Law Commons^™

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis

William & Mary Bill of Rights Journal

In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War.

In this Article, Professor Curtis explores the First Amendment's guarantee …

The Law Of War In Historical Perspective, Leslie C. Green

International Law Studies

No abstract provided.

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.

Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder

Duke Environmental Law & Policy Forum

No abstract provided.

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Duke Environmental Law & Policy Forum

No abstract provided.

Some Thoughts On Ideas That Gave Rise To International Humanitarian Law, Geza Herczegh

International Law Studies

No abstract provided.

Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf

International Law Studies

No abstract provided.

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Independent Judges And Independent Justice, Suzanna Sherry

Law and Contemporary Problems

Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Federal Communications Law Journal At Sixty, Adrian Cronauer

Federal Communications Law Journal

No abstract provided.

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …

In Memoriam: Donald Stuart Russell, John C. Moylan Iii

South Carolina Law Review

No abstract provided.

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

William & Mary Law Review

No abstract provided.

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.

Petigru College, William Shepard Mcaninch

South Carolina Law Review

No abstract provided.

Digital Television History: "Take One", Herbert A. Terry

Federal Communications Law Journal

Book Review: Defining Vision: The Battle for the Future of Television, By Joel Brinkley.

Criminality In The Law Of War, Howard Levie

International Law Studies

First published in 1 International Criminal Law 233 (M. CherifBassiouni ed.) 1986)

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …

Green Forms And Legal Aid Offices: A History Of Publicly Funded Legal Services In Britain And The United States, Joan Mahoney

Saint Louis University Public Law Review

No abstract provided.

Necessary Legends: The National Equal Justice Library And The Importance Of Poverty Lawyers’ History, Marie A. Failinger

Saint Louis University Public Law Review

No abstract provided.

Compliance Programs: An Alternative To Punitive Damages For Corporate Defendants, Charles M. Foster Jr., Stephen L. Poe, Michael K. Braswell

South Carolina Law Review

No abstract provided.

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

If It Didn't Exist, It Would Have To Be Invented - Reviving The Administrative Conference, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Ua Mau Ke Ea O Ka Aina I Ka Pono:Voting Rights And The Native Hawaiian Sovereignty Plebiscite, Troy M. Yoshino

Michigan Journal of Race and Law

Using the Native Hawaiian Sovereignty Plebiscite to investigate the complex interplay between race, nationalism, and the special purpose district exception, this Note chronicles the development of relevant legal doctrines and the history of the Native Hawaiians' quest for self-government in an attempt to untangle those issues. In doing so, this Note concludes that the Native Hawaiian Sovereignty Plebiscite was an unconstitutional method of securing sovereign rights for Native Hawaiians, but that a Native Hawaiian claim to at least some form of self-government is justified. As a result, this Note searches for a method that will guarantee self-government as well as …