Social and Behavioral Sciences Commons^™

The Dormant Commerce Clause As A Way To Combat The Anti-Competitive, Anti-Transmission-Development Effects Of State Right Of First Refusal Laws For Electricity Transmission Construction, Walker Mogen

Michigan Journal of Environmental & Administrative Law

To quickly decarbonize the electricity grid, new sources of renewable energy have to be connected to the grid. To connect these sources of energy to the grid, the rate of construction of new electricity infrastructure must increase quickly. The process to construct new electricity transmission infrastructure, however, is filled with chokepoints that slow its construction. State right of first refusal laws for transmission construction are one the things slowing the build out of the grid. These laws limit which companies can construct new transmission infrastructure to utilities and other companies already operating transmission infrastructure in a state. This Note, using …

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

Articles

America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

Searching For Effective And Constitutional Responses To Homegrown Terrorists, Barbara L. Mcquade

Articles

Thank you, Brad, and thank you to the Law Review for inviting me here today. Protecting national security while honoring civil liberties is the greatest challenge of our generation. As a prosecutor, I am charged with protecting national security, and I understand the importance of protecting the public from acts of terrorism. But prosecutors are also sworn to uphold the Constitution. In fact, at the U.S. Attorney's Office, we are also charged with prosecuting violations of civil rights. So in every case, we understand how important it is to protect people's constitutional rights, such as First Amendment rights to free …

Approaching The Constitution, Don Herzog

Reviews

These are sumptuously produced, oversized volumes: one pictures them, as I suspect some shrewd accountant at the press did, decorating the shelves of lawyers' offices. Their pages are crammed full of primary texts, two columns on each page, in an alarmingly small but somehow readable typeface. Some texts are bare snippets; others wind on luxuriantly for many pages. The editors have set a cutoff point: no text from after 1835 appears. Like much else about these volumes, that decision reflects a set of theoretical commitments about the Constitution that I want to question. Not that these volumes are explicitly cast …

Environmental Regulation And The Constitution, James E. Krier

Book Chapters

Indirectly, at least, the Constitution provides the federal government with power to regulate on behalf of environ-mental quality, but it also sets limits on the power. It sets limits, likewise, on the regulatory power of the states. What it does not do, at present, is grant the ‘‘constitutional right to a clean environment’’ so avidly sought in the hey-day of environmental concern, the decade of the 1970s. Thus, the one unique aspect of the general topic consid-ered here has no doctrinal standing; the remaining aspects are matters of doctrine, but they are not unique to envi-ronmental regulation. It is quite …

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …

Protection Of Aliens By The United States, Simeon E. Baldwin

Michigan Law Review

Every country owes a duty of protection to aliens who are lawfully within its territory. "An alien friend, however transient his presence may be, is entitled to a temporary protection, and owes in return a temporary allegiance."

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …