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Articles 481 - 510 of 519
Full-Text Articles in Rule of Law
Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne
Making The Law Safe For Democracy: A Review Of "The Law Of Democracy Etc.", Burt Neuborne
Michigan Law Review
Henry Hart began his 1964 Holmes Lectures by asking what a "single" would be without baseball. We rolled our eyes at that one, reveling in the maestro's penchant for the occult. As usual, though, Professor Hart was trying to tell us groundlings something precious. He was warning us that conventional legal thinking, by stressing rigorous deconstructive analysis, can obscure an important unity in favor of components that should be analyzed, not solely as freestanding phenomena, but as part of the unity. Without recognition of the unity, analysis of the components risks being carried on in a normative vacuum that will …
The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
The Judges V. The People: Judicial Independence And Democratic Ideals, Abner J. Mikva
Cardozo Law Review
No abstract provided.
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
The Pentagon Papers Case And The Path Not Taken: A Personal Memoir On The First Amendment And The Separation Of Powers, Joel M. Gora
Cardozo Law Review
No abstract provided.
Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller
Clint Eastwood And Equity: Popular Culture's Theory Of Revenge, William I. Miller
Book Chapters
Revenge is not a publicly admissible motive for individual action. Church, state, and reason all line up against it. Officially revenge is thus sinful to the theologian, illegal to the prince, and irrational to the economist (it defies the rule of sunk costs). Order and peace depend upon its extirpation; salvation and rational political and economic arrangements on its denial. The official antivengeance discourse has a long history even preceding the Stoics, taken up and elaborated by medieval churchmen and later by the architects of state building.
Transcript Of Question And Answer Session
Justices At Work: An Introduction, Michel Rosenfeld
Justices At Work: An Introduction, Michel Rosenfeld
Cardozo Law Review
"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Ex Post Facto Laws: Supreme Court New York County People V. Griffin (Decided December 5, 1996
Touro Law Review
No abstract provided.
Hermann Heller - An Introduction, David Dyzenhaus
Hermann Heller - An Introduction, David Dyzenhaus
Cardozo Law Review
Hermann Heller (July 17, 1891 - November 4, 1933) came from a Jewish family in the Austro-Hungarian Empire. He interrupted his law studies to volunteer for service in the Austrian army during the First World War. His experiences as a front-line fighter left him with a heart condition which contributed to his death at the age of forty-two. But his poor health did not dampen his deeply combative spirit-a spirit which he put at the service of German social democracy. In March 1920, together with Gustav Radbruch (who had just successfully promoted Heller's Habilitation, his senior doctorate, at Kiel), …
From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman
From Slaves To Citizens: African-Americans, Rights Consciousness, And Reconstruction, Donald G. Nieman
Cardozo Law Review
Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. "Gentlemen," he remarked, "we have lived over a century in the last ten years." Corbin did not exaggerate. The Civil War and Reconstruction years witnessed changes as revolutionary as any the nation has ever experienced. And nowhere were the changes as sweeping as in the realm of constitutional law.
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Ethics Under Slavery’S Constitution: Edward Loring And William Wetmore Story, Ruth Wedgwood
Cardozo Law Review
We can greatly admire Paul Finkelman's paper on the rendition of Anthony Burns in 1854 and the problematic role played by Judge Edward Loring in returning Burns to Southern bondage. Professor Finkelman draws thoughtfully from original source materials of this famous case in the harnessing of political feeling against slavery, including the diary of Richard Henry Dana, the papers of Senator Charles Sumner, and the records of Harvard College.
The Color Of Money, Paul F. Campos
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile
Articles
The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Scholarly Works
No abstract provided.
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Law As Discourse: Bridging The Gap Between Democracy And Rights, Michel Rosenfeld
Articles
No abstract provided.
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos
University of Michigan Journal of Law Reform
Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson
Articles
The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.
Understanding Legal Compliance, V. Lee Hamilton
Understanding Legal Compliance, V. Lee Hamilton
Michigan Law Review
A Review of Why People Obey the Law by Tom R. Tyler
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Foreword: Racist Speech On Campus, Kingsley R. Browne
Foreword: Racist Speech On Campus, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Algorithmic Justice, Alan Wolfe
Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro
Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro
Michigan Law Review
The legal storytelling theme that is the focus of this symposium is part of a larger, ongoing intellectual movement. American legal scholarship of the past several decades has revealed deep dissatisfaction with the abstract and collective focus of law and legal discourse. The rebellion against abstraction has, of late, been characterized by a "call to context." One strand of this complex body of thought argues that law should concern itself more with the concrete lives of persons affected by it. One key word in the dialogue is the term "empathy," which appears frequently in the work of critical legal studies, …
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Protection Of Civil Rights: A Constitutional Mandate For The Federal Government, Julius Chambers
Michigan Law Review
A Review of Federal Law and Southern Order: Racial Violence and Constitutional Conflict in the Post-Brown South by Michal Belknap
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
Cardozo Arts & Entertainment Law Journal
No abstract provided.
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
On The Indeterminacy Crisis: Critiquing Critical Dogma, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Critical legal scholarship challenges the liberal claim that modern western societies are characterized by "the rule of law." The liberal conception of the rule of law, critical scholars contend, serves to mystify and legitimate the legal system and thereby obscure the real issues behind individual cases as well as the real nature of the legal system. Frequently, the claim that legal rules are indeterminate is the starting point for such a critique of the rule of law. What I call the indeterminacy thesis goes roughly like this: the existing body of legal doctrines-statutes, administrative regulations, and court decisions-permits a judge …
The Sedition Of Free Speech, Lee C. Bollinger
The Sedition Of Free Speech, Lee C. Bollinger
Michigan Law Review
A Review of When Government Speaks: Politics, Law, and Government Expression in America by Mark G. Yudof
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
"No Soul To Damn: No Body To Kick": An Unscandalized Inquiry Into The Problem Of Corporate Punishment, John C. Coffee Jr.
Michigan Law Review
Because this Article's arguments are interwoven, a preliminary roadmap seems advisable. First, Section I will examine three perspectives on corporate punishment and will develop several concepts in terms of which corporate penalties should be evaluated. Although this analysis will suggest several barriers to effective corporate deterrence, Section II will explain why a sensible approach to corporate misbehavior still must punish the firm as well as the individual decision- maker. Section III will then evaluate three proposed approaches: (1) the "equity fine,'' (2) the use of adverse publicity, and (3) the fuller integration of public and private enforcement. In addition, it …
Government Information And The Rights Of Citizens, Michigan Law Review
Government Information And The Rights Of Citizens, Michigan Law Review
Michigan Law Review
This Project delineates the federal and state responses to these two fundamental societal concerns. The course of the discussion suggests the vitality of these concerns, and the flexibility and continuing development of the governmental responses. Clearly, the interests in maximizing disclosure of government-held information and minimizing the handling and dissemination of unnecessary or inaccurate personal information can conflict. The contours of this conflict, only intimated herein, will doubtless become more bold with the maturation of the opposing statutory schemes.
Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller
Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller
BYU Law Review
No abstract provided.
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Fortas: Concerning Dissent And Civil Disobedience, Terrance Sandalow, Michael E. Tigar
Michigan Law Review
A Review of Concerning Dissent and Civil Disobedience by Abe Fortas
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Friendly & Goldfarb: Crime An Publicity: The Impact Of News On The Administration Of Justice, Francis C. Sullivan
Michigan Law Review
A Review of Crime and Publicity: The Impact of News on the Administration of Justice by Alfred Friendly and Ronald L. Goldfarb