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Articles 1 - 8 of 8

Full-Text Articles in Law

The Believer And The Powers That Are, Elizabeth Ferguson May 1988

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

A Review of The Believer and the Powers That Are by John T. Noonan, Jr.


The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes May 1988

The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes

Michigan Law Review

A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II


Judicial Criticism, James Boyd White Jan 1988

Judicial Criticism, James Boyd White

Book Chapters

Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism," our "values" are defined and made actual in most important ways.

I will begin with a double quotation. I recently heard my friend and colleague Alton Becker, who writes about language and culture, begin a …


Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Frsc Jan 1988

Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it necessitates …


Law And Mystery: Calling The Letter To Life Through The Spirit Of The Law Of State Constitutions, Emily A. Hartigan Jan 1988

Law And Mystery: Calling The Letter To Life Through The Spirit Of The Law Of State Constitutions, Emily A. Hartigan

Faculty Articles

If law is anything today, it is dispirited. It lacks life, vitality, enchantment, and vision. Neither law nor its practitioners sing—or even hum. However, there is something more, already present in America’s state constitutions if practitioners dare turn to hear it. It is the voice of the spirit of the laws of the land. It sings of a vision.

There is a strain of constitutional law, anchored by actual judicial language about the spirit of law, which participates in the discourse identified in two key law review articles—Suzanna Sherry’s “The Founders’ Unwritten Constitution,” and Thomas Grey’s “Origins of the Unwritten …


A Preface To Constitutional Theory, David B. Lyons Jan 1988

A Preface To Constitutional Theory, David B. Lyons

Faculty Scholarship

We have a plethora of theories about judicial review, including theories about theories, but their foundations require stricter scrutiny. This Essay presents some aspects of the problem through an examination of two important and familiar ideas about judicial review.

The controversy over "noninterpretive" review concerns the propriety of courts' deciding constitutional cases by using extraconstitutional norms. But the theoretical framework has not been well developed and appears to raise the wrong questions about judicial review. Thayer's doctrine of extreme judicial deference to the legislature has received much attention, but his reasoning has been given less careful notice. Thayer's rule rests …


The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel Jan 1988

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

Publications

No abstract provided.


Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt Jan 1988

Comments On Commercial Speech, Constitutionalism, Collective Choice, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.