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Full-Text Articles in Law

European Integration Through Fundamental Rights, Jochen Abr. Frowein Oct 1984

European Integration Through Fundamental Rights, Jochen Abr. Frowein

University of Michigan Journal of Law Reform

The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …


Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller Oct 1984

Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller

University of Michigan Journal of Law Reform

This Note argues that a few courts have adopted lawful restraints and administrative procedures that, if uniformly adopted, would significantly improve protection of judicial resources while preserving access to the civil courts for legitimate claims. Part I identifies career plaintiffs and the burdens imposed on courts by excessive and abusive litigation. Part I also examines the source and scope of the right of access to the judicial process. Part II analyzes judicial responses to abuse in terms of their constitutionality and effectiveness at curbing such tactics. Part III advocates administrative procedures that would promote earlier identification of pro se career …


Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby Jan 1984

Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby

University of Michigan Journal of Law Reform

Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …