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Articles 7051 - 7080 of 7921
Full-Text Articles in Supreme Court of the United States
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
University of Michigan Journal of Law Reform
In this Article, I will address this second type of lawmaking. I want to explore the ways in which the Supreme Court, in its opinions, does and can guide the conduct of lower courts, legislatures, government agencies, government employees, and the public at large. Each of these groups, and others, is likely at times to have some direct need to know what the law is. And to the extent that part of our law is set forth in the opinions of the Supreme Court, this aspect of the craft of lawmaking should not be ignored. Although it is common in …
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer
Faculty Publications
No abstract provided.
Where Do The New Scholars Learn New Scholarship?, Franklin E. Zimring
Where Do The New Scholars Learn New Scholarship?, Franklin E. Zimring
Journal of Legal Education
No abstract provided.
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Involuntary Sterilization In Virginia: From Buck V. Bell To Poe V. Lynchburg, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
The Bob Jones Case - Over To Congress, Neal Devins
The Bob Jones Case - Over To Congress, Neal Devins
Popular Media
No abstract provided.
Book Note Of Toward Increased Judicial Activism: The Political Role Of The Supreme Court, - -
Book Note Of Toward Increased Judicial Activism: The Political Role Of The Supreme Court, - -
Journal of Legal Education
No abstract provided.
Eleventh Circuit Conference, Lewis F. Powell, Jr.
Eleventh Circuit Conference, Lewis F. Powell, Jr.
Powell Speeches
No abstract provided.
Justice Brennan And The Bill Of Rights, David B. Brownhill
Justice Brennan And The Bill Of Rights, David B. Brownhill
Dissertations and Theses
The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Forgotten Points In The "Exclusionary Rule" Debate, James Boyd White
Michigan Law Review
Most contemporary discussions of the "exclusionary rule" assume or assert that this "rule" is not part of the fourth amendment, nor required by its terms, but is rather a judicial "remedy" that was fashioned to protect those rights (against unreasonable search and seizure) that actually are granted by the fourth amendment. The protection is said to work by "deterring" official violations; this is, however, an odd use of the word, for the rule does not punish violations but merely deprives the government of some of the benefits that might ensue from them, namely the use in the criminal case of …
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
The Fourth Amendment As A Device For Protecting The Innocent, Arnold H. Loewy
Michigan Law Review
Part I of this Article establishes that the government has a right to search for and seize evidence of crime. Part II develops the corollary proposition that the fourth amendment does not protect the right to secrete evidence of crime. Part III explores the impact of the reasonable expectation of privacy concept on the innocent. Part IV evaluates consent searches and their effect on the innocent. Finally, Part V considers the exclusionary rule as a device for protecting the innocent.
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
The Public's Right To Know: The Supreme Court As Pandora?, Loren P. Beth
Michigan Law Review
A Review of The Public's Right to Know: The Supreme Court and the First Amendment by David M. O'Brien
On Supreme Court Commentaries And Developing Constitutional Law, David M. O'Brien
On Supreme Court Commentaries And Developing Constitutional Law, David M. O'Brien
Michigan Law Review
A Review of The Supreme Court: Trends and Developments, Volume 3: 1980-1981 by Jesse Choper, Yale Kamisar, and Laurance Tribe
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Berger's Defense Of The Death Penalty: How Not To Read The Constitution, Hugo Adam Bedau
Michigan Law Review
A Review of Death Penalties: The Supreme Court's Obstacle Course by Raoul Berger
The Death Penalty In America, Michigan Law Review
The Death Penalty In America, Michigan Law Review
Michigan Law Review
A Review of The Death Penalty in America (Third Edition) by Hugo Adam Bedau
Equity And The Constitution, Michigan Law Review
Equity And The Constitution, Michigan Law Review
Michigan Law Review
A Review of Equity and the Constitution by Gary L. McDowell
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson
Michigan Law Review
A Review of Earl Warren: A Public Life by G. Edward White, and Super Chief: Earl Warren and His Supreme Court--A Judicial Biography by Bernard Schwartz
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Of Standards For Extra-Judicial Behavior, Russell R. Wheeler
Michigan Law Review
A Review of The Brandeis/Frankfurter Connection: The Secret Political Activities of Two Supreme Court Justices by Bruce Allen Murphy
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Louis D. Brandeis And The Progressive Tradition, Michigan Law Review
Michigan Law Review
A Review of Louis D. Brandeis and the Progressive Tradition by Melvin I. Urofsky
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
Book Review Of History Of The Supreme Court Of The United States, Volume Ii, Foundations Of Power: John Marshall, 1801-1815, William F. Swindler
William & Mary Law Review
No abstract provided.
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
The Legitimacy Debate In Constitutional Adjudication: An Assessment And A Different Perspective, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
Private Rights Of Action Under The Commodity Exchange Act - The Supreme Court Decides, 16 J. Marshall L. Rev. 307 (1983), Donna C. Leeker, James J. Moylan
Private Rights Of Action Under The Commodity Exchange Act - The Supreme Court Decides, 16 J. Marshall L. Rev. 307 (1983), Donna C. Leeker, James J. Moylan
UIC Law Review
No abstract provided.
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar
Articles
[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …
Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine
Individual Rights In The Work Place: The Burger Court And Labor Law, Theodore J. St. Antoine
Book Chapters
The Supreme Court, like other institutions, must play the part that the times demand, often with small regard for the personal predilections of its membership. The Warren Court and the Burger Court, in their respective contributions to the law of union-employer-employee relations, almost reversed the roles they might have been expected to assume. The major accomplishment of the Court in the labor area during the Warren era was a fundamental restructuring of intergovernmental relationships, while the Court's overriding concern throughout the Burger decade of the 1970s and beyond has been the defining of individual rights in the work place.
The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar
Book Chapters
In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel
Book Chapters
Richard Nixon's criticism of the Warren Court during the 1968 presidential campaign centered largely on the Court's handling of cases involving criminal rights. According to candidate Nixon, the Court had gone much too far. It had twisted the Constitution to serve its own purposes, created a maze of legal technicalities that worked only to frustrate legitimate law enforcement efforts, and so weakened "the peace forces as against the criminal forces in this country" as to be largely responsible for the sharp rise in crime that had occurred in the sixties. What had to be done, continued Nixon, was to appoint …
Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann
Functional Analysis Of The Plain-Error Rule, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
In this article, I attempt to do two things at once. First, I attempt to analyze the Supreme Court's jurisdiction to conduct "plain-error" review of state court decisions. The plain-error issue merits consideration not only because of its intrinsic interest and arguable complexity, but also because the question whether the Supreme Court is authorized to engage in plain-error review is an open one that I would like to help resolve. My second objective, however, is the more important of the two. In the context of analyzing plain-error review, what I really want to do is analyze legal analysis itself. There …
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss
Was There A Baby In The Bathwater? A Comment On The Supreme Court's Legislative Veto Decision, Peter L. Strauss
Faculty Scholarship
Examining the Supreme Court's recent decisions in the legislative veto case, Professor Strauss stresses the importance of a distinction no Justice observed between use of the veto in matters affecting direct, continuing, political, executive-congressional relations, and use of the veto in a regulatory context. Only the latter, he argues, had to be reached by the Court; and only the latter presents the constitutional difficulties that troubled the Court. The utility of the veto in the political context makes the opinions' sweep regrettable.
Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman
Antidisestablishmentarianiam: The Latest (And Longest) Word From The Supreme Court In Marsh V. Chambers, Donald L. Drakeman
Cardozo Law Review
No abstract provided.
Behind Closed Doors, Peter G. Fish