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Full-Text Articles in Law

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer Jun 1981

Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer

Michigan Law Review

This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …


Griffin V. California: Still Viable After All These Years, Craig M. Bradley May 1981

Griffin V. California: Still Viable After All These Years, Craig M. Bradley

Michigan Law Review

In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …


Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler Mar 1981

Constitutional Law Casebooks: A View From The Podium, Robert A. Sedler

Michigan Law Review

A Review of Constitutional Law: Cases and Materials by Edward L. Barrett, and Constitutional Law: Principles and Policy by Jerome A. Barron and C. Thomas Dienes, and The Process of Constitutional Decisionmaking by Paul Brest, and Constitutional Law--Cases ad Other Problems by Paul A. Freund, Arthur F. Sutherland, Mark DeWolf Howe and Ernest J. Brown, and Constitutional Law: Cases and Materials by Gerald Gunther, and Constitutional Law: Case and Materials b Paul Kauper and Francis Beytagh, and Constitutional Law: Cases--Comments--Questions by William B. Lockhart, Yale Kamisar, and Jesse H. Choper.


Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan Mar 1981

Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan

Michigan Law Review

A Review of Judicial Review And The National Political Process: A Functional Reconsideration of the Role of the Supreme Court by Jesse H. Choper