Law | Open Access Articles | Digital Commons Network™

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper Oct 1984

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Michigan Law Review

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

Go to article

Socialism And Federation, John N. Hazard May 1984

Socialism And Federation, John N. Hazard

Michigan Law Review

Federal structures are often established by national founders to manage intractable problems created over generations, if not centuries, by the migration of peoples. Military and economic pressures may stimulate union to assure survival, but ethnic, racial or religious tensions sometimes hamper draftsmen who sense the need for unity. Federation has often been the modem solution to the conflict between the need for unity and the desire for autonomy felt by groups fearing the loss of identity.

Go to article

The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein May 1984

The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein

Michigan Law Review

The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …

Go to article

Criminal Justice In Colonial America, 1606-1660, Michigan Law Review Feb 1984