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Articles 1 - 30 of 34
Full-Text Articles in Law
The Supreme Court's Misconstruction Of A Procedural Statute--A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
The Supreme Court's Misconstruction Of A Procedural Statute--A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn
Michigan Law Review
Before addressing the lessons to be derived from Badaracco, it is necessary to make good on the author's claim that it can be demonstrated to the satisfaction of a reasonably skeptical reader that the Court's decision was patently wrong and resulted from a poor technique of statutory construction. This is a heavy burden, especially since the decision was reached by an overwhelming majority of the Court and since two courts of appeals and at least one student law review note reached the same result. The reader must judge whether the author succeeds in satisfying it. This Article will first …
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White
Michigan Law Review
My aim in this essay is to explore the foundations of the tax benefit notion. My strategy is simple, but it is probably best to state it explicitly at the outset. I begin with a straightforward and uncontroversial example of the application of the "inclusionary aspect" of the tax benefit rule. Using it as a paradigm, I try to discern why the law deems it appropriate to increase a taxpayer's taxable income. Next I examine the account of the tax benefit rule given by the Supreme Court in Hillsboro to see if it is consistent with the paradigm. I conclude …
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum
Michigan Law Review
What is to be learned from this review of the various analyses offered in dissenting tax opinions over the past five terms of the Supreme Court? When the Court has decisively interpreted narrow or technical language in the statute, dissenters all too often indulge in lengthy analyses that can only serve to create further confusion. Only when the Court focuses on a judicially made rule or an issue with constitutional implications is a broader dissent appropriate. If dissenters generally adhered to the guidelines set forth at the outset of this Article the tax world would, I believe, be at least …
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Inconsistent Standards Of Review In Last Term's Establishment Clause Cases, Neal Devins
Popular Media
No abstract provided.
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
University of Michigan Journal of Law Reform
In this Article, I will address this second type of lawmaking. I want to explore the ways in which the Supreme Court, in its opinions, does and can guide the conduct of lower courts, legislatures, government agencies, government employees, and the public at large. Each of these groups, and others, is likely at times to have some direct need to know what the law is. And to the extent that part of our law is set forth in the opinions of the Supreme Court, this aspect of the craft of lawmaking should not be ignored. Although it is common in …
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Faculty Publications
No abstract provided.
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Bob Jones Case - Over To Congress, Neal Devins
The Bob Jones Case - Over To Congress, Neal Devins
Popular Media
No abstract provided.
Eleventh Circuit Conference, Lewis F. Powell, Jr.
Eleventh Circuit Conference, Lewis F. Powell, Jr.
Powell Speeches
No abstract provided.
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Michigan Law Review
Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
Michigan Law Review
Part I of this Article establishes that the government has a right to search for and seize evidence of crime. Part II develops the corollary proposition that the fourth amendment does not protect the right to secrete evidence of crime. Part III explores the impact of the reasonable expectation of privacy concept on the innocent. Part IV evaluates consent searches and their effect on the innocent. Finally, Part V considers the exclusionary rule as a device for protecting the innocent.
On Supreme Court Commentaries And Developing Constitutional Law, David M. O'Brien
On Supreme Court Commentaries And Developing Constitutional Law, David M. O'Brien
Michigan Law Review
A Review of The Supreme Court: Trends and Developments, Volume 3: 1980-1981 by Jesse Choper, Yale Kamisar, and Laurance Tribe
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
Michigan Law Review
A Review of The Public's Right to Know: The Supreme Court and the First Amendment by David M. O'Brien
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Michigan Law Review
A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Michigan Law Review
A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Michigan Law Review
A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky
The Death Penalty In America, Michigan Law Review
The Death Penalty In America, Michigan Law Review
Michigan Law Review
A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau
Equity And The Constitution, Michigan Law Review
Equity And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Equity and the Constitution by Gary L. McDowell
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Michigan Law Review
A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
William & Mary Law Review
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Error Correction, Lawmaking, And The Supreme Court’S Exercise Of Discretionary Review, Arthur D. Hellman
Articles
Controversies involving the United States Supreme Court generally center on the content of Court’s decisions, but in recent years, much attention has focused on the Court’s processes – in particular, two very different aspects of the Court’s modes of doing business. At one end of the spectrum, the number of cases receiving plenary consideration – full briefing, oral argument, and (almost invariably) a signed opinion – has shrunk to levels lower than any since the Civil War. At the other end, the Court has effectively resolved many high-profile disputes through unexplained orders granting or denying emergency relief in cases in …
Private Rights Of Action Under The Commodity Exchange Act - The Supreme Court Decides, 16 J. Marshall L. Rev. 307 (1983), Donna C. Leeker, James J. Moylan
Private Rights Of Action Under The Commodity Exchange Act - The Supreme Court Decides, 16 J. Marshall L. Rev. 307 (1983), Donna C. Leeker, James J. Moylan
UIC Law Review
No abstract provided.
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Articles
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss
Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss
Faculty Scholarship
Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.
Justice Brennan And The Bill Of Rights, David B. Brownhill
Justice Brennan And The Bill Of Rights, David B. Brownhill
Dissertations and Theses
The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann
Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
In this article, I attempt to do two things at once. First, I attempt to analyze the Supreme Court's jurisdiction to conduct "plain-error" review of state court decisions. The plain-error issue merits consideration not only because of its intrinsic interest and arguable complexity, but also because the question whether the Supreme Court is authorized to engage in plain-error review is an open one that I would like to help resolve. My second objective, however, is the more important of the two. In the context of analyzing plain-error review, what I really want to do is analyze legal analysis itself. There …