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Articles 1 - 30 of 38
Full-Text Articles in Law
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
Michigan Law Review
At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.
Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg
Beyond The Limits Of Executive Power: Presidential Control Of Agency Rulemaking Under Executive Order 12,291, Morton Rosenberg
Michigan Law Review
This Article addresses the substantial legal problems posed by Executive Order 12,291. Part I argues that the Order, taken as a whole or separated into its procedural and substantive components, violates the constitutional separation of powers. Drawing on the analytic framework outlined by Justice Jackson in the Steel Seizure case, Part I maintains that courts should demand clear congressional support for the Order's requirements. The available evidence, however, conclusively demonstrates Congress's intent to deny the President formalized, substantive control over administrative policymaking. As interpreted by the Supreme Court, moreover, the informal rulemaking provisions of the Administrative Procedure Act (AP A) …
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Civil Juries And Complex Cases: Let's Not Rush To Judgment, Richard O. Lempert
Michigan Law Review
When a fundamental constitutional right is at issue, it is admittedly difficult for the Court to treat the lower courts as laboratories. But if the constitutional right turns on empirical questions, it is better to wait for knowledge than to rush toward a judgment that may later be shown to have vitiated an important right across all circuits. If the Court feels compelled to resolve the conflict, the better decision - if empirical issues are seen as central - is to sustain the right to jury trial regardless of complexity. Sustaining that right will allow courts and researchers to collect …
Witness For The Defense: A Right To Immunity, Robin D. Mass
Witness For The Defense: A Right To Immunity, Robin D. Mass
Vanderbilt Law Review
This Note has outlined various constitutional arguments that the criminal defendant can invoke in support of an application for witness immunity.First, the Note relies on the Supreme Court's decision in United States v. Nixon for its argument that courts should use a flexible separation of powers approach in the context of witness immunity grants. While the Nixon Court accepted the notion that separation of powers protects the decision making authority of the individual branches of government from infringement by the other branches, it observed that the doctrine does not enforce an absolute executive privilege. Thus, the separation of powers doctrine …
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
Comparison Evidence In Obscenity Trials, Marguerite Munson Lentz
University of Michigan Journal of Law Reform
This Article critiques the approach endorsed in Hamling, particularly regarding the Court's failure to consider how the presentation of proof in an obscenity trial affects the defendant's constitutional rights. The Article urges that relevant comparison evidence should be admissible despite the risk of confusion or the opportunity to present expert testimony, and furthermore, that a court should be required to make explicit its findings regarding the relevancy of comparison evidence. Part I of the Article demonstrates the constitutional significance to the obscenity defendant of evidence, particularly comparison exhibits, bearing on prevailing community standards. Part II considers the assessment of …
Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross
Sterilization Of The Developmentally Disabled: Shedding Some Myth-Conceptions, Deborah Hardin Ross
Florida State University Law Review
No abstract provided.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
National Association For The Advancement Of Colored People V. Claiborne Hardware Company, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley
Rawls, Justice, And The Income Tax, Charles R.T. O'Kelley
Scholarly Works
To the extent the primacy of justice is acknowledged in tax policy debate, such acknowledgment is coupled with the assertion that, of course, questions of justice cannot be meaningfully debated. The discussants then attempt to resolve the issue in question by use of ad hoc arguments of fairness and efficiency. The major purpose of this article is to show that not only is justice the primary issue, but that questions of justice can be meaningfully addressed. First, I will examine some of the ad hoc arguments of fairness and efficiency which have been made by proponents of a consumption base …
Society's Choice And Legal Change, Alan Watson
Society's Choice And Legal Change, Alan Watson
Scholarly Works
This Article is one of a continuing series of writings by the author on both the connection between a society and the legal rules and institutions that operate within it and on the forces that control legal change. My aim is to express more clearly than I have previously the role of lawyers and the legal tradition in changing the law, and the implications of this role for social choice theory in the realm of law.
Dr. Hendrik Woldring Visits Campus, Mckendree R. Langley
Dr. Hendrik Woldring Visits Campus, Mckendree R. Langley
Pro Rege
No abstract provided.
Three Societal Models: A Theoretical And Historical Overview, Rockne Mccarthy
Three Societal Models: A Theoretical And Historical Overview, Rockne Mccarthy
Pro Rege
No abstract provided.
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
Crisis In Legal Services For The Poor, Roger C. Cramton
Crisis In Legal Services For The Poor, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Point, Counterpoint: The Evolution Of American Political Philosophy, William H. Rehnquist
Point, Counterpoint: The Evolution Of American Political Philosophy, William H. Rehnquist
Vanderbilt Law Review
I would suggest to you that during the more than two centuries that have elapsed since the American Revolution, American political philosophy has been notable principally for the contrapuntal themes that rise and fall as the nation matures. Numerous commentators have pointed out that certain ideals have long been widely shared by Americans: individual autonomy, liberty, equality, and a belief in limited, decentralized government.1 But no one would be so bold as to describe the present government of the United States as embodying those ideals. We have a strong national government that, with occasional lapses, impinges more and more on …
The Inauguration Of Criminology Annuals, David F. Greenberg
The Inauguration Of Criminology Annuals, David F. Greenberg
Michigan Law Review
A Review of Crime and Justice: An Annual Review of Research, vol. 1 edited by Norval Morris and Michael Tonry, and Criminology Review Yearbook, Vol. 2 edited by Egon Bittner and Sheldon L. Messinger
Organizing The Ethnography Of Negotiations, William L.F. Felstiner
Organizing The Ethnography Of Negotiations, William L.F. Felstiner
Michigan Law Review
A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver
Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review
Apartheid In America: A Historical And Legal Analysis Of Contemporary Racial Segregation In The United States, Michigan Law Review
Michigan Law Review
A Review of Apartheid in America: A Historical and Legal Analysis of Contemporary Racial Segregation in the United States by James A. Kushner
Where Two Worlds Meet: A Time For Reassessment In The Anthropology Of Law, Simon Roberts
Where Two Worlds Meet: A Time For Reassessment In The Anthropology Of Law, Simon Roberts
Michigan Law Review
A Review of Disputes and Negotiations: A Cross-Cultural Perspective by P.H. Gulliver, and The Disputing Process--Law In ten Societies edited by Laura Nader and Harry F. Todd Jr., and The Imposition of Law edited by Sandra B. Burman and Barbara E. Harrell-Bond
Public School Meltdown, Stephen Arons
Public School Meltdown, Stephen Arons
Michigan Law Review
A Review of Education by Choice: The Case for Family Control by John Coons and Stephen Sugarman
Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review
Street-Level Bureaucracy: Dilemmas Of The Individual In Public Services, Michigan Law Review
Michigan Law Review
A Review of Street-Level Bureaucracy: Dilemmas of the Individual in Public Services by Michael Lipsky
Lawyers And The Pursuit Of Legal Rights, Michigan Law Review
Lawyers And The Pursuit Of Legal Rights, Michigan Law Review
Michigan Law Review
A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
Two Theories Of Criminal Justice, Alsen D. Miller
Two Theories Of Criminal Justice, Alsen D. Miller
Michigan Law Review
A Review of A Theory of Criminal Justice by Jan Gorecki, and A Theory of Criminal Justice by Hyman Gross
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Social Research And The Use Of Medieval Criminal Records, Edward Powell
Michigan Law Review
A Review of Society and Homicide in Thirteenth-Century England by James Buchanan Given, and Crime and Conflict in English Communities, 1300-1348 by Barbara A. Hanawalt
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Vanderbilt Law Review
In the foregoing pages I have attempted to flesh out three different aspects of what has been broadly called "categorization."Implicit in this project is the premise that it is often quite revealing to search for important differences in the face of superficial similarity. Very often, however, when we search for differences we may discover additional points of similarity that are not at first apparent. This seems to be the case here, in that one recurrent feature is what one might inelegantly call "learnability." The concept of learnability is comprehensible only in the con-text of a separation of roles.' Thus, if …
The Interface Of Myth And Practice In Law, Frederick Schauer
The Interface Of Myth And Practice In Law, Frederick Schauer
Vanderbilt Law Review
This Article has analyzed and critiqued the myth of law as rules and contrasted it with a view of law as a process of responsible decision making. The operational code of this process requires that the lawyer recognize his role as decision maker and the necessary ramifications of personal choice and responsibility inherent in that role. Yet the individual who resists embracing the code, and who seeks instead the holy grail, may only be clamoring for fulfillment of the myth system. If his commitment to the significance of the myth does not impede his education as decision maker or his …
Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews
Suing As A First Resort (Reviewing Marks, The Suing Of America: Why And How We Take Each Other To Court And Lieberman, The Litigious Society), Lori B. Andrews
All Faculty Scholarship
No abstract provided.
Preconstitutional Rule, Richard Kay
A "Humanitarian" Approach To Individual Injury, Christina B. Whitman
A "Humanitarian" Approach To Individual Injury, Christina B. Whitman
Reviews
Individual injury law was once an important arena for the definition of shared values. It has increasingly become the domain of various species of systems analysts who measure legal results against external norms defined by such disciplines as economics. Although legal scholars continue to use the expectations and beliefs of ordinary men and women in fashioning rules for the redress of constitutional injuries, common-law scholars have become less willing to ground legal principles in moral consensus. There are notable exceptions. Among these is Professor Marshall Shapo, who, in two recent works, attempts to develop a legal analysis of injury that …
Language, Audience, And The Transformation Of Disputes, Lynn Mather, Barbara Yngvesson
Language, Audience, And The Transformation Of Disputes, Lynn Mather, Barbara Yngvesson
Journal Articles
This article develops an analytic framework for comparing dispute processing within a single institution and across different cultures, by focusing on the transformation of disputes. Case studies from diverse nonwestern and western settings are examined to show how disputes change as they are processed in response to the interests of various participants. Disputants, supporters, third parties, and relevant publics seek to rephrase and thus transform a dispute by imposing established categories for classifying events and relationships (narrowing), or by developing a framework which challenges established categories (expansion). Disputes may be expanded by adding new issues, by enlarging the arena of …