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Articles 1 - 16 of 16
Full-Text Articles in Law
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Status Manipulation In Chae Chan Ping V. United States, Sam Erman
Michigan Law Review
A Review of Chae Chan Ping v. United States. By Rose Cuison-Villazor in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig.
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Eighty Years Of Federalism Forbearance: Rationing, Resignation, And The Rule Of Law, Gil Seinfeld
Reviews
Andrew Coan’s book, Rationing the Constitution, offers a novel account of the forces that drive Supreme Court decisions across a wide array of highly controversial, vitally important areas of law. The project is ambitious. It endeavors to improve our understanding of forces that constrain the form and, ultimately, the substance of our constitutional law along each of its major axes: federalism, the separation of powers, and individual rights. I think it succeeds. The book’s central claim—that familiar (but underexplored) institutional constraints and background norms sharply limit the range of choices available to the Court when it is called upon to …
Article Ii And Antidiscrimination Norms, Aziz Z. Huq
Article Ii And Antidiscrimination Norms, Aziz Z. Huq
Michigan Law Review
The Supreme Court’s opinion in Trump v. Hawaii validated a prohibition on entry to the United States from several Muslim-majority countries and at the same time repudiated a longstanding precedent associated with the Japanese American internment of World War II. This Article closely analyzes the relationship of these twin rulings. It uses their dichotomous valences as a lens on the legal scope for discriminatory action by the federal executive. Parsing the various ways in which the internment of the 1940s and the 2017 exclusion order can be reconciled, the Article identifies a tension between the Court’s two holdings in Trump …
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
State-Action Immunity And Section 5 Of The Ftc Act, Daniel A. Crane, Adam Hester
Michigan Law Review
The state-action immunity doctrine of Parker v. Brown immunizes anticompetitive state regulations from preemption by federal antitrust law so long as the state takes conspicuous ownership of its anticompetitive policy. In its 1943 Parker decision, the Supreme Court justified this doctrine, observing that no evidence of a congressional will to preempt state law appears in the Sherman Act’s legislative history or context. In addition, commentators generally assume that the New Deal court was anxious to avoid re-entangling the federal judiciary in Lochner-style substantive due process analysis. The Supreme Court has observed, without deciding, that the Federal Trade Commission might …
Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger
Milkovich V. Lorain Journal Twenty-Five Years Later: The Slow, Quiet, And Troubled Demise Of Liar Libel, Leonard Niehoff, Ashley Messenger
University of Michigan Journal of Law Reform
In Milkovich v. Lorain Journal Co., the Supreme Court held that there is no separate constitutional protection for statements of opinion. It also held that an accusation that an individual lied is a statement of fact actionable in defamation. Lower courts have, correctly in our view, essentially ignored both holdings. In Part I we discuss Milkovich and the infirmities in its reasoning. In Part II we discuss the complex nature of lies and accusations of lies and argue that Milkovich failed to account for that complexity. In Part III we discuss the strategies the lower courts have used to …
Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton
Michigan Journal of Race and Law
In 2012, the Supreme Court of the United States decided Florence v. Board of Chosen Freeholders of the County of Burlington. The Court held that full strip searches, including cavity searches, are permissible regardless of the existence of basic reasonable suspicion that the arrestee is in possession of contraband. Further, the Court held that law enforcement may conduct full strip searches after arresting an individual for a minor offense and irrespective of the circumstances surrounding the arrest. These holdings upended typical search jurisprudence. Florence sanctions the overreach of state power and extends to law enforcement and corrections officers the unfettered …
Structure And Precedent, Jeffrey C. Dobbins
Structure And Precedent, Jeffrey C. Dobbins
Michigan Law Review
The standard model of vertical precedent is part of the deep structure of our legal system. Under this model, we rarely struggle with whether a given decision of a court within a particular hierarchy is potentially binding at all. When Congress or the courts alter the standard structure and process offederal appellate review, however, that standard model of precedent breaks down. This Article examines several of these unusual appellate structures and highlights the difficulties associated with evaluating the precedential effect of decisions issued within them. For instance, when Congress consolidates challenges to agency decision making in a single federal circuit, …
A Sea Of Confusion: The Shipowner's Limitation Of Liability Act As An Independent Basis For Admiralty Jurisdiction, Amie L. Medley
A Sea Of Confusion: The Shipowner's Limitation Of Liability Act As An Independent Basis For Admiralty Jurisdiction, Amie L. Medley
Michigan Law Review
The Shipowner's Limitation of Liability Act of 1851 allowed the owner of a vessel to limit his liability in the case of an accident to the value of the vessel and its cargo if he could show he had no knowledge of or participation in the negligent act that resulted in the loss. In 1911, the Supreme Court decided Richardson v. Harmon, a case which was interpreted for several decades to hold that the Limitation Act formed an independent basis for admiralty jurisdiction. In a 1990 case, the Supreme Court stated in a footnote that it would not reach …
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
The Abolition Of The Death Penalty In New Jersey And Its Impact On Our Nation's "Evolving Standards Of Decency", Aaron Scherzer
Michigan Journal of Race and Law
In 2007, New Jersey became the first state in over forty years to abolish the death penalty legislatively. Twenty-five years earlier, in 1982, New Jersey had followed a state-level trend by reinstating its death penalty. However, during the twenty-five years between reinstatement and abolition, New Jersey did not conduct a single execution. Instead, the New Jersey Supreme Court reversed numerous death penalty cases and consistently narrowed the class of cases eligible for the death penalty. This Note posits that the supreme court's narrowing of eligible cases was one of the factors that prevented executions from taking place in New Jersey. …
Hyneman: The Supreme Court On Trial, William W. Van Alstyne
Hyneman: The Supreme Court On Trial, William W. Van Alstyne
Michigan Law Review
A Review of The Supreme Court on Trial. By Charles S. Hyneman
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Mason: The Supreme Court: Palladium: Of Freedom, Joseph E. Kallenbach
Michigan Law Review
A Review of The Supreme Court: Palladium: Of Freedom . By Alpheus T. Mason.
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Schubert: Constitutional Politics, Schmidhauser: The Supreme Court, Mcclosky: The American Supreme Court, Paul G. Kauper
Michigan Law Review
A Review of Constitutional Politics. By Glendon A. Schubert., The Supreme Court. By John R. Schmidhauser., and The American Supreme Court. By Robert G. McCloskey.
The Supreme Court-October 1959 Term, Bernard Schwartz
The Supreme Court-October 1959 Term, Bernard Schwartz
Michigan Law Review
A country's constitutional law is but a reflection of its political, economic, and social life. Not unnaturally, the external conditions of any particular period are bound to have their effects in the legal sphere as well-especially in the field of public law. This is as true of the United States as it is of other countries. From this point of view, the constitutional jurisprudence of the American Supreme Court is only the juristic mirror of the different stages through which American history has passed. 'Our jurisprudence is distinctive,' said Justice Jackson on the 150th anniversary of the Supreme Court, 'in …
Frank: Marble Palace. The Supreme Court In American Life, Earl Latham
Frank: Marble Palace. The Supreme Court In American Life, Earl Latham
Michigan Law Review
A Review of Marble Palace. The Supreme Court in American Life. By John P. Frank.
Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper
Schwartz: The Supreme Court: Constitutional Revolution In Retrospect, Paul G. Kauper
Michigan Law Review
A Review of The Supreme Court: Constitutional Revolution in Retrospect. By Bernard Schwartz.
The General Principles Of Constitutional Law In The United States Of America, Thomas M. Cooley
The General Principles Of Constitutional Law In The United States Of America, Thomas M. Cooley
Books
The manual which follows has been prepared for the use of students in law schools and other institutions of learning. The design has been to present succinctly the general principles of constitutional law, whether they pertain to the federal system, or to the state system, or both. Formerly, the structure of the federal constitutional government was so distinct from that of the States, that each might usefully be examined and discussed apart from the other; but the points of contact and dependence have been so largely increased by the recent amendments to the federal Constitution that a different course is …