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United States Supreme Court

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Articles 151 - 163 of 163

Full-Text Articles in Legal History

Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu Apr 1979

Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu

Michigan Law Review

This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …

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Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff Jan 1976

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

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Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

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

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Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler Mar 1972

Book Review Of History Of The Supreme Court Of The United States Volumes I And Vi, William F. Swindler

William & Mary Law Review

No abstract provided.

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Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland Mar 1971

Friedman And Israel: The Justices Of The United States Supreme Court, 1789-1969: Their Lives And Major Opinions, Philip B. Kurland

Michigan Law Review

A Review of The Justices of the United States Supreme Court, 1789-1969: Their Lives and Major Opinions edited by Leon Friedman and Fred L. Israel

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The Warren Court And The Political Process, William M. Beaney Dec 1968

The Warren Court And The Political Process, William M. Beaney

Michigan Law Review

Our complex political system creates endless opportunity to debate the proper roles and powers of each of our principal political institutions. Students of the Supreme Court who quarrel over the proper role of the Court sometimes forget that the powers of the President and the proper place of Congress have also been subject to fierce controversy throughout our history, and that the political tension between the national government and the states has provided a persistent theme from the beginning of the Republic. It must never be forgotten that the system provided by the Framers was not designed to produce efficient …

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The Supreme Court And The People, Everett Mckinley Dirksen Mar 1968

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 …

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A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

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The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner Jan 1959

The History And Role Of A Supreme Court In A Federal System, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

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Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard Jun 1956

Rodell: Nine Men: A Political History Of The Supreme Court Of The United States From 1790 To 1955, Robert L. Howard

Michigan Law Review

A Review of Rodell: Nine Men: A Political History of the Supreme Court of the United States from 1790 to 1955. By Fred Rodell.

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Supreme Court's Theory Of A Direct Tax, J H. Riddle May 1917

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 …

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Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus Jan 1914

Corporations And Express Trusts As Business Organizations, Horace Lafayette Wilgus

Articles

PRESIDENT BUTLER of Columbia University is reported to have said in an address before the New York Chamber of Commerce in 1911, that "the limited liability corporation is the greatest single discovery of modem times, whether you judge it by its social, by its ethical, by its industrial, or, in the long run--after we understand it and know how to use it,--by its political, effects." 1

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Limits To State Control Of Private Business, Thomas M. Cooley Dec 1877

Limits To State Control Of Private Business, Thomas M. Cooley

Articles

The present purpose is to inquire whether, in the matter of the regulation of property rights and of business, legislation has not of late been occupying doubtful, possibly unconstitutional grounds. The discussion in the main must be limited to fundamental.-principles, aided by such light as legal and constitutional history may throw upon them, since the express provisions of the constitutions can give little assistance. They always contain the general guaranty of due process of law to life, liberty, and property, but in other particulars they for the most part leave protection to principles which have come from the common law. …

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