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Articles 1 - 17 of 17
Full-Text Articles in Law
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
The Locus Of Sovereignty: Judicial Review, Legislative Supremacy, And Federalism In The Constitutional Traditions Of Canada And The United States, Calvin R. Massey
Duke Law Journal
No abstract provided.
The First Word: The President's Place In "Legislative History", Kathryn Marie Dessayer
The First Word: The President's Place In "Legislative History", Kathryn Marie Dessayer
Michigan Law Review
This Note examines the extent to which courts interpreting statutes should consider presidential participation in the legislative process. Part I concludes that courts should afford presidential input greater weight in statutory interpretation given the constitutional foundations and the empirical reality of the President's involvement in the lawmaking process. This conclusion follows from an examination of the President's authority to propose legislation and his power to review legislation via the presentment clause. To demonstrate the advantages of using presidential documents, Part II considers a series of cases in which courts used executive documents in the statutory interpretation process. Although federal courts …
Pure Politics, Girardeau A. Spann
Pure Politics, Girardeau A. Spann
Michigan Law Review
Part I of this article considers the impact that judicial discretion has on the traditional model of judicial review, and that model's reliance on the Supreme Court as the primary guardian of minority interests. Part II argues that the interests of racial minorities can be better advanced through the ordinary political process than through the process of Supreme Court adjudication. Part Ill emphasizes that minority participation in Supreme Court proceedings cannot ultimately be avoided and, accordingly, suggests a political model of the Court that minorities can use in an effort to neutralize the Court's distortion of the political process. Part …
Political Consensus, Constitutional Formulae, And The Rationale For Judicial Review, Martin H. Redish
Political Consensus, Constitutional Formulae, And The Rationale For Judicial Review, Martin H. Redish
Michigan Law Review
A Review of Constitutional Cultures; The Mentality and Consequences of Judicial Review by Robert Nagel
Democracy And Its Critics, Cary Coglianese
Democracy And Its Critics, Cary Coglianese
Michigan Law Review
A Review of Democracy and Its Critics by Robert A. Dahl
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Original Intent: "With Friends Like These…", Thomas Gibbs Gee
Michigan Law Review
A Review of Original Intent and the Framer's Constitution by Leonard W. Levy
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
Judicial Review, Copyrightability And The Register's Discretion: A New Direction, James A. Booth, E. J. Yera
University of Miami Entertainment & Sports Law Review
No abstract provided.
Untying The Gordian Knot: An Orderly Approach To Federal Jurisdiction Issues In A Basic Course In United States Constitutional Law, Thomas C. Marks Jr.
Untying The Gordian Knot: An Orderly Approach To Federal Jurisdiction Issues In A Basic Course In United States Constitutional Law, Thomas C. Marks Jr.
Campbell Law Review
No abstract provided.
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
A Prior Restraint By Any Other Name: The Judicial Response To Media Challenges Of Gag Orders Directed At Trial Participants, René L. Todd
Michigan Law Review
Gag orders directed at trial participants do not directly intrude into the media's editorial process, but instead result in a reduction of the total communication available regarding trial proceedings. In this way, participant-directed gag orders are effective, albeit indirect, restraints upon the media. This Note examines the dynamics of these participant-directed restrictions and their consequent effect upon the media. Part I examines participant-directed gag orders in relation to traditional prior restraint doctrine. After discussing the history of prior restraint doctrine and the present standard of prior restraint analysis, Part I relates efforts by courts to apply. prior restraint doctrine to …
Judicial Review And Judicial Activism In Japan, Hiroshi Itoh
Judicial Review And Judicial Activism In Japan, Hiroshi Itoh
Law and Contemporary Problems
No abstract provided.
Comment, John O. Haley
Adjudication And The Governing Process: Political Questions And Legislative Discretion, Taisuke Kamata
Adjudication And The Governing Process: Political Questions And Legislative Discretion, Taisuke Kamata
Law and Contemporary Problems
No abstract provided.
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Political Pressure And Judging In Constitutional Cases, Robert F. Nagel
Publications
No abstract provided.
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Kentucky Law Journal
No abstract provided.
Meeting The Enemy, Robert F. Nagel
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
Michigan Journal of International Law
This article will address how it has been possible that the same Court, interpreting the same Constitution and facing the same problems, has come to such contradictory conclusions, and will assess the impact of such conclusions on the institutional relationship between the EC and Italy.
The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet
The Birth And Development Of Abstract Review: Constitutional Courts And Policy-Making In Western Europe, Alec Stone Sweet
Alec Stone Sweet
No abstract provided.