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Articles 1 - 12 of 12
Full-Text Articles in Law
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein
Michigan Law Review
Whatever role "internal consistency" may come to play in the Court's commerce clause jurisprudence, it has already emerged as a doctrine that warrants our attention. This article traces the development of the doctrine, explores its implications, and considers its defensibility as a limitation on state taxing power. The article suggests that the results the Court reaches under the "internal consistency" doctrine could be reached by rigorous application of a more familiar commerce clause principle - one to which the Court has been less than faithful.
Territoriality And The Perils Of Formalism, Mark P. Gergen
Territoriality And The Perils Of Formalism, Mark P. Gergen
Michigan Law Review
Recently in this journal Donald Regan published a pair of essays on CTS Corp. v. Dynamics Corp. of America. Much of the first essay elaborates his theory that what the Supreme Court should be doing and what it is doing under the dormant commerce clause is checking state laws adopted with a substantial protectionist purpose. The rest of the first essay and all of the second essay develop a different check on state lawmaking power in interstate affairs: a rule that states may not regulate conduct beyond their borders. He calls this the extraterritoriality principle. Elsewhere I have questioned …
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes
Michigan Law Review
A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Michigan Law Review
A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Michigan Law Review
A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney
Capital Punishment And The American Agenda, John Pierce Stimson
Capital Punishment And The American Agenda, John Pierce Stimson
Michigan Law Review
A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
Michigan Law Review
A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman
The Believer And The Powers That Are, Elizabeth Ferguson
The Believer And The Powers That Are, Elizabeth Ferguson
Michigan Law Review
A Review of The Believer and the Powers That Are by John T. Noonan, Jr.
The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot
The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot
Michigan Law Review
A Review of The Role of State Supreme Courts in the new Judicial Federalism by Susan P. Fino
Why We Lost The Era, Judith L. Hudson
Why We Lost The Era, Judith L. Hudson
Michigan Law Review
A Review of Why We Lost the ERA
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Constitutional Policymaking In The Burger Years, Joel B. Grossman
Michigan Law Review
A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar
Michigan Law Review
This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …