland or President Obama might successfully sue to compel the Senate to take action on the nomination of Judge Garland to fill the vacancy on the United States Supreme Court.

Almost certainly not, I told him. Under settled precedent, a judge would dismiss such a case as raising a non-legal ''political" question. It would be very difficult to develop acceptable decisional standards for such a claim. Moreover, courts are reluctant to entertain lawsuits challenging mechanisms that the Senate uses to oversee the judiciary."

Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout

College of Arts & Sciences Senior Honors Theses

No abstract provided.

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …

Myanmar- A New Law For A New Era, Mahdev Mohan

Research Collection Yong Pung How School Of Law

On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.

To Catch A Terrorist: The Improper Use Of Profiling In U.S. Post-9/11 Counterterrorism, Kamillia Crawford

Honors Undergraduate Theses

The attacks of September 11, 2001 (9/11) caused thousands of deaths, national and global panic, and immediate action by the federal government to protect the borders of the United States of America (USA) from terrorism. In response to these attacks, the United States (U.S.) government enacted laws for law enforcement agencies to protect against terrorist activities. Law enforcement agencies are effective in combating terrorism, but their measures contain a major flaw - the improper use of race in profiling to address national security and public safety concerns. Racial profiling is an ineffective measure for preventing terrorism. There are solutions to …

"To The Devil We Sprang And To The Devil We Shall Go": Memory And History In The Narrative Of British Medieval Constitutionality, Helen W. Tschurr

Summer Research

The British Bill of Rights is arguably one of the most important documents in history; it symbolizes modernity, legal protection for popular sovereignty, and has inspired several political and intellectual revolutions. The Bill of Rights is a physical manifestation of the British constitution and represents a triumph of constitutionality over despotism, the struggle which has defined British history since the Norman Invasion in 1066, and which has been deemed the de facto constitution itself. Because of its unique composition, the British constitution has been a hotly debated historical subject since the Glorious Revolution. Most scholarship on this topic has been …

A Birthday For The Upper Peninsula, Mark Ruge

Upper Country: A Journal of the Lake Superior Region

Everyone and everything should have its own birthday, particularly a special place like Michigan's Upper Peninsula, which does not. In this article, the author traces the political machinations of Michigan and the Upper Peninsula with a goal of finding the most appropriate birthday. He and the attendees at the Sonderegger Symposium XVI, sponsored by the Center for U.P. Studies, at Northern Michigan University, settle on December 14, 1836, the date when the final condition was met to establish the boundaries of Michigan as a state—boundaries that for the first time included the entirety of the Upper Peninsula as we know …