Law and Politics Commons^™

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

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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

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

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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

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

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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 …

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.

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.

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.

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 …

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 …

Constitutionalism, Bureaucracy, And Corporatism, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

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

Articles by Maurer Faculty

No abstract provided.

Book Review, Robert F. Nagel

Publications

No abstract provided.

Kurland : Watergate And The Constitution, Rex E. Lee

BYU Law Review

No abstract provided.

Executive Privilege, Congressional Subpoena Power, And Judicial Review: Three Branches, Three Powers, And Some Relationships, Rex E. Lee

BYU Law Review

No abstract provided.

Elrod V. Burns: Chipping At The Iceberg Of Political Patronage

Washington and Lee Law Review

No abstract provided.

Constitutional Law--Libel And Slander--Defamation Of Political Candidates, David John Romano

West Virginia Law Review

No abstract provided.

Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher

Journal Articles

From the Introduction:

"This report adheres as much as possible to the form and structure of the first two surveys. Thus, we begin this report with an overview of recent presidential elections and a discussion of the American electoral process. The article then moves on to a treatment of changes in federal-state relations, government organization, the distribution of power among the branches and levels of government, and constitutional law as judicially defined. Unlike the previous reports, however, we have devoted nearly half of this survey to recent public policy in the area of civil rights. This extensive treatment of civil …

The Nixon Pardon: Limits On The Benign Prerogative, Hugh Macgill

Faculty Articles and Papers

No abstract provided.

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Publications

No abstract provided.

White V. Regester, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Executive Orders And The Development Of Presidential Power, William Hebe

Villanova Law Review (1956 - )

No abstract provided.

Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.

Scholarly Works

Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …

Politics And Jurisprudence In West Germany: State Financing Of Political Parties, Donald P. Kommers

Journal Articles

The relationship between political parties and representative government has been an important consideration in the constitutional jurisprudence of the Federal Republic of Germany. The Federal Constitutional Court has gone further than any other constitutional tribunal in the West to promote a free and competitive party system, and the Court’s decisions affecting the status of parties under the Basic Law, especially those having to do with party finance, are a marvelous illustration of the interplay between politics and law. The Federal Constitutional Court’s decision in 1966 to invalidate a federal plan for subsidizing political parties is a good example of the …