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United States Supreme Court

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Articles 1591 - 1620 of 2103

Full-Text Articles in Law

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy Apr 1989

Police-Obtained Evidence And The Constitution: Distinguishing Unconstitutionally Obtained Evidence From Unconstitutionally Used Evidence, Arnold H. Loewy

Michigan Law Review

The article will consider four different types of police-obtained evidence: evidence obtained from an unconstitutional search and seizure, evidence obtained from a Miranda violation, confessions and lineup identifications obtained in violation of the sixth amendment right to counsel, and coerced confessions. My conclusions are that evidence obtained from an unconstitutional search and seizure is excluded because of the police misconduct by which it was obtained. On the other hand, evidence obtained from a Miranda violation is (or ought to be) excluded because use of that evidence compromises the defendant's procedural right not to be compelled to be a witness against …


Legislative Inaction And The Patterson Case, Earl M. Maltz Feb 1989

Legislative Inaction And The Patterson Case, Earl M. Maltz

Michigan Law Review

In its October 1988 issue,1 the Michigan Law Review published a symposium on Patterson v. McLean Credit Union, a case in which the Supreme Court has requested reargument on the question of whether Runyon v. McCrary should be overruled or modified. Each of the three distinguished contributors to the symposium concludes that the Court should not overrule Runyon. In reaching this conclusion, Professor William N. Eskridge and Professor Daniel A. Farber rely heavily on the view that because Congress has recognized the existence of the Runyon doctrine and has refused to overrule the decision, the doctrine of stare decisis …


Litigation, J. Wheaton Jan 1989

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro Jan 1989

Public Official's Qualified Immunity In Section 1983 Actions Under Harlow V. Fitzgerald And Its Progeny: A Critical Analysis, Stephen J. Shapiro

University of Michigan Journal of Law Reform

Part I of this Article discusses the development of immunities in section 1983 actions. Part II examines the application of Harlow and its progeny to a variety of situations. This discussion shows that broadened qualified immunity produces anomalous results under some circumstances by granting immunity to officials who have acted in a clearly culpable manner. Part III discusses the appropriateness of the Harlow standard and determines that it is neither supported by the legislative history of section 1983 nor by legitimate policy concerns. Finally, Part IV proposes several solutions that would protect deserving public officials from personal damage liability without …


Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy Jan 1989

Double Jeopardy And Government Appeals Of Acquittals, Department Of Justice Office Of Legal Policy

University of Michigan Journal of Law Reform

As part of a continuing series of papers on impediments to the search for truth in criminal investigation and adjudication, the Office of Legal Policy has carried out a review of the law governing double jeopardy prohibitions on federal government appeals of criminal acquittals. These prohibitions undermine the search for truth in criminal adjudication by allowing some wrongly acquitted, culpable individuals to go unpunished. The results of our review are set out in this Report.


Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon Jan 1989

Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon

Michigan Journal of International Law

Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …


Just Compensation And The Condemnation Of Future Interests: Empirical Evidence Of The Failure Of Fair Market Value, Laura H. Burney Jan 1989

Just Compensation And The Condemnation Of Future Interests: Empirical Evidence Of The Failure Of Fair Market Value, Laura H. Burney

Faculty Articles

Just compensation for future interests should be directly responsive to the Fifth Amendment by directly addressing its dictate rather than detouring through objective standards which stress valuation rather than fairness. It is generally inappropriate to strictly adhere to any one predetermined standard in compensating owners whose property has been taken. The reasons behind the rules that govern the compensation awarded to an owner whose property has been taken have not vanished. However, these rules are frequently forsaken. If the United States Supreme Court is taken at its word, the normative basis for providing just compensation in all takings cases should …


Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black Jan 1989

Scholars' Reply To Professor Fried, Yale Kamisar, Lee C. Bollinger, Judith C. Areen, Barbara A. Black

Articles

As Solicitor General of the United States, Charles Fried, like any good advocate, was often in the position of attempting to generate broad holdings from relatively narrow and particularistic Supreme Court decisions. This was especially true in affirmative action cases. There, the Department of Justice argued that cautious precedents actually stood for the broad proposition that measures designed to put members of disadvantaged groups on a plane of equality should, for constitutional purposes, be treated the same as measures intended to stigmatize or subordinate them. The Supreme Court, however, has consistently rejected this reading of its precedents and the broad …


Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine Jan 1989

Commentary On 'Multiemployer Bargaining Rules': The Limitations Of A Strictly Economic Analysis, Theodore J. St. Antoine

Articles

Labor law bulks large on the docket of the United States Supreme Court. Yet never would I have included Charles D. Bonanno Linen Service, Inc. v. NLRB, dealing with the seemingly mundane issue of an employer's right to withdraw from multiemployer bargaining, in the select company of cases addressing such pulse-quickening subjects as affirmative action, picketing as free speech, and union antitrust liability. Professor Douglas Leslie's elegant and provocative article shows just how wrong I was--or at least just how far imaginative analysis can go toward seeing a world in a grain of sand. I lay no claim to expertise …


Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar Jan 1989

Duckworth V. Eagan: A Little-Noticed Miranda Case That May Cause Much Mischief, Yale Kamisar

Articles

Professor Yale Kamisar, the country's foremost scholar of Miranda and police interrogation, presents an analysis and critique of the Supreme Court's latest interpretation of Miranda. In Duckworth, a 5-4 Court upheld the "if and when" language systematically used by the Hammond, Indiana, Police Department: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." The real issue was whether the police effectively conveyed the substance of a vital part of Miranda: the right to have a lawyer appointed prior to any questioning. Professor Kamisar …


Affirmative Action After Reagan, Neal Devins Jan 1989

Affirmative Action After Reagan, Neal Devins

Faculty Publications

No abstract provided.


The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson Jan 1989

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.


The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann Jan 1989

The Supreme Court's New Vision Of Federal Habeas Corpus For State Prisoners, Joseph L. Hoffmann

Articles by Maurer Faculty

No abstract provided.


Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore Jan 1989

Arizona V. Youngblood: Does The Criminal Defendant Lose His Right To Due Process When The State Loses Exculpatory Evidence?, Willis C. Moore

Touro Law Review

No abstract provided.


Probate: Notice To Estate Creditors: The Effect Of Tulsa Professional Collection Services V. Pope, Nicole Losacco Jan 1989

Probate: Notice To Estate Creditors: The Effect Of Tulsa Professional Collection Services V. Pope, Nicole Losacco

Oklahoma Law Review

No abstract provided.


Litigation, J. Wheaton Oct 1988

Litigation, J. Wheaton

California Regulatory Law Reporter

No abstract provided.


Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White Oct 1988

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.


Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber Oct 1988

Statutory Interpretation, Legislative Inaction, And Civil Rights, Daniel A. Farber

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Farber identifies three issues which lie at the heart of Patterson: Must statutes be construed to conform to the intent of the drafters? Does legislative inaction provide reliable guidance to interpreters of statutes? And should the nature of the claim at issue - here a claim of civil rights - influence the interpreters? On this last point, Professor Farber argues that public values must be relevant to statutory interpretation and that judges …


Interpreting Legislative Inaction, William N. Eskridge Jr. Oct 1988

Interpreting Legislative Inaction, William N. Eskridge Jr.

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. In this article, Professor Eskridge addresses the issue of how legislative inaction should affect statutory interpretation. He begins by constructing a detailed analysis of the Court's legislative inaction cases, arguing that the case law is much more coherent than previous analysts have suggested. Professor Eskridge then considers Justice Scalia's critique of that case law and provides support for Justice Scalia's views by distinguishing actual and presumed legislative intent, arguing that, based on a conception …


Updating Statutory Interpretation, T. Alexander Aleinikoff Oct 1988

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.


Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein Oct 1988

Is "Internal Consistency" Foolish?: Reflections On An Emerging Commerce Clause Restraint On State Taxation, Walter Hellerstein

Michigan Law Review

Whatever role "internal consistency" may come to play in the Court's commerce clause jurisprudence, it has already emerged as a doctrine that warrants our attention. This article traces the development of the doctrine, explores its implications, and considers its defensibility as a limitation on state taxing power. The article suggests that the results the Court reaches under the "internal consistency" doctrine could be reached by rigorous application of a more familiar commerce clause principle - one to which the Court has been less than faithful.


Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin Aug 1988

Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin

Michigan Law Review

Part I of this Note argues that the Thompson, Logan, and Hicks cases can be read narrowly to deal primarily with concern about protecting specific constitutional guarantees such as criminal procedural protections, equal protection guarantees, and first amendment freedoms. Arguably, in order to avoid dealing explicitly with the broader constitutional questions raised by the state decisions, the Court reversed the state decisions as arbitrary interpretations of state law. Part II argues that the rule against arbitrary state decisions suggested by Thompson, Logan, and Hicks is incompatible with federalism because it interferes with states' ability to develop law over state …


Neutral Principles In The 1950'S, Gary Peller Jun 1988

Neutral Principles In The 1950'S, Gary Peller

University of Michigan Journal of Law Reform

In this Essay, I explore the intellectual setting within which Wechsler believed that defending freedom also required defending the legality of racial domination. I argue that the key to understanding this apparent paradox is to grasp the ideological/ cultural complex of the 1950's within which mainstream American intellectuals in law and in other disciplines came to terms with the disintegration of the traditional, "old order" paradigms of the late nineteenth and early twentieth centuries by means of an intense and overriding distinction between controversial issues of values and noncontroversial questions of framework and structure within which substantive conflict would take …


Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner Jun 1988

Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner

Michigan Law Review

In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …


The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey Jun 1988

The Apologetics Of Suppression: The Regulation Of Pornography As Act And Idea, Steven G. Gey

Michigan Law Review

The first three parts of this article discuss in detail the relationship between the Supreme Court's obscenity rulings and the academic theories that have been offered to bolster the conclusions reached by the Court in this area. Part IV of the article considers a contrary theory of free expression that requires constitutional protection for the dissemination and possession of pornography. In this section I argue that the present efforts to ban pornography are directly linked to a tolerance model of free expression. The tolerance model, which is usually contrasted with an analytical approach characterized by Holmesian skepticism, necessarily relies upon …


Redefining The Supreme Court's Role: A Theory Of Managing The Federal Judicial Process, Robert S. Whitman May 1988

Redefining The Supreme Court's Role: A Theory Of Managing The Federal Judicial Process, Robert S. Whitman

Michigan Law Review

A Review of Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process by Samuel Estreicher and John Sexton


Constitutional Policymaking In The Burger Years, Joel B. Grossman May 1988

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

A Review of The Burger Years: Rights and Wrongs in the Supreme Court 1969-1986 by Herman Schwartz


The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi May 1988

The First Amendment And The Ideal Of Civic Courage: The Brandeis Opinion In Whitney V. California, Vincent Blasi

William & Mary Law Review

No abstract provided.


Corporations And Society: Power And Responsibility, Sara Anne Engle May 1988

Corporations And Society: Power And Responsibility, Sara Anne Engle

Michigan Law Review

A Review of Corporations and Society: Power and Responsibility edited by Warren J. Samuels and Arthur S. Miller


The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot May 1988

The Role Of State Supreme Courts In The New Judicial Federalism, Jonathan T. Foot

Michigan Law Review

A Review of The Role of State Supreme Courts in the new Judicial Federalism by Susan P. Fino