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Articles 1 - 7 of 7
Full-Text Articles in Law
The War On Terrorism And The Constitution, Michael I. Meyerson
The War On Terrorism And The Constitution, Michael I. Meyerson
All Faculty Scholarship
Discussion of civil liberties during wartime often omit the fact that there can be no meaningful liberty at all if our homes and offices are bombed or our loved ones are killed or injured by acts of terror. The Government must be given the tools necessary to accomplish its vital mission. The first priority must be to win the war against terrorism. There are, however, other priorities. The United States, in its just battle for freedom, must ensure that freedom is preserved during that battle as well. Moreover, care must be taken so that an exaggerated cry of “emergency” is …
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Comment On Ferejohn’S “Judicializing Politics, Politicizing Law”, Michael C. Munger
Law and Contemporary Problems
Munger comments on John Ferejohn's recent article in which Ferejohn examines some key issues raised by the exercise of legislative power by the judicial branch. Ferejohn claims that Americans have chosen to accept the judicialization of politics, leaving the courts the option of exercising power inappropriately. Munger argues that while the courts do have power, they forebear from exercising it for long periods of time.
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Deliberative Democracy’S Attempt To Turn Politics Into Law, Christopher H. Schroeder
Law and Contemporary Problems
Deliberative democracy is one of the most discussed contemporary political theories. Schroeder argues that its central claim can be understood as the claim that politics needs to become more like law. While specific recommendations to make specific decision processes more deliberative are fair, the attempt to efface the distinctively non-lawlike attributes of politics entirely cannot withstand scrutiny.
Spurious Interpretation Redux: Mead And The Shrinking Domain Of Statutory Ambiguity, Michael P. Healy
Spurious Interpretation Redux: Mead And The Shrinking Domain Of Statutory Ambiguity, Michael P. Healy
Law Faculty Scholarly Articles
In skewering the Supreme Court's recent decision in United States v. Mead Corp., Justice Scalia's rhetoric is exceptional. He derides the decision as "one of the most significant opinions ever rendered by the Court dealing with the judicial review of administrative action. Its consequences will be enormous, and almost uniformly bad." Although Justice Scalia objects to Mead's new and uncertain limits on the applicability of the Chevron doctrine, this Article will focus instead on how Mead employs a method of interpretation imputing a clear intent to Congress, and authorizes courts to discern statutory meaning without strong deference to …
State Of The Women Judiciary In The Commonwealth, Carol E. Jordan, Sheila Isaac
State Of The Women Judiciary In The Commonwealth, Carol E. Jordan, Sheila Isaac
Office for Policy Studies on Violence Against Women Publications
No abstract provided.
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
Michigan Journal of Race and Law
After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class …
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Judicial Activism: The Good, The Bad, And The Ugly, Arthur D. Hellman
Articles
No matter how judges are selected, sooner or later some unfortunate candidate will be labeled a "judicial activist." One has to wonder: Does the term have any identifiable core meaning? Or is it just an all-purpose term of opprobrium, reflecting whatever brand of judicial behavior the speaker regards as particularly pernicious? Implicit in this question are several important issues about the role of courts in our democratic society.
I take my definition from Judge Richard Posner, who describes activist decisions as those that expand judicial power over other branches of the national government or over state governments. Unlike other uses …