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Articles 1 - 7 of 7
Full-Text Articles in Law
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Judicial Supremacy Re-Examined: A Proposed Alternative, G. Sidney Buchanan
Michigan Law Review
A citizen critic recently expressed to me his bitter opposition to the Warren Court's decisions on school prayer and school desegregation. If this critic were elected governor of a state or placed in some other position of governmental authority, he would almost certainly use his power to block public school desegregation and to encourage prayer reading in the public schools. Conceding that our critic would be acting controversially in so using his power, would he be acting unconstitutionally? This is the question which this Article will attempt to answer. More generally, this Article will consider the extent to which a …
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Educational Financing, Equal Protection Of The Laws, And The Supreme Court, Michigan Law Review
Michigan Law Review
Recently, state systems of financing public education have been overturned or seriously threatened by several state and federal court cases based on the equal protection clause of the fourteenth amendment. Rodriguez v. San Antonio Independent School District, which invalidated the Texas system of educational financing, will be argued before the Supreme Court next term. This Comment will examine the doctrinal and policy problems that the Court will confront and the alternative solutions that are available to the Court when it considers the constitutionality of the Texas system, which is typical of the educational financing programs that have generated so …
Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash
Constitutional Standards Applicable To Voter Registration Closing Dates, Jeffrey M. Petrash
University of Michigan Journal of Law Reform
Judicial pronouncements during the last decade on the relationship between the state, the voter, and the Federal Constitution have circumscribed the power states formerly enjoyed to impose restrictions on availability of the franchise. Nevertheless, all states but one maintain voter registration systems, one element of which is a closing date which cuts off registration at a stipulated point in time prior to election day. While in a statistical sense large scale de facto disfranchisement results from the use of closing dates, a distinct issue is presented as to whether this disfranchisement is of a type that is proscribed by the …
Policing The Executive Privilege, Keith Borman
Policing The Executive Privilege, Keith Borman
University of Michigan Journal of Law Reform
In response to the increasing number of confrontations over the use of the executive privilege, Senator William Fulbright has placed before the Senate a bill designed to avoid the confusion that now exacerbates the tension between the legislative and executive branches of government. This relatively uncomplicated bill defines procedures for the assertion of the executive privilege and provides sanctions to be imposed when these procedures are abused or ignored. This note reviews the nature of the controversy between the two branches of government which has contributed to the introduction of the proposed legislation, and then proceeds to examine the provisions …
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
County Home Rule: An Approach To Metropolitan Problems In Michigan, Stephen M. Silverman
University of Michigan Journal of Law Reform
This note examines what seems to be the most viable solution for metropolitan problems in Michigan: county home rule, as authorized by the 1963 state constitution. Since the primary obstacle to the use of county- home rule as a vehicle for metropolitan reform appears to lie in the present statutory authority, the Michigan County Home Rule Act of 1966 (Act), considerable attention is given to the Act and to recent legislation proposed to amend the Act, Michigan House Bill 5464, introduced into the Michigan Legislature on June 21, 1971, and currently pending before the Michigan House Committee on Towns and …
The Constitutionality Of Candidate Filing Fees, Michigan Law Review
The Constitutionality Of Candidate Filing Fees, Michigan Law Review
Michigan Law Review
Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Cappellitti: Judicial Review In The Contemporary World, Paul G. Kauper
Michigan Law Review
A Review of Judicial Review in the Contemporary World by Mauro Cappellitti