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Articles 1981 - 2010 of 2060
Full-Text Articles in Constitutional Law
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun
Publications
No abstract provided.
Who Did In The Democrats?, Bruce Ledewitz
Who Did In The Democrats?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz
An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Fourth Branch: Reviving The Nondelegation Doctrine, Craig L. Taylor
The Fourth Branch: Reviving The Nondelegation Doctrine, Craig L. Taylor
BYU Law Review
No abstract provided.
Fair Representation: Meeting The Ideal Of One Man, One Vote, Michigan Law Review
Fair Representation: Meeting The Ideal Of One Man, One Vote, Michigan Law Review
Michigan Law Review
A Review of Fair Representation: Meeting the Ideal of One Man, One Vote by Michel L. Balinski and H. Peyton Young
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Toward Increased Judicial Activism: The Political Role Of The Supreme Court, Michigan Law Review
Michigan Law Review
A Review of Toward Increased Judicial Activism: The Political Role of the Supreme Court by Arthur Selwyn Miller
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Abortion, Politics, And The Courts: Roe V. Wade And Its Aftermath, Michigan Law Review
Michigan Law Review
A Review of Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath by Eva R. Rubin
Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy
Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy
West Virginia Law Review
No abstract provided.
The Creation Of Constitutions In Canada And The United States, Richard Kay
The Creation Of Constitutions In Canada And The United States, Richard Kay
Faculty Articles and Papers
No abstract provided.
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
Publications
No abstract provided.
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Due Process, Retroactivity, And The Multiemployer Pension Plan Amendments Act Of 1980: Congress' Arbitrary Means To A Legitimate End, Eric G. Menkes
Cardozo Law Review
No abstract provided.
Empty History, Erwin Chermerinsky
Empty History, Erwin Chermerinsky
Michigan Law Review
A Review of Politics and the Constitution in the History of the United States, Volume 3: The Political Background of the Federal Convention by William Winslow Crosskey and William Jeffrey, Jr.
Where Lies Prophecy?, Bruce Ledewitz
Where Lies Prophecy?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Independence Of Canada, Brian Slattery
The Independence Of Canada, Brian Slattery
Articles & Book Chapters
Canada is in independent state and has been for many years. Its sovereign status has long been acknowledged by the international community and the courts. So the constitutional manoeuvres that culminated in the enactment of the Constitution Act, 1982, by the British Parliament, must strike any observer as a somewhat puzzling series of events. How can we explain the fact that a sovereign state should consider itself bound to employ the legislature of another sovereign state to secure for itself a new constitution? Underlying this question are a number of fundamental issues going to the foundations of the Canadian legal …
A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review
A Territorial Approach To Representation For Illegal Aliens, Michigan Law Review
Michigan Law Review
This Note rejects these arguments in favor of the thesis that the census clause affirmatively requires including illegal aliens in the census figures used to apportion representatives among the states. Part I argues that the framers intended to allocate representation among the states based on a number of considerations, including wealth, and chose total population within the territory of each state as the best measure of those considerations. Part II contends that the requirement of individual equality in voting rights does not apply to interstate comparisons of voting power. Rather, a specific structural agreement reached by the states as sovereign …
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Foreseeing Is Believing: Community Imposition Of Liability For The Acts Of “Dangerous” Former Mental Patients, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Book Review, Bruce Ledewitz
Book Review, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
The Requirement Of Death: Mandatory Language In The Pennsylvania Death Penalty Statute, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr
Political Parties Before The Bar: The Controversy Over Associational Rights, Gary L. Scott, Craig L. Carr
Seattle University Law Review
This article will discuss the scope and nature of constitutional protection to be afforded political party autonomy by the first and fourteenth amendments. The purpose of the present discussion is to review both legal and political sides of this question. Once this is done it will become clear that a party right to protected autonomy during the candidate selection process is not only founded upon solid constitutional ground but is also in keeping with sound political wisdom.
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
Making Campaign Finance Law Enforceable: Closing The Independent Expenditure Loophole, John P. Relman
University of Michigan Journal of Law Reform
This Note explores the problems posed by present attempts to define "coordination." Part I discusses generally the complexities of the coordination problem under Buckley, setting forth the rationale behind the Buckley rule and examining present efforts by Congress and the FEC to enforce the Buckley standards. Part I concludes by proposing a new definition for "coordination" designed to improve enforcement of the Buckley rule. Part II presents an alternative means for remedying the coordination problem. Rather than relying on a redefinition of coordination for proper enforcement of federal election law, this section proposes prophylactic legislation designed to regulate independent …
Prospects For Federalism, Maurice J. Holland
Prospects For Federalism, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
Affirmative Action In The Electoral Process: The Constitutionality Of The Democratic Party's Equal Division Rule, Timothy J. Hoy
University of Michigan Journal of Law Reform
Part I of this Note traces the history of affirmative action in the Democratic Party and the events preceding adoption and implementation of the equal division rule. Part II establishes that the equal division rule is subject to constitutional review. Part III presents constitutional and state statutory challenges to the equal division rule. The Note concludes that use of the equal division rule "quota" in the delegate selection process is unconstitutional.
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
University of Michigan Journal of Law Reform
This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Articles, Book Chapters, & Popular Press
In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …
Log-Rolling And Judicial Review, Michael J. Waggoner
Log-Rolling And Judicial Review, Michael J. Waggoner
Publications
No abstract provided.
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
The Uncertain Power Of The President To Execute The Laws, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley
The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley
Articles by Maurer Faculty
No abstract provided.