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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 Oct 1988

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 Jun 1988

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 May 1988

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


Why We Lost The Era, Judith L. Hudson May 1988

Why We Lost The Era, Judith L. Hudson

Michigan Law Review

A Review of Why We Lost the ERA


Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks May 1988

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


Constitutional Policymaking In The Burger Years, Joel B. Grossman May 1988

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


The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan May 1988

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


Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover May 1988

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


The Believer And The Powers That Are, Elizabeth Ferguson May 1988

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 May 1988

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


Capital Punishment And The American Agenda, John Pierce Stimson May 1988

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


A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar Feb 1988

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 …