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Full-Text Articles in Law
The People Against The Constitution, Aziz Z. Huq
The People Against The Constitution, Aziz Z. Huq
Michigan Law Review
A review of Jan-Werner Müller, What Is Populism?.
Plausible Absurdities And Practical Formalities: The Recess Appointments Clause In Theory And Practice, David Frisof
Plausible Absurdities And Practical Formalities: The Recess Appointments Clause In Theory And Practice, David Frisof
Michigan Law Review
The recent controversy surrounding President Obama’s recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau while the Senate was holding pro forma sessions illustrates the need to reach a new understanding of the Recess Appointments Clause of the Constitution. For the Recess Appointments Clause to be functional, it must fulfill two essential constitutional purposes: it must act as a fulcrum in the separation of powers, and it must ensure the continued exercise of the executive power. Achieving this functionality depends not only on the formal constructions of the Clause but also on the ways in …
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Ultra-Wrong About The "Ultra-Right", Terry Eastland
Michigan Law Review
A Review of Packing the Courts: The Conservative Campaign to Rewrite the Constitution 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 …
Empty History, Erwin Chermerinsky
Empty History, Erwin Chermerinsky
Michigan Law Review
A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.
Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed.
Jackson: The Supreme Court In The American System Of Government, Howard M. Downs S.Ed.
Michigan Law Review
A Review of The Supreme Court in the American System of Government. By Robert H. Jackson
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Michigan Law Review
The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …