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Constitutional Law

University of Michigan Law School

Michigan Law Review

Power

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Articles 1 - 6 of 6

Full-Text Articles in Law

Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter Jun 2011

Ely At The Altar: Political Process Theory Through The Lens Of The Marriage Debate, Jane S. Schacter

Michigan Law Review

Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is best known for the idea that courts may legitimately reject the decisions of a majority when the democratic process that produced the decision was unfair to a disadvantaged social group. This Article analyzes political process theory through the lens of the contemporary debate over same-sex marriage. Its analysis is grounded in state supreme court decisions on the constitutionality of barring same-sex marriage, as well as the high-profile, …


The Foundations Of Liberty, Lawrence B. Solum May 1999

The Foundations Of Liberty, Lawrence B. Solum

Michigan Law Review

Randy Barnett's The Structure of Liberty is an ambitious book. The task that Barnett sets himself is to offer an original and persuasive argument for a libertarian political theory, a theory that challenges the legitimacy of the central institutions of the modern regulatory-welfare state. The Structure of Liberty is that rare creature, a book that delivers on most of the promises it makes. Already the book is on its way to becoming a contemporary classic, the successor in interest to Robert Nozick's Anarchy, State and Utopia as a source of ideas and arguments for the revitalization of an important intellectual …


Response: The Problems With Privacy's Problem, Louis Michael Seidman Mar 1995

Response: The Problems With Privacy's Problem, Louis Michael Seidman

Michigan Law Review

A Response to William J. Stuntz's "Privacy's Problem and the Law of Criminal Procedure"


Reply, William J. Stuntz Mar 1995

Reply, William J. Stuntz

Michigan Law Review

A Reply to Louis Michael Seidman's Response


Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz Mar 1995

Privacy's Problem And The Law Of Criminal Procedure, William J. Stuntz

Michigan Law Review

Part I of this article addresses the connection between privacy-based limits on police authority and substantive limits on government power as a general matter. Part II briefly addresses the effects of that connection on Fourth and Fifth Amendment law, both past and present. Part ID suggests that privacy protection has a deeper problem: it tends to obscure more serious harms that attend police misconduct, harms that flow not from information disclosure but from the police use of force. The upshot is that criminal procedure would be better off with less attention to privacy, at least as privacy is defined in …


Book Reviews, Henry M. Bates Jan 1919

Book Reviews, Henry M. Bates

Michigan Law Review

This little book makes no pretense of exhaustive, scholarly treatment. It is without notes, citation of cases or authorities, or index; nevertheless it is a work which could be read with interest and benefit by every thoughtful citizen. The purpose of the author is to show the enormous expansion of federal power and actual control, a development, as Mr. West says, which was inevitable if "We the People of the United States" were to become a nation or long endure even as a union of states. But the conditions and circumstances which have produced this extraordinary accretion of power to …