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Full-Text Articles in Law

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long Dec 2009

Demosprudence, Interactive Federalism, And Twenty Years Of Sheff V. O'Neill, Justin R. Long

Law Faculty Research Publications

Professor Lani Guinier and others have recently developed a theory called "demosprudence" that explains the democracy-enhancing potential of certain types of US. Supreme Court dissents. Separately, state constitutionalists have described state constitutions' capacity to offer a base of resistance against the U.S. Supreme Court's narrow conception of individual rights. Applying these two seemingly unrelated theories to school desegregation litigation in Connecticut and to same-sex marriage litigation in Iowa, this Essay suggests that certain state constitutional decisions might function like U.S. Supreme Court dissents to enhance democratic activism. In this way, interactive federalism might usefully serve as a category of demosprudence.


Corporate Criminal Liability And The Potential For Rehabilitation, Peter J. Henning Oct 2009

Corporate Criminal Liability And The Potential For Rehabilitation, Peter J. Henning

Law Faculty Research Publications

No abstract provided.


Affirmatively Denied: The Detrimental Effects Of A Reduced Grant Rate For Affirmative Asylum Seekers, Rachel D. Settlage Jul 2009

Affirmatively Denied: The Detrimental Effects Of A Reduced Grant Rate For Affirmative Asylum Seekers, Rachel D. Settlage

Law Faculty Research Publications

No abstract provided.


The Constitution And The American Federal System, Robert A. Sedler Jan 2009

The Constitution And The American Federal System, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler Jan 2009

The Michigan Supreme Court, Stare Decisis, And Overruling The Overrulings, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Reality Bites: The Illusion Of Science In Bite-Mark Evidence, Erica Beecher-Monas Jan 2009

Reality Bites: The Illusion Of Science In Bite-Mark Evidence, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo Jan 2009

Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.


Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson Jan 2009

Voter Fraud Or Voter Defrauded? Highlighting An Inconsistent Consideration Of Election Fraud, Jocelyn Friedrichs Benson

Law Faculty Research Publications

This Article seeks to highlight the collateral effect of several inconsistent recent federal court decisions that consider a state's interest in addressing the impact of fraud on the electoral process. In an effort to evaluate the impact of varying types of election-related fraud on the political process, I propose that courts view the concept with a focus on (1) the entity that commits the deceptive acts and (2) the effect those acts have on the democratic process. Evaluating recent opinions through this lens illustrates that federal courts are more likely to exhibit deference to a state's interest in limiting avenues …


Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund Jan 2009

Scriptural Interpretation And Constitutional Interpretation: An Introduction, 2009 Mich. St. L. Rev. 273, 276 (2009), Christopher C. Lund

Law Faculty Research Publications

No abstract provided.


Are State Constitutions Un-American?, Justin R. Long Jan 2009

Are State Constitutions Un-American?, Justin R. Long

Law Faculty Research Publications

No abstract provided.


Role Of Corporate Board Executive Pay Decisions In Precipitating Financial Crisis, Erica Beecher-Monas Jan 2009

Role Of Corporate Board Executive Pay Decisions In Precipitating Financial Crisis, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall Jan 2009

Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall

Law Faculty Research Publications

No abstract provided.


Should The Sec Spin-Off The Enforcement Division, Peter J. Henning Jan 2009

Should The Sec Spin-Off The Enforcement Division, Peter J. Henning

Law Faculty Research Publications

No abstract provided.