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Articles 31 - 60 of 92
Full-Text Articles in Law
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Law, Legalism, And Community Before The American Revolution, Bruce H. Mann
Michigan Law Review
The connections between law and community are difficult to identify, let alone explain. It may be best to begin by seeing how law and the ways people used it changed, and then attempt to relate those changes to the surrounding economy and society. One must, of course, be wary of finding what one looks for. Nonetheless, as with objects against a dark background, it is sometimes easier to see things when they move than when they remain still. To illustrate the interactive nature of legal change and community, I will draw on examples from Connecticut before the Revolution - not …
Theories Of Loss Of Citizenship, T. Alexander Aleinikoff
Theories Of Loss Of Citizenship, T. Alexander Aleinikoff
Michigan Law Review
The underlying issue that I address in this essay is whether the Constitution ought to be read to prohibit denationalization of U.S. citizens. (I will use the term "denationalization" to refer to the government's act of terminating citizenship. "Expatriation" will be used to refer to an individual's voluntary relinquishment of citizenship.) In examining this question, I will explore citizenship from four different perspectives - rights, consent, contract, and community - in search of a theoretical framework for the Supreme Court's doctrine in the denationalization cases.
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Community, Citizenship, And The Search For National Identity, Frederick Schauer
Michigan Law Review
As a test of this proposition, I want to explore the issue of alienage restrictions. Under what circumstances is it justifiable to draw lines based on whether a person is a citizen? Lines drawn on the basis of citizenship are a useful test of how seriously we take the idea of the nation as a relevant community and, more tangentially, of how seriously we take the idea of community itself. To the extent that we are skeptical of such lines, our concerns are to that extent individual-oriented, primarily focused on the adverse consequences of excluding some people from benefits or …
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
From False Paternalism To False Equality: Judicial Assaults On Feminist Community, Illinois 1869-1895, Frances Olsen
Michigan Law Review
This essay will examine the "equal treatment" versus "special treatment" for women issue as it arose in Illinois in the late nineteenth century. In 1869 the Illinois Supreme Court barred Myra Bradwell from the practice of law on the basis that she was a married woman, and in 1870 it reaffirmed its exclusion of women in In re Bradwell, the state decision the United States Supreme Court upheld in Bradwell v. Illinois. This denial of equal treatment to women, especially the concurring opinion by United States Supreme Court Justice Bradley, appears to many to represent paternalism at its …
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Divestiture As A Remedy In Private Actions Brought Under Section 16 Of The Clayton Act, Paul V. Timmins
Michigan Law Review
This Note argues that private parties should be permitted to bring suits for divestiture under section 16 of the Clayton Act. Part I analyzes the language of section 16 and the relevant legislative history of the Clayton Act and concludes that Congress did not intend to limit the injunctive relief available to private parties. Part II argues that courts should be free to exercise their broad equity powers to grant the most appropriate and effective relief, including divestiture, to an injured plaintiff. Finally, Part III contends that policy considerations disfavor omitting divestiture from the types of equitable remedies that a …
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Expert Services And The Indigent Criminal Defendant: The Constitutional Madate Of Ake V. Oklahoma, John M. West
Michigan Law Review
This Note attempts to define the boundaries of the indigent criminal defendant's constitutional right to expert assistance, in the light of Ake v. Oklahoma. Part I briefly reviews the Ake decision and examines its constitutional background. Part II inquires into Ake's implications for experts other than psychiatrists and in contexts other than the insanity defense, arguing that the principles that guided the Ake decision have validity well beyond the facts of that case. Part III asks whether the Ake doctrine should be limited to capital cases. Rejecting such a limitation, it concludes that the right to expert assistance …
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Intentional Infliction Of Emotional Distress By Spiritual Counselors: Can Outrageous Conduct Be "Free Exercise"?, Lee W. Brooks
Michigan Law Review
Part I explains the extent to which courts are competent to decide the threshold question of whether particular conduct is religious. Part II describes the balancing test put forward by the Supreme Court for evaluating free exercise claims, and derives criteria relevant to spiritual counseling from cases involving such claims. Part III summarizes the pertinent criteria and reviews the ways they may be employed to systematize the treatment of spiritual counseling cases.
Kitsch And Community, Kathryn Abrams
Kitsch And Community, Kathryn Abrams
Michigan Law Review
A Review of Habits of the Heart by Robert Bellah, Richard Madsden, William Sullivan, Ann Swidler and Steven Tipton, and Strong Democracy by Benjamin Barber, Exodus and Revolution by Michael Walzer
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Beyond Busing: Inside The Challenge To Urban Segregation, Lawrence T. Gresser
Michigan Law Review
A Review of Beyond Busing: Inside the Challenge to Urban Segregation by Paul R. Dimond
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Selling The Idea To Tell The Truth: The Professional Interrogator And Modern Confessions Law, Joseph D. Grano
Michigan Law Review
A Review of Criminal Interrogation and Confessions (3d edition) by Fred E. Inbau, John E. Reid, and Joseph P. Buckley
In The Jungle Of Cities, Anthony Chase
In The Jungle Of Cities, Anthony Chase
Michigan Law Review
A Review of American Violence and Public Policy: An Update of the National Commission on the Causes and Prevention of Violence by Lynn A. Curtis and The Miami Riot of 1980: Crossing the Bounds by Bruce Porter and Marvin Dunn
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Dangerous Offenders: The Elusive Target Of Justice, Elizabeth T. Lear
Michigan Law Review
A Review of Dangerous Offenders: The Elusive Target of Justice by Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver
Poisoning For Profit: The Mafia And Toxic Waste In America, Geoffrey Garver
Michigan Law Review
A Review of Poisoning for Profit: The Mafia and Toxic Waste in America by Alan A. Block and Frank R. Scarpitti
Religion And The Burger Court, Rex E. Lee
Religion And The Burger Court, Rex E. Lee
Michigan Law Review
A Review of Religion, State and the Burger Court by Leo Pfeffer
Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak
Attacking The Judicial Protection Of Minority Rights: The History Ploy, John E. Nowak
Michigan Law Review
A Review of Disabling America: The "Rights Industry" in Our Time by Richard E. Morgan
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Justices And Presidents: A Political History Of Appointments To The Supreme Court (2d Edition), James S. Portnoy
Michigan Law Review
A Review of Justices and Presidents: A Political History of Appointments to the Supreme Court (2d edition) by Henry J. Abraham
Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson
Cloning And The Constitution: An Inquiry Into Governmental Policymaking And Genetic Experimentation, Barry J. Swanson
Michigan Law Review
A Review of Cloning And the Constitution: An Inquiry Into Governmental Policymaking and Genetic Experimentation by Ira H. Carmen
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Innovations In Policing: A Review Of The New Blue Line, Norval Morris
Michigan Law Review
A Review of The New Blue Line: Police Innovation in Six American Cities by Jerome H. Skolnick and David H. Bayley
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
A Capacity To Punish: The Ecology Of Crime And Punishment, Samuel M. Hill
Michigan Law Review
A Review of A Capacity to Punish: The Ecology of Crime and Punishment by Henry N. Pontell
The Lindbergh Kidnapping Revisited, John F. Keenan
The Lindbergh Kidnapping Revisited, John F. Keenan
Michigan Law Review
A Review of The Airman and the Carpenter: The Lindbergh Kidnapping and the Framing of Richard Hauptmann by Ludovic Kennedy
When Justice Fails, Stephan Landsman
When Justice Fails, Stephan Landsman
Michigan Law Review
A Review of The Haymarket Tragedy by Paul Avrich
William Hastie: Grace Under Pressure, Mark S. Cohen
William Hastie: Grace Under Pressure, Mark S. Cohen
Michigan Law Review
A Review of William Hastie: Grace Under Pressure by Gilbert Ware
The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank
The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank
Michigan Law Review
A Review of The Iconoclast as Reformer: Jerome Frank's Impact on American Law by Robert Jerome Glennon
A "Capacity For Outrage": The Judicial Odyssey Of J. Skelly Wright And On Courts And Democracy: Selected Nonjudicial Writings Of J. Skelly Wright, Alan M. Koschik
A "Capacity For Outrage": The Judicial Odyssey Of J. Skelly Wright And On Courts And Democracy: Selected Nonjudicial Writings Of J. Skelly Wright, Alan M. Koschik
Michigan Law Review
A Review of A "Capacity for Outrage": The Judicial Odyssey of J. Skelly Wright by Arthur Selwyn Miller and A Review of On Courts and Democracy: Selected Nonjudicial Writings of J. Skelly Wright edited by Arthur Selwyn Miller
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Lying Down Together: Law, Metaphor, And Theology, Jon M. Lipshultz
Michigan Law Review
A Review of Lying Down Together: Law, Metaphor, and Theology by Milner S. Ball
The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn
The New American Dilemma: Liberal Democracy And School Desegregation, Mary Jo Newborn
Michigan Law Review
A Review of The New American Dilemma: Liberal Democracy and School Desegregation by Jennifer L. Hochschild
Unequal Access: Women Lawyers In A Changing America, Miriam I. Pickus
Unequal Access: Women Lawyers In A Changing America, Miriam I. Pickus
Michigan Law Review
A Review of Unequal Access: Women Lawyers in a Changing America by Ronald Chester
Challenges And Choices Facing American Labor, George Feldman
Challenges And Choices Facing American Labor, George Feldman
Michigan Law Review
A Review of Challenges and Choices Facing American Labor edited by Thomas A. Kochan
Preserving The Constitution: The Autobiography Of Senator Sam J. Ervin, Jr., Brent E. Johnson
Preserving The Constitution: The Autobiography Of Senator Sam J. Ervin, Jr., Brent E. Johnson
Michigan Law Review
A Review of Preserving the Constitution: The Autobiography of Senator Sam J. Ervin, Jr. by Sam J. Ervin, Jr.
Consider The Consequences, Martha Minow
Consider The Consequences, Martha Minow
Michigan Law Review
A Review of The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America by Lenore J. Weitzman