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Full-Text Articles in Law
The Meaning Of "Under Color Of" Law, Steven L. Winter
The Meaning Of "Under Color Of" Law, Steven L. Winter
Michigan Law Review
The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
Trading Winds In Puerto Rico: The Dawn Of Self-Determination Shines On A Legal System, Antonio Fernós
William & Mary Bill of Rights Journal
No abstract provided.
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
The Commodification Of "Nature's Metropolis": The Historical Context Of Illinois' Unique Zoning Standards, Fred P. Bosselman
Northern Illinois University Law Review
Professor Bosselman takes an historical look at the early development of zoning in Chicago and concludes that the nineteenth century view of land as simply another form of capital that could be rendered standardized and fungible through commodification led to the adoption of the LaSalle factors. The author notes the influence of the human ecology theory of urban growth on the development of the LaSalle Bank standards and calls both for a reexamination of the theoretical foundations for the standards and for recognition that a theory based upon nineteenth century life may not accommodate the ecological realities of modern life.
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
Zero-Sum Madison, Thomas W. Merrill
Zero-Sum Madison, Thomas W. Merrill
Michigan Law Review
A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian
Michigan Law Review
A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
Michigan Law Review
A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole
Michigan Law Review
A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde
Michigan Law Review
A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Michigan Law Review
A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Robert W. Kastenmeier: Copyright Legislator Par Excellence, Michael J. Remington
Law and Contemporary Problems
The legacy of Robert W. Kastenmeier, former Chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Administration of Justice, is discussed. Kastenmeier deserves praise for his leadership on patent and copyright laws.
Grading The Performance Of A Legislator, Leo J. Raskind
Grading The Performance Of A Legislator, Leo J. Raskind
Law and Contemporary Problems
The case is made that Rep Robert Kastenmeier should be honored as a distinguished public servant. His record reflects both a concern for the public interest and a sensitivity to the needs of special interest groups.
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Congressman Robert Kastenmeier And Professor John Stedman: A Thirty-Five Year Relationship, John A. Kidwell
Law and Contemporary Problems
The professional relationship between Congressman Robert Kastenmeier and law professor John Stedman is discussed. John Stedman was a positive influence on Kastenmeier's thinking on patent and copyright issues.
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Balancing Commerce, History, And Geography: Defining The Navigable Waters Of The United States, John F. Baughman
Michigan Law Review
This Note develops a simple set of principles useful for defining navigable waters in a contemporary context. Part I considers why federal admiralty jurisdiction exists, and traces the evolution of the phrase navigable waters as a term of art. Part II analyzes the conflicting contemporary definitions of navigable waters. Part III resolves the conflict by proposing guidelines that address the major concerns of all competing definitions. The system advocated is consistent with the goals of admiralty, constitutionally sound, easy to apply, and focuses attention on the nexus test to resolve the issue of whether particular cases "belong" in admiralty.
Harmelin V. Michigan: Effective Application Of Anti-Drug Legislation Or Cruel And Unusual Punishment?, Louise S. Mcalpin
Harmelin V. Michigan: Effective Application Of Anti-Drug Legislation Or Cruel And Unusual Punishment?, Louise S. Mcalpin
Nova Law Review
The traditional American concept of criminal sentencing is that
prisons exist for rehabilitation and release as much as for incarceration.
1 However, in recent years Congress and state legislatures have
enacted a series of stringent anti-drug laws, which have largely abandoned
the concept of rehabilitating prisoners2 and instead, focused on
keeping inmates locked up for longer periods of time.'
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
The Sleeper Wakes: The History And Legacy Of The Twenty-Seventh Amendment
Fordham Law Review
No provision of the United States Constitution has a more drawn-out, tortured history than the Twenty-seventh Amendment, which was ratified more than two centuries after Representative James Madison introduced it in the First Congress. In this Article; Professor Bernstein traces the Amendment's origins to the legislative political culture of the late eighteenth century, as influenced by the controversy over ratifying the Constitution. He then examines the perennial controversies over congressional compensation in American historiy elucidating how in the 1980s and 1990s public anger at Congress reached critical mass sufficient to propel the 1789 compensation amendment into the Constitution. Finally, this …
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Michigan Journal of International Law
The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.