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Full-Text Articles in Law

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower Jun 2021

Executive Unilateralism And Individual Rights In A Federalist System, Meredith Mclain, Sharece Thrower

William & Mary Bill of Rights Journal

Presidents have a wide array of tools at their disposal to unilaterally influence public policy, without the direct approval of Congress or the courts. These unilateral actions have the potential to affect a variety of individual rights, either profitably or adversely. Governors too can employ unilateral directives for similar purposes, often impacting an even wider range of rights. In this Article, we collect all executive orders and memoranda related to individual rights issued between 1981 and 2018 at the federal level, and across the U.S. states, to analyze their use over time. We find that chief executives of all kinds …


Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz Oct 2014

Rethinking The Timing Of Capital Clemency , Adam M. Gershowitz

Michigan Law Review

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority of cases, the reason for commutation was known at the conclusion of direct appeals—years or even decades before the habeas process ended. Yet when governors or pardon boards actually commuted the death sentences, they typically waited until the eve of execution, with only days or hours to spare. Leaving clemency until the last minute sometimes leads to many years of unnecessary state and federal habeas corpus litigation, and this Article documents nearly 300 years of wasted habeas corpus review. Additionally, last-minute commutations harm …


Declaratory Judgments - Justiciable Controversy, Herman J. Bloom Feb 1937

Declaratory Judgments - Justiciable Controversy, Herman J. Bloom

Michigan Law Review

The governor of Wisconsin instituted a declaratory proceeding against the secretary of state. The governor wanted to determine his power to make ad interim appointments to allegedly vacant statutory offices and to positions incumbents were holding over. Prior to this action he had made no appointments to these offices, for the secretary of state had advised him that he would not honor the commissions, or audit and pay the expense account of such appointees. The governor claimed that the alleged conduct of the secretary of state prevented him from securing suitable persons to fill these offices. The court held that …


Executive Power In Emergencies, Maurice S. Culp Jun 1933

Executive Power In Emergencies, Maurice S. Culp

Michigan Law Review

The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …


Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case Dec 1930

Constitutional Law -Elections - Constitutionality Of The Corrupt Practices Act-The Kohler Case

Michigan Law Review

The relator brought an action to test the right of the defendant Kohler to the office of governor of the state of Wisconsin, asserting that his election was invalid for violation of the Corrupt Practices Act, particularly in that he had expended more than $100,000 for political purposes in violation of the provision of the act limiting such expenditures for candidates for governor to $4,000. The defendant demurred to the petition, asserting that the Corrupt Practices Act is void and unconstitutional as applied to the governor because (1) the statute seeks to prescribe either qualifications for the office of governor …


Judicial System Of Michigan Under Governor And Judges, W L. Jenks Nov 1919

Judicial System Of Michigan Under Governor And Judges, W L. Jenks

Michigan Law Review

When the Territory of Michigan came into existence July i, 1805, it found a system of jurisprudence in operation which had been adopted by the Governor and Judges of the Northwest Territory from the laws of Pennsylvania, due no doubt, to the fact that Gov. Arthur St. Clair had lived some years in that State, had been a member of its Board of Censors, a magistrate, and was familiar with its judicial system which provided a-Court of General Quarter Sessions of the Peace in each county composed of Justices of the Peace, a Court of Common Pleas in each County, …