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Articles 2881 - 2910 of 3212
Full-Text Articles in Constitutional Law
Equity And The Constitution, Michigan Law Review
Equity And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Equity and the Constitution by Gary L. McDowell
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Michigan Law Review
A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger
The Death Penalty In America, Michigan Law Review
The Death Penalty In America, Michigan Law Review
Michigan Law Review
A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr
Faculty Publications
The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …
Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman
Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman
Cardozo Law Review
No abstract provided.
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations, Part Ii: Reflections On Asarco And Woolworth, Walter Hellerstein
Michigan Law Review
The first part of this Article, State Income Taxation of Multijurisdictional Corporations: Reflections on Mobil, Exxon, and H.R. 5076, did not contemplate a sequel. The Supreme Court's decisions last term in two state corporate income tax cases, however, created an irresistible opportunity to write one. The Court's opinions in ASARCO and Woolworth picked up where its opinions in Mobil and Exxon left off. Yet the direction taken by these more recent decisions veers sharply from the course ostensibly set by their predecessors. This Article will consider the Court's latest pronouncements in this area in a continuing if quixotic effort to …
Zant V. Stephens, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Barefoot V. Estelle, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Book Notes, Roger C. Cramton, Barbara Marshment
Book Notes, Roger C. Cramton, Barbara Marshment
Journal of Legal Education
No abstract provided.
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Stone V. Powell And The Effective Assistance Of Counsel, Michigan Law Review
Michigan Law Review
Part I briefly identifies the considerations underlying the Stone Court's decision to limit habeas corpus review of fourth amendment claims. Part II then argues against applying Stone to the sixth amendment claim. After establishing the analytic difference between the two constitutional claims and examining Stone's "opportunity for full and fair litigation" standard, it concludes that Stone is fully consistent with free review of habeas corpus petitions alleging incompetent handling of fourth amendment questions. Finally, responding to a popular interpretation of Stone, Part II demonstrates that the possibility that ineffectiveness claims may not further the determination of a defendant's …
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
Applying Criticisms Of The Warren Court To The Burger Court: A Case Study Of Richmond Newspapers, Inc. V. Virginia, Erwin O. Switzer
University of Arkansas at Little Rock Law Review
No abstract provided.
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Charles Black's Rediscovery Of The Ninth Amendment, And What He Found There, Russell L. Caplan
Michigan Law Review
A Review of Decision According to Law by Charles L. Black, Jr.
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
The Assertion Of Constitutional Jus Tertii: A Substantive Approach, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
Involuntary Commitment: The Move Toward Dangerousness, 15 J. Marshall L. Rev. 83 (1982), Robert Weissbourd
UIC Law Review
No abstract provided.
The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady
The Navigation Easement And Unjust Compensation, 15 J. Marshall L. Rev. 357 (1982), James M. Brady
UIC Law Review
No abstract provided.
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
The Federal Speedy Trial Act: Stampede Into Ambush, 16 J. Marshall L. Rev. 27 (1982), Robert L. Doyel
UIC Law Review
No abstract provided.
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Book Chapters
During the 1960s, the Warren Court's decisions in the field of criminal procedure were strongly denounced by many prosecutors, police officers, and conservative politicians. Some of these critics were careful in their description of the Warren Court's record. Others let their strong opposition to several of the Court's more highly publicized decisions destroy their perception of the Court's work as a whole.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
Book Chapters
If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Judicial Review And The President's Statutory Powers, Harold H. Bruff
Publications
No abstract provided.
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus
Faculty Publications
The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag
Publications
No abstract provided.
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
Constitutional Law: Congressional Plenary Power Over Indian Affairs--A Doctrine Rooted In Prejudice, Irene K. Harvey
American Indian Law Review
No abstract provided.
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Codifying The First Amendment: New York V. Ferber, Frederick Schauer
Faculty Publications
No abstract provided.
Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer
Legitimate Interests In Multistate Problems: As Between State And Federal Law, Lea Brilmayer
Michigan Law Review
This Article examines that common ground, analyzing the roles of state policy interests and contacts in defining constitutional limits. It concentrates particularly on one paradoxical aspect of the interaction between federal and state law. While the scope of constitutional limits on application of forum law is necessarily a federal issue, constitutional analysis simultaneously defers in some unspecified way to state policy. This is because federal choice-of-law questions frequently tum on the existence of a state policy interest that legitimizes the application of state law. The resulting interdependence of the federal and state issues would seemingly empower state legislatures and courts …
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Griffin V. California: Still Viable After All These Years, Craig M. Bradley
Michigan Law Review
In a recent article in the Michigan Law Review, Donald Ayer levels a series of attacks on the Griffin decision. Specifically, he maintains that the decision is at once too broad, because it requires "almost automatic reversal where there are any remarks explicitly focused on the defendant's silence and the inference of guilt to be drawn from it" regardless of the strength of the prosecution's case, and too narrow, because it fails to prevent the natural prejudice against the nontestifying defendant that may arise in the minds of the jurors without any encouragement from prosecutor or judge. Ayer also …
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Constitutional Adjudication: Deciding When To Decide, Carl Mcgowan
Michigan Law Review
A Review of Judicial Review And The National Political Process: A Functional Reconsideration of the Role of the Supreme Court by Jesse H. Choper
Constitutional Interpretation, Terrance Sandalow
Constitutional Interpretation, Terrance Sandalow
Articles
"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …