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Articles 901 - 928 of 928

Full-Text Articles in Law and Politics

Policymaking And Politics In The Federal District Courts, Michigan Law Review Feb 1985

Policymaking And Politics In The Federal District Courts, Michigan Law Review

Michigan Law Review

A Review of Policymaking and Politics in the Federal District Courts by Robert A. Carp and C.K. Rowland

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

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.

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0413: Mason Co., W. Va. Court Records, 1805-1890, Marshall University Special Collections Jan 1985

0413: Mason Co., W. Va. Court Records, 1805-1890, Marshall University Special Collections

Guides to Manuscript Collections

Assorted records of the county and circuit courts discarded when the old courthouse was razed, ca. 1955. Included are estate appraisals, school house plans, wolf scalp claims and oaths of allegiance. Also included in this collection is accession 0473, composed of photo reproduction of marriages, 1806-1850, and the Register of Free Negroes, 1838-1860.

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The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review Jun 1983

The Courts' Inherent Power To Compel Legislative Funding Of Judicial Functions, Michigan Law Review

Michigan Law Review

Litigation results when the legislative branch contests the inherent power order. Because judicial compulsion of legislative action must derive from constitutional authority, and because of the practical and doctrinal challenges such litigation presents, many courts have struggled to resolve these cases in a principled fashion. This Note defends the inherent power doctrine, but argues that current judicial approaches to its application have failed to confront squarely the central issues raised by inherent power orders. The Note advocates an alternative procedure for defining the legitimate scope of judicial authority to compel appropriations on its own behalf. Part I examines the constitutional …

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The Politics Of Judicial Reform, Michigan Law Review Mar 1983

The Politics Of Judicial Reform, Michigan Law Review

Michigan Law Review

A Review of The Politics of Judicial Reform edited by Philip L. Dubois

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The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau Oct 1981

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 …

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The Distrust Of Politics, Terrance Sandalow Jan 1981

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

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The Burger Court And "Our Federalism", Henry Paul Monaghan Jan 1980

The Burger Court And "Our Federalism", Henry Paul Monaghan

Faculty Scholarship

Dicey derided federal government as "weak government;" others have found genius lurking in its institutional arrangements. But most students, as Professor S. R. Davis's illuminating little book makes clear, have considerable difficulty in identifying what federal government is, whether the concept is approached analytically, legally, descriptively or normatively. American lawyers are not inclined to pursue such inquiries too far. For, like Justice Black, they are concerned only with "Our Federalism" and, like Justice Stewart and obscenity, they know it when they see it. Moreover, American lawyers have, in large measure, confined their attention to one specific component of "Our Federalism;" …

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A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock Jan 1979

A Personal View Of Justice Benjamin N. Cardozo: Recollections Of Four Cardozo Law Clerks, Joseph L. Rauh Jr., Melvin Siegel, Ambrose Doskow, Alan M. Stroock

Cardozo Law Review

A personal view of Justice Benjamin N. Cardozo and his approach to the law is perhaps best provided by those who worked under his direct tutelage. Four men who served as law clerks to the Justice during his six year term on the Supreme Court agreed to share their reflections on that experience in this commemorative volume. Joseph Rauh, the Justice's last law clerk, wrote first; his recollections were then circulated among the other three: Melvin Siegel, Ambrose Doskow and Alan M. Stroock. Their responses to Mr. Rauh's memories of the Justice and his judicial style present intriguing contrasts and …

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Urban Politics And The Criminal Courts, Milton Heumann Nov 1977

Urban Politics And The Criminal Courts, Milton Heumann

Michigan Law Review

A Review of Urban Politics and the Criminal Courts by Martin A. Levin

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Can/Should Computers Replace Judges?, Anthony D'Amato Jan 1977

Can/Should Computers Replace Judges?, Anthony D'Amato

Faculty Working Papers

Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.

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Separation, Politics And Judicial Activism, Wallace Mendelson Jan 1977

Separation, Politics And Judicial Activism, Wallace Mendelson

Indiana Law Journal

Symposium: Separation of Powers

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The Unconstitutionality Of Limitations Upon Donations To Political Committees In The 1976 Federal Election Campaign Act Amendments, David Skover Jan 1977

The Unconstitutionality Of Limitations Upon Donations To Political Committees In The 1976 Federal Election Campaign Act Amendments, David Skover

Faculty Articles

The Supreme Court's decision in Buckley v. Valeo partially dismantled the electoral reform program formulated in the 1974 Amendments to the Federal Election Campaign Act of 1971. The Court declared that the Act's limitations on expenditures by candidates and independent expenditures in federal elections unconstitutionally burdened political speech and association, while it upheld restrictions on contributions to candidates. After five months of deliberation, Congress attempted to salvage its design for electoral reform by enacting the Federal Election Campaign Act Amendments of 1976. Responding to Buckley's approval of restrictions on political contributions, Congress imposed new limits on "contributions" to political committees. …

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The Politics Of Federal Judicial Administration, Paul D. Carrington Jan 1974

The Politics Of Federal Judicial Administration, Paul D. Carrington

Michigan Law Review

A Review of The Politics of Federal Judicial Administration by Peter Graham Fish

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Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow Jan 1969

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.

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Notes For Law Day Speech, Lewis F. Powell Jr. May 1966

Notes For Law Day Speech, Lewis F. Powell Jr.

Powell Speeches

Speech delivered at Richmond Kiwanis Club, Richmond, Virginia.

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The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii Mar 1966

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …

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Law And Politics In The Supreme Court, By Martin Shapiro, Edwin W. Tucker Jan 1966

Law And Politics In The Supreme Court, By Martin Shapiro, Edwin W. Tucker

Indiana Law Journal

No abstract provided.

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In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman Jul 1960

In Quest Of Freedom: American Political Thought And Practice, By Alpheus T. Mason And Richard H. Leach; The Supreme Court In A Free Society, By Alpheus T. Mason And William M. Beaney, Charles S. Hyneman

Indiana Law Journal

No abstract provided.

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Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman Apr 1957

Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman

Michigan Law Review

Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …

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Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton Dec 1952

Judicial Reform In Michigan Between Two Constitutions, 1835-1850, Clark F. Norton

Michigan Law Review

The first fifteen years of Michigan's existence as a state were marked by much experimentation and change in state government. In this short period two state constitutions, a basic constitutional amendment, two general revisions of the statutes, and numerous fundamental laws were enacted and put into effect. Both the legislative and executive branches underwent extensive renovation in these years, but it was the state court system in particular that was subjected to constant pressure for alteration and which was most radically modified, both in structure and procedure.

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Soviet Socialism And Due Process Of Law, John N. Hazard Jun 1950

Soviet Socialism And Due Process Of Law, John N. Hazard

Michigan Law Review

An eminent American legal philosopher has recently written in the pages of this Review that Soviet leaders have discovered some ancient truths-namely, that some respect must be paid, sooner or later, to the principle of legality. In the light of various memoirs and disclosures of persons who have experienced or studied life in Soviet labor camps, such a statement invites incredulity. Can it have any basis in fact? Can it be possible that there is a dualism in Soviet practice, with one set of experiences supporting the conclusion that there is a trend toward legality and another set of experiences …

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International Law-International Court Of Justice-Advisory Opinions-Admission To Membership In The United Nations, William C. Gordon Jun 1949

International Law-International Court Of Justice-Advisory Opinions-Admission To Membership In The United Nations, William C. Gordon

Michigan Law Review

The International Court of Justice is the principal judicial organ of the United Nations, and the Statute of the Court forms an integral part of the United Nations Charter. The Court is essentially a continuation of the Permanent Court of International Justice, which operated in connection with the League of Nations. Like its predecessor, the Court is composed of fifteen judges, nominated in a manner designed to ensure impartiality and elected by the General Assembly and the Security Council voting separately upon a list of nominees.

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Italian Administrative Courts Under Fascism, Paul B. Rava Mar 1942

Italian Administrative Courts Under Fascism, Paul B. Rava

Michigan Law Review

Observers not wholly familiar with the administration of the present government of Italy are generally surprised by the fact that the Council of State, the supreme administrative court, is still an operating body after more than eighteen years of blackshirt revolution and domination. It seems strange that a dictator should have preserved this agency, which was established in order to bring justice into public administration, and which rapidly became the principal guardian of individual rights against administrative arbitrariness. One asks how the Council of State can, in a totalitarian state, continue to exercise its functions of administrative court and of …

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Politics And Judicial Administration, Maurice E. Crites Dec 1937

Politics And Judicial Administration, Maurice E. Crites

Indiana Law Journal

No abstract provided.

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Congress And The Courts, Silas H. Strawn Jun 1936

Congress And The Courts, Silas H. Strawn

Indiana Law Journal

No abstract provided.

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The Courts, The Press, And The Public, Stuart H. Perry Dec 1931

The Courts, The Press, And The Public, Stuart H. Perry

Michigan Law Review

It was with especial gratification that I accepted this invitation to speak. It is a pleasure to be with you, and it affords me an opportunity to contribute to a discussion of matters that are of great importance to your profession and my own and to the public. Perhaps I should not thus separate myself from your profession. I am still at least nominally a member of the bar, and though it is many years since I last appeared in court I have a keen and sympathetic interest in legal matters and enjoy my contacts with the bench and bar …

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The Russian Reinsurance Case, Edwin D. Dickinson Oct 1925

The Russian Reinsurance Case, Edwin D. Dickinson

Articles

Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …

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