Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (22)
- University of Colorado Law School (10)
- Georgetown University Law Center (7)
- Duke Law (5)
- Pepperdine University (5)
-
- Columbia Law School (4)
- Maurer School of Law: Indiana University (3)
- Selected Works (3)
- SelectedWorks (3)
- University of Pennsylvania Carey Law School (3)
- University of Pittsburgh School of Law (3)
- Boston University School of Law (2)
- Seattle University School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- BLR (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Florida International University College of Law (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University at Buffalo School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Georgia School of Law (1)
- Western University (1)
- Publication Year
- Publication
-
- Michigan Law Review (16)
- Faculty Scholarship (14)
- Georgetown Law Faculty Publications and Other Works (7)
- Publications (7)
- Articles (6)
-
- Journal of the National Association of Administrative Law Judiciary (5)
- All Faculty Scholarship (3)
- Articles by Maurer Faculty (3)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (3)
- Scholarly Works (2)
- Seattle University Law Review (2)
- Andrés Palacios Lleras (1)
- Chicago-Kent Law Review (1)
- Craig Martin (1)
- Edsel F Tupaz (1)
- ExpressO (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Georgia Journal of International & Comparative Law (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Publications (1)
- M. C. Mirow (1)
- Mark Graber (1)
- Michigan Journal of Race and Law (1)
- SJD Dissertations (1)
- Sharon Hamby O'Connor (1)
- Touro Law Review (1)
- University of Michigan Journal of Law Reform (1)
- Publication Type
- File Type
Articles 61 - 86 of 86
Full-Text Articles in Law
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp
Michigan Law Review
A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie
On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens
On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens
Faculty Articles
Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.
In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …
Meeting The Enemy, Robert F. Nagel
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore
Seattle University Law Review
This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa
Seattle University Law Review
In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Toward A General Theory Of The Establishment Clause, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg
The Rise Of Modern Judicial Review: From Constitutional Interpretation To Judge-Made Law, Ward A. Greenberg
Michigan Law Review
A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law by Christopher Wolfe
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
17 pages.
Wilderness And The Public Lands, John D. Leshy
Wilderness And The Public Lands, John D. Leshy
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
18 pages (includes chart).
Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.
This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
Publications
No abstract provided.
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
The North Slope Borough, Oil, And The Future Of Local Government In Alaska, David H. Getches
Publications
No abstract provided.
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Haines: The Revival Of Natural Law Concepts, Edwin W. Tucker
Michigan Law Review
A Review of The Revival of Natural Law Concepts by Charles Grove Haines
Separation Of Powers Revisited, Reginald Parker
Separation Of Powers Revisited, Reginald Parker
Michigan Law Review
Since administrative law is law that governs, and is applied by, the executive branch of government, it is necessarily as old as that branch. As long as executive and judiciary were one and the same and the king at the head of both, all of the law was in fact "administrative" though the term was not used. When, however, out of the amorphous mass of the legal order a fixed body of law courts began to emerge with jurisdiction over the most important legal problems, the term "administrative law," had it been used, would have acquired a specific meaning. Property, …
Italian Administrative Courts Under Fascism, Paul B. Rava
Italian Administrative Courts Under Fascism, Paul B. Rava
Michigan Law Review
Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Constitutional Interpretation And Judicial Self-Restraint, Vincent M. Barnett Jr.
Michigan Law Review
The newly reconstituted Supreme Court of the United States has become the center of an earnest controversy with respect to the true role of the Court in constitutional interpretation. The general controversy is, of course, far from new. What makes it of more than ordinary significance is that the Court itself is revealing a tendency substantially to alter the extent, if not the nature, of judicial review. This tendency has not yet become clearly dominant, but it is apparent enough to shake the implicit faith in the Court of many of those to whom, before 1937, any criticism of the …
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Circuit Courts And The Nisi Prius System: The Making Of An Appellate Court, William Wirt Blume
Michigan Law Review
Judicial systems organized under the influence of the English tradition have exhibited a tendency to pass through four stages of development. (1) In the first stage the highest court (not taking into consideration legislative bodies) has final appellate jurisdiction and a superior original jurisdiction, civil and criminal. The court is composed of three or more judges who sit in bank for the trial of cases. The judges may sit at a central place or go on circuit throughout the territory. (2) In the second stage the highest court has both original and appellate jurisdiction but does not undertake to try …
Curbing The Supreme Court-State Experiences And Federal Proposals, Katherine B. Fite, Louis Baruch Rubinstein
Curbing The Supreme Court-State Experiences And Federal Proposals, Katherine B. Fite, Louis Baruch Rubinstein
Michigan Law Review
The avalanche of proposals introduced in the last session of Congress seeking to curb the power of the Supreme Court to declare legislative acts unconstitutional and President Roosevelt's recent message to Congress on the judiciary have focused attention on the problem of the function of that Court in our governmental system.
This article does not take sides in the controversy. Its purpose is merely to review the developments in the four states, Colorado, Ohio, North Dakota and Nebraska, which by amendments to their constitutions have sought to place curbs on their supreme courts, and also to classify the proposals which …
Extension Of Judicial Review In New York, Edward S. Corwin
Extension Of Judicial Review In New York, Edward S. Corwin
Michigan Law Review
There are several reasons why it should be worth while to investigate the operation of the most unique of American governmental institutions in the most important state of the Union. For one thing, in the person of Chancellor KZN" New York furnished one of the founders of American Constitutional Law, while at the same time it was KzNT's fame that early gave New York decisions the importance they still retain in great part in the field of citation and precedent. Again it was YNT'S influence that inclined the fresh shoot of constitutional jurisprudence in New York in a conservative direction, …
The Establishment Of Judicial Review Ii, Edwin S. Corwin
The Establishment Of Judicial Review Ii, Edwin S. Corwin
Michigan Law Review
In tracing the establishment of judicial review subsequently to the inauguration of the national government it will be important to bear in mind that there are two distinct kinds of judicial review, namely, federal judicial review, or the power of the federal courts to review acts of the State legislatures under the United States Constitution, and Judicial review proper; or the power of the courts to pass upon the constitutionality of acts of the coordinate legislatures. That the Judiciary Act of 1789 contemplated, in the mind of its author, Ellsworth, the exercise of the power of review by the national …
The Establishment Of Judicial Review (I), Edwin S. Corwin
The Establishment Of Judicial Review (I), Edwin S. Corwin
Michigan Law Review
When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …