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Articles 871 - 900 of 963

Full-Text Articles in Law and Politics

Meeting The Enemy, Robert F. Nagel Jan 1990

Meeting The Enemy, Robert F. Nagel

Publications

No abstract provided.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby Jan 1988

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

UIC Law Review

No abstract provided.


The Authoritarian Impulse In Constitutional Law, Robin West Jan 1988

The Authoritarian Impulse In Constitutional Law, Robin West

Georgetown Law Faculty Publications and Other Works

Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …


Storm Center: The Supreme Court In American Politics, Nelson P. Miller May 1987

Storm Center: The Supreme Court In American Politics, Nelson P. Miller

Michigan Law Review

A Review of Storm Center: The Supreme Court in American Politics by David M. O'Brien


On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff Jan 1987

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.


The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson Jan 1987

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.


Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt Jan 1987

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.


Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski Jan 1986

Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski

Faculty Scholarship

The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …


Impeachment In America, 1635-1805, Michigan Law Review Feb 1985

Impeachment In America, 1635-1805, Michigan Law Review

Michigan Law Review

A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull


Not-So-Critical Legal Studies, Stephen Diamond Jan 1985

Not-So-Critical Legal Studies, Stephen Diamond

Cardozo Law Review

No abstract provided.


A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland Jan 1985

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


The Jury, Seditious Libel And The Criminal Law, Thomas A. Green Jan 1984

The Jury, Seditious Libel And The Criminal Law, Thomas A. Green

Book Chapters

The seditious libel trials of the eighteenth century constitute an important chapter in the history of freedom of the press and the growth of democratic government. While much has been written about the trials and about the administration of the criminal law in eighteenth-century England, little has been said about the relationship between the libel prosecutions and the more pervasive and long-standing problems of the criminal law. We have perhaps gone too far in positing-or simply assuming-a separation between political high misdemeanors and common-run felony cases such as homicide and theft. For there were points of contact between the two: …


A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey Jan 1984

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.


Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese Jan 1984

Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese

Washington and Lee Law Review

No abstract provided.


Empty History, Erwin Chermerinsky Mar 1983

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.


The Independence Of Canada, Brian Slattery Jan 1983

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 …


The Rights Of Aliens In The 1980'S, Juan E. Mendez Jan 1982

The Rights Of Aliens In The 1980'S, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron Jan 1981

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 …


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 …


The Mccarthy Era: History As Snapshot, Michael E. Tigar Jan 1980

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato Jan 1979

Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato

Faculty Working Papers

The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of long­term uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.


New Developments In Law In The People's Republic Of China, Stanley B. Lubman Jan 1979

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Northwestern Journal of International Law & Business

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.


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 …


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.


Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland Jan 1976

Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland

Faculty Publications By Year

No abstract provided.


10. Book Iii, Vol. 4: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards Jan 1974

10. Book Iii, Vol. 4: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards

Watergate Hearings

No abstract provided.


09. Book Iii, Vol. 3: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards Jan 1974

09. Book Iii, Vol. 3: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards

Watergate Hearings

No abstract provided.


08. Book Iii, Vol. 2: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards Jan 1974

08. Book Iii, Vol. 2: Events Following The Watergate Break-In, June 20, 1972 - March 22, 1973 (Allegations Concerning Payments Of "Hush" Money To Watergate Defendants To Insure Their Silence, Offers Of Leniency And Executive Clemency, And The Making Or Causing To Be, Of False Statements To Persons Connected With An Official Investigation Of Watergate; Chronology Of Events Between February 9 And March 22, 1973), Don Edwards

Watergate Hearings

No abstract provided.


03. Book I: Events Prior To The Watergate Break-In, December 2, 1971 - June 17, 1972, Don Edwards Jan 1974

03. Book I: Events Prior To The Watergate Break-In, December 2, 1971 - June 17, 1972, Don Edwards

Watergate Hearings

No abstract provided.