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Full-Text Articles in Law

The Warren Court And The Political Process, William M. Beaney Dec 1968

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …


Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota Jun 1968

Pollitical Questions And Judicial Review: A Comparison, Kisaburo Yokota

Washington Law Review

Although the power of judicial review is granted in unmistakable terms, Japanese courts have proceeded with great caution and discretion in their exercise of the power. One aspect of the Japanese courts' caution is illustrated by its use of the political question doctrine. Under this doctrine the judicial branch recognizes the validity of determinations of the political branches and does not review them to see whether they conform to the Constitution. The rationale is that the Constitution itself places some questions solely under the competence of the political branches of the government.


Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey Mar 1968

Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey

Michigan Law Review

In the American political circus there is apt to be going on at any given time a number of sideshows pretty much unrelated to the action under the Big Top. Essentially harmless and perhaps even functional for the system, they include the activities of the anti-vivisectionists, campaigns to impeach the Chief Justice, and the fratricidal spasms of various Marxist-oriented splinter movements. Among these sideshows, however, one has been distinguished by its perennial character and by the attention given to it by otherwise sober and restrained persons. I refer to the attempt through state legislative petitions to get Congress to call …


Cary: Politics And The Regulatory Agencies, Donald C. Cook Feb 1968

Cary: Politics And The Regulatory Agencies, Donald C. Cook

Michigan Law Review

A Review of Politics and the Regulatory Agencies by William L. Cary


Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill Jan 1968

Selective Conscientious Objection: Divine Will And Legislative Grace, Hugh Macgill

Faculty Articles and Papers

No abstract provided.


Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal Jan 1968

Some Doubts Concerning The Proposal To Elect The President By Direct Popular Vote, Albert J. Rosenthal

Villanova Law Review

No abstract provided.