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Full-Text Articles in Law
A Case For The Electoral College And For Its Faithless Elector, Stephen M. Sheppard
A Case For The Electoral College And For Its Faithless Elector, Stephen M. Sheppard
Faculty Articles
Every four years, the cry goes up to destroy the Electoral College. That cry is especially loud in years when a candidate is elected president who receives a minority of the votes. The election of a "minority president" happened with the election of 2000, but it had happened before. The Electoral College has elected three presidents whom a majority of the voters voted against: Rutherford B. Hayes in 1876, Benjamin Harrison in 1888, and George W. Bush in 2000. (A fourth president was also elected with a minority of the popular vote—John Quincy Adams in 1824—through that election was by …
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp
Faculty Articles
No abstract provided.
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Habeas Corpus--Custody And Release From Custody Requirements Of Habeas Corpus--Viability Of Mcnally V. Hill In The Moden Context, Michigan Law Review
Michigan Law Review
Section 2241 of Title 28 of the United States Code requires that a petitioner for a writ of habeas corpus be "in custody." As a corollary of the "custody" requirement, the common law tradition required that the effect of the writ must be the petitioner's "release from custody.'' Because the United States Constitution and the federal habeas corpus statutes guarantee the availability of the writ in general terms, it is to the common law that the courts have consistently turned for the definition of these terms and for the restrictive effect of these requirements on the availability of the writ …
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
The All Writs Statute And The Injunctive Power Of A Single Appellate Judge, Michigan Law Review
Michigan Law Review
Although section 1651 was enacted in its present form in 1948, the statutory language of subsection (a) can be traced back to the original Judiciary Act of 1789, in contrast to the terminology in subsection (b), the origins of which are obscure. It is clear, however, that both the alternative writ and the rule nisi are granted on motions ex parte and are in the nature of show-cause orders. These writs were at one time used in place of the modern summons or process and also served as a means of framing the issues to be contested before a court …