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Full-Text Articles in Law

Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis Nov 1987

Safeguarding The Litigant's Constitutional Right To A Fair And Impartial Forum: A Due Process Approach To Improprieties Arising From Judicial Campaign Contributions From Lawyers, Mark Andrew Grannis

Michigan Law Review

This Note will argue that the improprieties arising from some campaign contributions are so egregious that they offend the due process clause of the fourteenth amendment. Consequently, states must either reform judicial campaigns to eliminate such improprieties, or, through mandatory judicial recusal or disqualification, respect the absolute constitutional right to an impartial forum. Part I of this Note will examine the history of disqualification at common law and in American practice, focusing on the extent to which it has been held to be a requirement of due process. Part II will argue that under the applicable due process standards, a …


Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg Oct 1987

Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg

Michigan Law Review

Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …


Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter Jun 1987

Restricting Adult Access To Material Obscene As To Juveniles, Ann H. Coulter

Michigan Law Review

This Note considers whether state regulations that restrict juvenile access to material that is obscene as to minors unconstitutionally encroach upon the first amendment rights of adults. Part I briefly describes the Court's opinion in Ginsberg. Part II introduces the "O'Brien analysis" and discusses the aspects of juvenile access restrictions that tend to make O'Brien scrutiny applicable. In this context the frequently relaxed judicial review of governmental restrictions on sexually related material will be discussed. Having concluded that the O'Brien analysis is applicable to access restrictions, Part III applies the test and ultimately concludes that juvenile access restrictions survive …


The Ultimate Violation, Todd Maybrown May 1987

The Ultimate Violation, Todd Maybrown

Michigan Law Review

A Review of The Ultimate Violation by Judith Rowland


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson May 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Michigan Law Review

This article is an attempt to collect some of the books, fiction as well as nonfiction, that deal with the true sources of the law of the American West. My effort is only to identify readily available works, not the myriad government documents, diaries, doctoral theses, and out-of-print books that afford invaluable depth on individual topics. Nor is there any pretension to complete coverage. Inevitably, there will be omissions when the sweep is as broad as this article's. But I will omit none of my personal favorites, those many books that have enriched my life and allowed me one of …


The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur May 1987

The Wrong Side Of The Tracks: A Revolutionary Rediscovery Of The Common Law Tradition Of Fairness In The Struggle Against Inequality, Gregory A. Kalscheur

Michigan Law Review

A Review of The Wrong Side of the Tracks: A Revolutionary Rediscovery of the Common Law Tradition of Fairness in the Struggle Against Inequality by Charles M. Haar and Daniel W. Fessler