Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (442)
- Courts (156)
- President/Executive Department (143)
- Administrative Law (134)
- Legislation (92)
-
- Law and Politics (85)
- Supreme Court of the United States (74)
- Jurisprudence (62)
- State and Local Government Law (62)
- Legal History (60)
- Judges (57)
- Jurisdiction (51)
- Social and Behavioral Sciences (51)
- Public Law and Legal Theory (50)
- International Law (46)
- Political Science (38)
- Law and Society (30)
- Civil Procedure (27)
- Comparative and Foreign Law (27)
- Rule of Law (24)
- American Politics (21)
- Criminal Law (21)
- Military, War, and Peace (21)
- Litigation (20)
- Environmental Law (19)
- Immigration Law (19)
- Public Affairs, Public Policy and Public Administration (18)
- National Security Law (16)
- First Amendment (15)
- Institution
-
- University of Michigan Law School (60)
- Selected Works (59)
- Duke Law (57)
- SelectedWorks (53)
- University of Colorado Law School (40)
-
- Georgetown University Law Center (38)
- Cornell University Law School (31)
- Washington and Lee University School of Law (30)
- University of Pennsylvania Carey Law School (27)
- Maurer School of Law: Indiana University (26)
- Columbia Law School (25)
- Pepperdine University (25)
- Boston University School of Law (24)
- Vanderbilt University Law School (22)
- Notre Dame Law School (19)
- Touro University Jacob D. Fuchsberg Law Center (18)
- University of Georgia School of Law (17)
- Fordham Law School (13)
- American University Washington College of Law (11)
- Louisiana State University Law Center (11)
- University of Kentucky (11)
- University of Maryland Francis King Carey School of Law (11)
- West Virginia University (11)
- Florida State University College of Law (10)
- Northwestern Pritzker School of Law (10)
- St. Mary's University (9)
- University of Miami Law School (9)
- Case Western Reserve University School of Law (8)
- Maurice A. Deane School of Law at Hofstra University (8)
- University of Baltimore Law (7)
- Publication Year
- Publication
-
- Faculty Scholarship (92)
- Michigan Law Review (38)
- All Faculty Scholarship (36)
- Publications (34)
- Georgetown Law Faculty Publications and Other Works (25)
-
- Scholarly Works (22)
- Washington and Lee Law Review (20)
- Articles (19)
- Journal Articles (18)
- Pepperdine Law Review (18)
- Touro Law Review (16)
- Articles by Maurer Faculty (14)
- Duke Law Journal (14)
- Cornell Law Faculty Publications (12)
- Vanderbilt Law Review (12)
- Testimony Before Congress (11)
- Carrie Leonetti (10)
- Indiana Law Journal (10)
- Louisiana Law Review (10)
- West Virginia Law Review (10)
- Articles in Law Reviews & Other Academic Journals (9)
- Cornell Law Review (9)
- Faculty Articles (9)
- Law and Contemporary Problems (8)
- Notre Dame Law Review (8)
- Scholarly Articles (8)
- Case Western Reserve Law Review (7)
- Hofstra Law Review (7)
- Journal of the National Association of Administrative Law Judiciary (7)
- Kentucky Law Journal (7)
- Publication Type
- File Type
Articles 841 - 870 of 873
Full-Text Articles in Law
The Court V. The Legislature: Rule Making Power In Indiana
The Court V. The Legislature: Rule Making Power In Indiana
Indiana Law Journal
No abstract provided.
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.
Punishment: Its Meaning In Relation To Separation Of Power And Substantive Constitutional Restrictions And Its Use In The Lovett, Trop, Perez, And Speiser Cases
Indiana Law Journal
No abstract provided.
Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Political Questions In The Federal Judiciary -- A Comparative Study, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
The President's Use Of Troops To Enforce Federal Law, George H. Faust
The President's Use Of Troops To Enforce Federal Law, George H. Faust
Cleveland State Law Review
The political genius of man has failed to solve one ancient and basic problem of politics. Briefly stated, it is as follows: What shall be the proper division of authority among governments? How much authority shall be given to a central government and how much shall be left to local or state governments?
The Role Of The Law School In The Preservation Of Constitutional Government, John B. Fournet
The Role Of The Law School In The Preservation Of Constitutional Government, John B. Fournet
Louisiana Law Review
No abstract provided.
Separation Of Powers Doctrine: Historical Sources, Albert Conway
Separation Of Powers Doctrine: Historical Sources, Albert Conway
NYLS Law Review
No abstract provided.
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Political Questions: The Judicial Check On The Executive, Paul D. Carrington
Articles by Maurer Faculty
No abstract provided.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Legislation - Witness Immunity Act Of 1954 - Constitutional And Interpretative Problem, George S. Flint S.Ed.
Michigan Law Review
The passage in August, 1954 of a federal statute granting immunity under specified conditions to witnesses before congressional committees and in the federal courts marks a third legislative experiment designed to soften the effect of the Fifth Amendment as a limitation on the investigatory power of Congress. The first two attempts were less than successful. This comment will discuss the historical background of immunity legislation, and some possible constitutional pitfalls and problems of construction created by the statutory language.
Justice Jackson And The Judicial Function, Paul A. Weidner
Justice Jackson And The Judicial Function, Paul A. Weidner
Michigan Law Review
Much of the pattern of division in the present Supreme Court is traceable to basic differences of opinion regarding the proper role of a judge in the process of constitutional adjudication. Some students of the Court, yielding to the current fashion of reducing even intricate problems to capsule terms, have tried to explain the controversy by classifying the justices as either "liberals" or "conservatives." A second school poses the disagreement largely in terms of judicial "activism" as opposed to judicial "restraint." It is this view that has the greater relevance for the present discussion. C.H. Pritchett, one of the leading …
Constitutional Law--Separation Of Powers--Control By Judiciary Of Compensation Of Court Attaches, W. R. B. Ii.
Constitutional Law--Separation Of Powers--Control By Judiciary Of Compensation Of Court Attaches, W. R. B. Ii.
West Virginia Law Review
No abstract provided.
The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch
The Cy Pres Doctrine And Changing Philosophies, Edith L. Fisch
Michigan Law Review
The cy pres doctrine arose so far back in antiquity that its origins are obscure. Apparently it was known and used in Roman law, for an application of the cy pres doctrine is reported in the Digest of Justinian. In the early part of the third century a city received a legacy bequeathed for the purpose of commemorating the memory of the donor by using the income of the legacy to hold yearly games. As such games were illegal at that time a problem arose concerning the disposition of the legacy. Modestinus, a well known jurist, found the solution.
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
The Original And Exclusive Jurisdiction Of The United States Supreme Court, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Legislative Disqualifications As Bills Of Attainder, Francis D. Wormuth
Legislative Disqualifications As Bills Of Attainder, Francis D. Wormuth
Vanderbilt Law Review
The separation of powers was first introduced into political discussion during the English Civil Wars of the seventeenth century by the political party known as Levellers. The object was to insure that persons be judged by general and prospective rules. If the legislative authority should decide a particular case, it might be tempted through partiality or prejudice to improvise a special rule for the situation. So the separation of powers was intended to achieve that impartiality in government which Aristotle called "the rule of law."
The doctrine of checks and balances was also introduced into political discussion during the Civil …
Administrative Agencies And The Court, Frank E. Cooper
Administrative Agencies And The Court, Frank E. Cooper
Michigan Legal Studies Series
The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.
The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …
Separation Of Powers, Fred L. Fox
Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.
Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.
West Virginia Law Review
No abstract provided.
When Is A Political Question Justiciable?, Ivan C. Rutledge
When Is A Political Question Justiciable?, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.
Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed.
Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed.
Michigan Law Review
Plaintiff sued the United States Government for breach of its contract for construction of a water supply tunnel, and in 1932 recovered judgment in the court of claims for approximately one-seventh of the amount sued for. Motions for new trial were denied and the Supreme Court refused to grant a writ of certiorari. In 1942 plaintiff secured the passage of a special act of Congress conferring jurisdiction on the court of claims to render judgment on plaintiff's claim in accordance with the mode of calculation set forth therein, waiving any defenses which the government might have in respect thereto, and …
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin
Michigan Law Review
A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Commissioner Benjamin's Report On Administrative Adjudication In New York, Gilbert H. Montague
Michigan Law Review
In his annual message to the New York Legislature in January, 1939, after recalling that at the 1938 election the people had rejected a proposal that would "freeze into the Constitution a rigid procedure" for "the judicial review of the facts as well as of the law of virtually all decisions of administrative officers and agencies," Governor Lehman announced: "Modification of procedure, if needed, should be undertaken only after careful study of each administrative process on an individual basis. As part of my plan always to improve and perfect the administrative branch of government, intend to appoint a commissioner under …
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Constitutional Law-Delegation Of Legislative Power - Utah Milk Control Act, Edward S. Biggar
Michigan Law Review
The Utah Milk Control Act declared the necessity of stabilizing the production and distribution of market milk, for the purpose of insuring "a continuous and adequate supply of pure, wholesome milk." The state board of agriculture was authorized to fix prices and regulate the surplus of milk in particular marketing areas. Provision was made for public hearings to precede the board's issuance of regulatory orders. In fixing prices, the board was directed to consider the cost of "producing, handling, pasteurizing, and distributing" the milk to be sold. There was no requirement that the orders promulgated contain any specific provisions. Pursuant …
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
The Doctrine Of Administrative Trespass In French Law: An Analogue Of Due Process, Armin Uhler
Michigan Law Review
The French droit administratif, since Dicey's critical and unsympathetic comments in his lectures and works on the English constitution, has continued to attract a great deal of interest in the English-speaking world. In this country the more recent references to the system known by that name are prompted by something more than academic curiosity. Unprecedented expansion of administrative activity, particularly on the part of the federal government, has focused attention on many problems which have become acute because of that fact. Unquestionably, one of the most vexing among them is the question of review of administrative action upon the …
Courts Rule - Making Power, Peter S. Boter
Courts Rule - Making Power, Peter S. Boter
Michigan Law Review
A statute of the State of New Mexico delegated to the supreme court of the state the power to promulgate rules regulating pleading, practice, and procedure in judicial proceedings for the purpose of simplifying the same and for the promotion of the speedy determination of litigation upon the merits. The act further provides that all statutes relating to pleading and practice now in force shall have effect only as rules of court and remain in effect as such unless modified or suspended by rules promulgated pursuant to this Act. Held, that the rule-making power can constitutionally be delegated to …
The Pardoning Power Of The Chief Executive
The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.
The Federal Administrative Court Proposal: An Examination Of General Principals, John D. O'Reilly, Jr.
Fordham Law Review
No abstract provided.
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Constitutional Law-Agricultural Adjustment Act-The General Welfare Clause And The Tenth Amendment
Michigan Law Review
In what is without question the most important decision rendered in recent years the Supreme Court of the United States has swept away the legal basis of the Agricultural Adjustment Administration. The processing tax, an essential part of a plan for the control of production, has been ruled unconstitutional as involving an invasion of the powers reserved to the states. Unlike the case of Schechter Poultry Corporation v. United States, in which the National Industrial Recovery Act was held invalid by a unanimous Court, this pillar of the New Deal's vast recovery program was destroyed by a six-to-three decision, …
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Practice And Procedure - Reversal On Confession Of Error By Prosecutor
Michigan Law Review
On appeal accused assigned as error the failure of the trial court to sustain his motion for a directed verdict of not guilty. The prosecutor, convinced by facts dehors the record of the innocence of the accused, confessed error. Held, confession of error does not per se justify reversal; the court must find error in the record. Parlton v. United States, (App. D. C. 1935) 75 F. (2d) 772.
Constitutional Law - Reinstatement Of Attorney - Constitutionality Of Pardon Statute - Legislative Encroachment On Judicial Power
Michigan Law Review
In proceedings based on the record of his conviction for attempted extortion, the petitioner was disbarred. Having received a full pardon from the governor, he sought reinstatement, relying on a statute which purported to make reinstatement mandatory on the court upon proof of the pardon. Held, the statute is unconstitutional in so far as it directs the court to reinstate a disbarred attorney without a showing of moral rehabilitation. It is an encroachment by the legislature upon the inherent power of the court to admit attorneys to practice and in effect vacates a judicial order by legislative mandate. In …
The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann
The Changing Relationship Of The Judicial And Executive Branches, F. R. Aumann
Kentucky Law Journal
No abstract provided.