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Articles 481 - 510 of 519
Full-Text Articles in Constitutional Law
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
The Proposed Twenty-Seventh Amendment: A Brief, Supportive Comment, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Procedure Of State Constitutional Change -- With Special Emphasis On The South And Florida, Albert L. Strum
The Procedure Of State Constitutional Change -- With Special Emphasis On The South And Florida, Albert L. Strum
Florida State University Law Review
No abstract provided.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.
Fordham Urban Law Journal
Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Constitutional Rights And Land Use Planning: The New And The Old Reality, Robert R. Wright
Law Faculty Scholarship
No abstract provided.
Examen De La Asamblea De Guáimaro, Juan Jiménez Pastrana
Examen De La Asamblea De Guáimaro, Juan Jiménez Pastrana
Mario Diaz Cruz Pamphlets
Centenario
The Taney Period, 1836-64, David S. Bogen
The Compulsory Process Clause, Peter Westen
The Compulsory Process Clause, Peter Westen
Michigan Law Review
Part I of this article traces the history of compulsory process, from its origin in the English transition from an inquisitional to an adversary system of procedure to its eventual adoption in the American Bill of Rights. Part II examines the Supreme Court's seminal decision in Washington v. Texas, which recognized after a century and a half of silence that the compulsory process clause was designed to enable the defendant not only to produce witnesses, but to put them on the stand and have them heard. Part III studies the implications of compulsory process for the defendant's case, from the …
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar
Articles
For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Book Review: Antecedents And Beginnings To 1801, David S. Bogen
Faculty Scholarship
No abstract provided.
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
Separation Of Powers: Congrssional Riders And The Veto Power, Richard A. Riggs
University of Michigan Journal of Law Reform
It has been suggested that in order to avoid this potential crisis statutory authority to veto nongermane riders be granted to the President. One author has contended that no such statute is needed, that the President presently has such power under Article I, Section 7 of the Constitution. On the other hand, bills have been introduced in both houses of Congress which might have specifically denied that power to the President. This article examines whether there is any constitutional ground on which the President could take the unprecedented action of separately vetoing congressional riders.
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
Article V: Changing Dimensions In Constitutional Change, Francis H. Heller
University of Michigan Journal of Law Reform
To anyone raised under the Constitution of the United States, that document's declaration that it is "the supreme law of the land" may appear as a commonplace assertion. In some other nations the constitution is not viewed as law, but is seen as a primarily political document. In fact, some foreign constitutions are formally proclaimed to be "political constitutions." The writers of the American Constitution were well aware that they were engaged in fashioning an arrangement for the exercise of political functions and the peaceful adjustment of political conflict. And, however much validity there continues to be to de Tocqueville's …
Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen
Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen
Faculty Scholarship
No abstract provided.
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Michigan Law Review
A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard
Conscription And The Constitution: The Original Understanding, Leon Friedman
Conscription And The Constitution: The Original Understanding, Leon Friedman
Michigan Law Review
The general words of the Constitution-famous phrases such as "due process," "freedom of speech," "interstate commerce," and "raise and support armies"-are not self-evident concepts. As Justice Frankfurter said, "The language of the [Constitution] is to be read not as barren words found in a dictionary but as symbols of historic experience illumined by the presuppositions of those who employed them. Not what words did Madison and Hamilton use, but what was it in their minds which they conveyed?" While the framers obviously could not have foreseen the discovery of electromagnetic radio waves or atomic energy, and had no "intent" concerning …
Levy: Origins Of The Fifth Amendment, O. John Rogge
Levy: Origins Of The Fifth Amendment, O. John Rogge
Michigan Law Review
A Review of Origins of the Fifth Amendment by Leonard W. Levy
The Supreme Court And The People, Everett Mckinley Dirksen
The Supreme Court And The People, Everett Mckinley Dirksen
Michigan Law Review
There is only one circumstance, as I read the Constitution, which authorizes the federal government to intrude or interfere with the governmental structure of a state. That would occur under the provisions of section 4 of article IV, which, in pertinent part, state: "The United States shall guarantee to every State in this Union a Republican form of Government .... " This was the question, if indeed there was a federal question, to be determined in the earlier Baker v. Carr and the reapportionment cases. To rely on the fourteenth amendment for authority to establish by judicial decree a new …
The Alternative Amendment Process: Some Observations, Paul G. Kauper
The Alternative Amendment Process: Some Observations, Paul G. Kauper
Michigan Law Review
The alternative method of formal amendment of the Constitution raises unresolved questions of interpretation. As a contribution to the formulation of procedures for the implementation of this method Senator Ervin has introduced a bill dealing with the matter in considerable detail. In dealing with the subject I propose to discuss not only the convention procedure provided in article V, and in this connection point up some considerations respecting Senator Ervin's bill, but also some basic questions relating to the formal amendment process and the role assumed by the Supreme Court in the process of constitutional change.
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.
Michigan Law Review
Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …
Emerson: Political And Civil Rights In The United States, T. A. Smedley
Emerson: Political And Civil Rights In The United States, T. A. Smedley
Michigan Law Review
A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Villanova Law Review (1956 - )
No abstract provided.
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review (1956 - )
No abstract provided.
Law Enforcement States Its Views, John Edgar Hoover
Law Enforcement States Its Views, John Edgar Hoover
Villanova Law Review (1956 - )
No abstract provided.
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review (1956 - )
No abstract provided.
Proof By Confession, O. John Rogge
Proof By Confession, O. John Rogge
Villanova Law Review (1956 - )
No abstract provided.
Legal Idealism And Constitutional Law, James A. Gardner
Legal Idealism And Constitutional Law, James A. Gardner
Villanova Law Review (1956 - )
No abstract provided.
The Constitutional Status Of The Indiana Sunday Closing Law
The Constitutional Status Of The Indiana Sunday Closing Law
Indiana Law Journal
No abstract provided.
God In The Constitution, Robert T. Donley
God In The Constitution, Robert T. Donley
West Virginia Law Review
No abstract provided.
States And Foreign Relations, John M. Matthews
States And Foreign Relations, John M. Matthews
Michigan Law Review
The conduct of a nation's foreign relations may be affected to a considerable extent by its internal governmental organization. Generally speaking, a more energetic and effective foreign policy is possible for a nation whose government is characterized by unity and coherence. This is true not only with reference to the relations between the -departments of the central government, but also with reference to the relations between the central government and the local or state governments. In countries whose government is based on the federal plan, therefore, an important question to be considered is that as to the extent, if any, …
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
History Of Michigan Constitutional Provision Prohibiting A General Revision Of The Laws, W L. Jenks
Michigan Law Review
Alone among the states of the Union, Michigan has, since i85o, pr6hibited any general revision of the laws and permits only a compilation of laws in force without alteration. As practically all the neighboring states, as well as New York, from which much of the early legislatiorf of Michigan was derived, have continued to revise their statutes from time to time, it may be interesting to see why Michigan alone has thought it desirable not only to stop the practice which it followed until I85o, but to prevent effectually its legislature from ever attempting it in the future.
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Supreme Court's Theory Of A Direct Tax, J H. Riddle
Michigan Law Review
The decision of the United States Supreme Court in the Pollock case of 1895 was the beginning of an attempt on the part of the court to formulate a new definition of a direct tax, and since that time in every case which has called for a decision as to whether a particular tax was a direct tax the court has reverted to and tried to harmonize its decision with the reasoning set forth in the Pollock case. This decision overturned a fairly definite and universally accepted definition of a direct tax which had existed for nearly a century. In …