Constitutional Law Commons^™

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

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski Jan 1989

Models For A Gorbachev Constitution Of The U.S.S.R., John N. Hazard Jan 1989

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

Treaties In A Constitutional Democracy, Louis Henkin Jan 1989

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

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

Patents And The Progress Of Science: Exclusive Rights And Experimental Use, Rebecca S. Eisenberg Jan 1989

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

Approaching The Constitution, Don Herzog Oct 1988

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

Territoriality And The Perils Of Formalism, Mark P. Gergen Jun 1988

Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover May 1988

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

Why We Lost The Era, Judith L. Hudson May 1988

The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes May 1988

The Shadow Of Natural Rights, Or A Guide From The Perplexed, Hadley Arkes

Michigan Law Review

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A Review of American Constitutional Interpretation by Walter Murphy, James Fleming and William Harris, II

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Capital Punishment And The American Agenda, John Pierce Stimson May 1988

Capital Punishment And The American Agenda, John Pierce Stimson

Michigan Law Review

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A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins

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Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks May 1988

Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks

Michigan Law Review

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A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy

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The Believer And The Powers That Are, Elizabeth Ferguson May 1988

The Believer And The Powers That Are, Elizabeth Ferguson

Michigan Law Review

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A Review of The Believer and the Powers That Are by John T. Noonan, Jr.

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The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan May 1988

The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan

Michigan Law Review

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A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman

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

Constitutional Policymaking In The Burger Years, Joel B. Grossman

Michigan Law Review

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

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Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble Apr 1988

Clearing The Roadblocks To Sobriety Checkpoints, Mark R. Soble

University of Michigan Journal of Law Reform

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This Note examines the constitutional and policy implications of sobriety checkpoints. Part I discusses the competing interests involved in implementing sobriety checkpoints. Part II presents an appropriate constitutional standard for judging sobriety checkpoints. Part III proposes reform-oriented measures that conform to constitutional guidelines. This Note concludes that properly conducted sobriety checkpoints are constitutional.

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Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber Apr 1988

Preclusion And Procedural Due Process In Rule 23(B)(2) Class Actions, Mark C. Weber

University of Michigan Journal of Law Reform

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This Article examines whether Rule 23(b)(2) violates the procedural due process rights of absent class members by binding them to the judgment in a class case without notice of the suit. It concludes that the Rule almost certainly violates due process and proposes a reform that would permit nonbinding class actions similar to the old "spurious" class suits.

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A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar Feb 1988

A Job For The Judges: The Judiciary And The Constitution In A Massive And Complex Society, Neil K. Komesar

Michigan Law Review

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This article attempts that task by exploring the elements of institutional choice in constitutional law. Part I takes an overview of the general division of decisionmaking responsibility between the political processes and the courts. It also examines the failures of existing theories to take account of this division of responsibility. Part II identifies two theories of political malfunction - those circumstances in which political processes are subject to significant doubt or distrust and, therefore, prime candidates for judicial review. Part III examines the characteristics - limits, biases, and abilities - of the judiciary and the potential for judicial response to …

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Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

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Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …

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Some Modest Proposals On The Vice-Presidency, Richard D. Friedman Jan 1988

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

Articles

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There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …

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The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz Dec 1987

The 1986 And 1987 Affirmative Action Cases: It's All Over But The Shouting, Herman Schwartz

Michigan Law Review

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For the moment, the affirmative action wars are over. In a ten-year set of decisions, culminating in five during the last two terms, the Court has now legitimated almost all types of race and gender preferences, even if they benefit nonvictims, including voluntarily adopted preferences in hiring, promotion, university admissions, and government contracting; hiring and promotion preferences in consent decrees; and court-ordered hiring and promotions. It has approved preferences by both public and private bodies, and for both racial-ethnic minorities and women. It has barred only layoffs of white (and presumably male) employees who have more seniority than employees hired …

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In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman Nov 1987

In Defense Of The Constitution's Judicial Impeachment Standard, Melissa H. Maxman

Michigan Law Review

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This Note explores the traditional interpretation of the Constitution's impeachment provisions in light of the demands of Judges Claiborne's, Nixon's, and Hastings' cases. Part I describes the signals indicating analytical shortcomings, and thus the need for reexamination of the provisions as currently construed. It shows that the troubling results of the recent standard allowing criminal prosecution before impeachment are apparent to both the courts and the Congress. Part II analyzes the meaning and purpose of the constitutional language, and the recent policy challenges to it. This part shows that, in fact, the impeachment provisions were carefully chosen by the Constitution's …

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Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg Oct 1987

Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg

Michigan Law Review

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Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …

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Dormant Commerce Clause Claims Under 42 U.S.C. § 1983: Protecting The Right To Be Free Of Protectionist State Action, Gregory A. Kalscheur Oct 1987

Dormant Commerce Clause Claims Under 42 U.S.C. § 1983: Protecting The Right To Be Free Of Protectionist State Action, Gregory A. Kalscheur

Michigan Law Review

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This Note will attempt to show that some commerce clause violations should give rise to cognizable section 1983 claims. Two fundamental questions will be addressed: Is the commerce clause the source of any "rights, privileges, or immunities secured by the Constitution?" and if so, Does section 1983 protect whatever "rights, privileges, or immunities" grow out of the commerce clause? Part I will describe the present status of authority on this issue and argue that none of the conflicting opinions have adequately addressed the fundamental questions involved. Part II will demonstrate that the commerce clause does indeed protect a "right[], privilege[ …

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