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Full-Text Articles in Law
Federalism And Company Law, Richard M. Buxbaum
Federalism And Company Law, Richard M. Buxbaum
Michigan Law Review
It would be a simplifying and historically dubious reduction to equate state interest in corporation law with interventionist or regulatory policies and federal interest with liberal or facilitative ones. So long as a federal legal system presupposes the continuing involvement of two governments with the same subject, however, it is only the subordinate polity's interest in intervention or regulation that makes for interesting reading. State facilitative policies in an era of national facilitative policies raise no questions, and a state's continuing adherence to laissez faire policies when the national government turns interventionist typically creates no conflict. It is only the …
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Michigan Law Review
A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay
The EngelCase From A Swiss Perspective, F. William O'Brien
The EngelCase From A Swiss Perspective, F. William O'Brien
Michigan Law Review
On June 25, 1962, the Supreme Court of the United States held that the State of New York, by using its public school system to encourage recitation of a prayer during classroom hours, had adopted a practice wholly inconsistent with that clause of the first amendment, applicable to the states by virtue of the fourteenth amendment, which prohibits laws respecting an establishment of religion. The opinion of the Court, written by Mr. Justice Black for himself and four other Justices, is interesting in that he rests the Court's decision exclusively upon the establishment clause. In previous decisions, the Court had …
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Judicial Review In Europe, Gottfried Dietze
Judicial Review In Europe, Gottfried Dietze
Michigan Law Review
The years following the Second World War witnessed a wave of constitution making in Europe. In East and West alike, popular government was instituted through new basic laws. But whereas the constitutions of Eastern Europe established a Rousseauistic form. of democracy through the creation of an omnipotent legislature, those of the West, while reflecting a belief in parliamentary government, to a larger or smaller degree limited the power of the legislature through the introduction of judicial review. This acceptance of judicial review can be attributed mainly to two factors. It sprung from a distrust of a parliamentarism under which, during …