Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 80

Full-Text Articles in Law

An Interpretive History Of Modern Equal Protection, Michael Klarman Nov 1991

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, for ...


A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris Aug 1991

A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris

Michigan Law Review

This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that ...


Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille May 1991

Actual Malice: Twenty-Five Years After Times V. Sullivan, David G. Wille

Michigan Law Review

A Review of Actual Malice: Twenty-Five Years After Times v. Sullivan. by W. Wat Hopkins


Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman May 1991

Judicial Power And Reform Politics: The Anatomy Of Lochner V. New York, Charles A. Beineman

Michigan Law Review

A Review of Judicial Power and Reform Politics: The Anatomy of Lochner v. New York. By Paul Kens


Abe Fortas: A Biography, Michael F. Colosi May 1991

Abe Fortas: A Biography, Michael F. Colosi

Michigan Law Review

A Review of Abe Fortas: A Biography by Laura Kalman


Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely Jan 1991

Evaluating The Fourth Amendment Exclusionary Rule: The Problem Of Police Compliance With The Law, William C. Heffernan, Richard W. Lovely

University of Michigan Journal of Law Reform

Part I of this article reviews background matters bearing on our research - in particular, we discuss the Court's framework for analyzing exclusion as a deterrent safeguard, the research questions that need to be raised within that framework, and the research strategy we adopted in light of the Court's approach to exclusion. Part II analyzes our findings on police knowledge of the rules of search and seizure. Part III analyzes our findings on officers' willingness to obey the law. Part IV evaluates our findings in light of policy questions concerning the exclusionary rule. We consider whether the Court should ...


"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers Jan 1991

"I Vote This Way Because I'M Wrong": The Supreme Court Justice As Epimenides, John M. Rogers

Kentucky Law Journal

No abstract provided.


Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis Jan 1991

Judicially-Suggested Harassment Of Indian Tribes: The Potawatomis Revisit Moe And Colville, Michael Minnis

American Indian Law Review

No abstract provided.


Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr. Jan 1991

Halluctinations Of Neutrality In The Oregon Peyote Case, Harry F. Tepker Jr.

American Indian Law Review

No abstract provided.


Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman Jan 1991

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.


Affirmative Action, Douglas Scherer, John Dunne Jan 1991

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.


Abortion Rights, Eileen Kaufman Jan 1991

Abortion Rights, Eileen Kaufman

Touro Law Review

No abstract provided.


A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks Jan 1991

A Comparison Of A Mentally Ill Individual's Right To Refuse Medication Under The United States And The New York State Constitutions, William M. Brooks

Touro Law Review

No abstract provided.


Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey Jan 1991

Gender Based Peremptory Challenges And The New York State Constitution, Frederick T. Kelsey

Touro Law Review

No abstract provided.


Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan Jan 1991

Interaction Between State And Federal Right To Counsel: The Overruling Of Bartolomeounsel: The Overruling Of Bartolomeo, Joseph D. Sullivan

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Confrontation Clause Jan 1991

Confrontation Clause

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Due Process Jan 1991

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.