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Articles 1441 - 1470 of 8879
Full-Text Articles in Law
Accountability: Comparing And Benchmarking Performance Of Wc Systems, H. Allan Hunt
Accountability: Comparing And Benchmarking Performance Of Wc Systems, H. Allan Hunt
Conference Papers
No abstract provided.
Hautian Houses Of Ill-Fame: A Midwestern City's Confrontation With Vice, 1910-1972, Laura E. C. Bergstrom
Hautian Houses Of Ill-Fame: A Midwestern City's Confrontation With Vice, 1910-1972, Laura E. C. Bergstrom
All-Inclusive List of Electronic Theses and Dissertations
The Second Great Awakening spurred the moral reform campaign dealing with prostitution in the United States. In the nineteenth century as public areas were being segregated specifically for prostitution anti-vice reformers engaged in a discourse over the allocation of what historian Mary P. Ryan calls "public space." Beginning with the Progressive Era and the onset of the white slave trade, reformers shifted their attention from the regulation to the abolition of prostitution. Social hygiene and sex education became a part of the reform dialogue. Most major cities of this time eradicated the officially sanctioned Red Light District. However, the mid-western …
Foreword: A Silk Purse?, John T. Noonan Jr.
Foreword: A Silk Purse?, John T. Noonan Jr.
Michigan Law Review
On March 2, 1801, President John Adams appointed forty-two persons to be justices of the peace in the District of Columbia. John Marshall, doubling as Secretary of State as well as Chief Justice, failed to deliver the commissions. Adams's term expired. James Madison, Marshall's successor as Secretary of State, withheld seventeen of the commissions. In 1802, William Marbury and three other appointees to this minor office brought mandamus against Madison in the Supreme Court. Madison was ordered to show cause why the writ should not issue. Congress abolished the June sitting of the Court. Only in 1803 was the case …
Mediated Popular Constitutionalism, Barry Friedman
Mediated Popular Constitutionalism, Barry Friedman
Michigan Law Review
There are divergent views in the legal academy concerning judicial review, but at their core these views share a common (and possibly flawed) premise. The premise is that the exercise of judicial review is countermajoritarian in nature. There is a regrettable lack of clarity in the relevant scholarship about what "countermajoritarian" actually means. At bottom it often seems to be a claim, and perhaps must be a claim, that when judges invalidate governmental decisions based upon constitutional requirements, they act contrary to the preferences of the citizenry. Some variation on this premise seems to drive most normative scholarship regarding judicial …
Legislating Chevron, Elizabeth Garrett
Legislating Chevron, Elizabeth Garrett
Michigan Law Review
One of the most significant administrative law cases, Chevron v. Natural Resources Defense Council, lnc., is routinely referred to as the "counter-Marbury." The reference suggests that Chevron's command to courts to defer to certain reasonable agency interpretations of statutes is superficially an uneasy fit with the declaration in Marbury v. Madison that "[i]t is emphatically the province and duty of the judicial department to say what the law is." According to the consensus view, Chevron deference is consistent with Marbury, as long as Congress has delegated to agencies the power to make policy by interpreting ambiguous statutory language or filling …
Comparative Constitutionalism In A New Key, Paul W. Kahn
Comparative Constitutionalism In A New Key, Paul W. Kahn
Michigan Law Review
Law is a symbolic system that structures the political imagination. The "rule of law" is a shorthand expression for a cultural practice that constructs a particular understanding of time and space, of subjects and groups, as well as of authority and legitimacy. It is a way of projecting, maintaining, and discovering meaning in the world of historical events and political possibilities. The rule of law - as opposed to the techniques of lawyering - is not the possession of lawyers. It is a characterization of the polity, which operates both descriptively and normatively in public perception. Ours, we believe, is …
The Irrepressible Myth Of Marbury, Michael Stokes Paulsen
The Irrepressible Myth Of Marbury, Michael Stokes Paulsen
Michigan Law Review
Nearly all of American constitutional law today rests on a myth. The myth, presented as standard history both in junior high civics texts and in advanced law school courses on constitutional law, runs something like this: A long, long time ago - 1803, if the storyteller is trying to be precise - in the famous case of Marbury v. Madison, the Supreme Court of the United States created the doctrine of "judicial review." Judicial review is the power of the Supreme Court to decide the meaning of the Constitution and to strike down laws that the Court finds unconstitutional. As …
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Alternative Forms Of Judicial Review, Mark Tushnet
Alternative Forms Of Judicial Review, Mark Tushnet
Michigan Law Review
The invention in the late twentieth century of what I call weak-form systems of judicial review provides us with the chance to see in a new light some traditional debates within U.S. constitutional law and theory, which are predicated on the fact that the United States has strong-form judicial review. Strong- and weak-form systems operate on the level of constitutional design, in the sense that their characteristics are specified in constitutional documents or in deep-rooted constitutional traditions. After sketching the differences between strong- and weak-form systems, I turn to design features that operate at the next lower level. Here legislatures …
A National Amber Alert Plan: Saving America's Children, Lisa Rodriguez
A National Amber Alert Plan: Saving America's Children, Lisa Rodriguez
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Building A Vision For Our Weir River Estuary: An Inventory Of Open Space And Public Access Around The Weir River Area Of Critical Environmental Concern And Summary Of The Weir River Estuary Visioning Workshop, Chantal Lefebvre
Urban Harbors Institute Publications
The Weir River Estuary Park Open Space and Public Access Inventory is a planning document designed to provide collective information on public open space and water access opportunities around the Weir River Area of Critical Environmental Concern (ACEC). It catalogs what is known about all undeveloped lands and accessways around the estuary and draws from existing reports and plans, interviews with government officials, and comments conveyed during a day-long public visioning workshop in May 2003. The inventory is intended as a support document to augment existing open space plans, master plans, and harbor management plans in Hingham, Hull, and Cohasset …
The Value Of A Statistical Life: A Critical Review Of Market Estimates Throughout The World, W. Kip Viscusi, Joseph E. Aldy
The Value Of A Statistical Life: A Critical Review Of Market Estimates Throughout The World, W. Kip Viscusi, Joseph E. Aldy
Vanderbilt Law School Faculty Publications
A substantial literature over the past thirty years has evaluated tradeoffs between money and fatality risks. These values in turn serve as estimates of the value of a statistical life. This article reviews more than 60 studies of mortality risk premiums from ten countries and approximately 40 studies that present estimates of injury risk premiums. This critical review examines a variety of econometric issues, the role of unionization in risk premiums, and the effects of age on the value of a statistical life. Our meta-analysis indicates an income elasticity of the value of a statistical life from about 0.5 to …
Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole
Judging The Next Emergency: Judicial Review And Individual Rights In Times Of Crisis, David Cole
Michigan Law Review
As virtually every law student who studies Marbury v. Madison learns, Chief Justice John Marshall's tactical genius was to establish judicial review in a case where the result could not be challenged. As a technical matter, Marbury lost, and the executive branch won. As furious as President Jefferson reportedly was with the decision, there was nothing he could do about it, for there was no mandate to defy. The Court's decision offered no remedy for Marbury himself, whose rights were directly at issue, and whose rights the Court found had indeed been violated. But over time, it became clear that …
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
Interim Measures In International Commercial Arbitration: Past, Present And Future, Sandeep Adhipathi
LLM Theses and Essays
This work is a comparative study of the availability and handling of interim measures in international commercial arbitration in different legal systems. It studies the difference in handling of interim measures and the need for a harmonized structure. It also contains a review of the proposed draft amendment to the UNCITRAL Model Law and further suggests a different version for the amendment.
Moot Court Teams 2003-2004, Kellie Casey Monk
Moot Court Teams 2003-2004, Kellie Casey Monk
Materials from All Student Organizations
No abstract provided.
Panel I Commentary - Jus Ad Bellum
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Welcoming Address, Rodney Rempt
A National Medical Malpractice Reform Act (And Why The Supreme Court May Prefer To Avoid It), Nim Razook, University Of Oklahoma
A National Medical Malpractice Reform Act (And Why The Supreme Court May Prefer To Avoid It), Nim Razook, University Of Oklahoma
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed, Chad D. Emerson
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Between The Two Fears, Juliet Flower Maccannell
Between The Two Fears, Juliet Flower Maccannell
Cardozo Law Review
No abstract provided.
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Canadian Journal of Law and Technology
The first part of this article will discuss what anonymity is, and the costs and benefits that anonymity confers on expressive activity. I will demonstrate that anonymity is a double-edged sword in that it can both promote and harm free expression. In the second part, I will suggest that there is no doubt that anonymity can be protected under section 2(b) of the Charter. When I first began this article, I intended to examine ‘‘whether’’ anonymity can be constitutionally protected under section 2(b). As my research progressed, I quickly realised that I was asking the wrong question. I discovered that …
Panel I Commentary - Jus Ad Bellum, William Dalton
Panel I Commentary - Jus Ad Bellum, William Dalton
International Law Studies
No abstract provided.
The Laws Of War In The War On Terror, Adam Roberts
The Laws Of War In The War On Terror, Adam Roberts
International Law Studies
No abstract provided.
Panel I Commentary - Jus Ad Bellum, Robert Turner
Panel I Commentary - Jus Ad Bellum, Robert Turner
International Law Studies
No abstract provided.
Unlawful Combatancy, Yoram Dinstein