Michigan Law Review Online最新文献

Reassessing American Democracy: The Enduring Challenge of Racial Exclusion 重新评估美国民主:种族排斥的持久挑战

Michigan Law Review Online Pub Date : 2020-06-11 DOI: 10.2139/ssrn.3270909

Johanna Kalb, Didi Kuo

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引用次数: 3

Progressive Textualism in Administrative Law 行政法中的进步文本主义

Michigan Law Review Online Pub Date : 2020-01-18 DOI: 10.36644/mlr.online.118.progressive

K. Kovacs

引用次数: 1

A Prudential Take on a Prudential Takings Doctrine 审慎对待审慎征收原则

Michigan Law Review Online Pub Date : 2018-10-05 DOI: 10.36644/mlr.online.117.prudential

K. Crocker

引用次数: 0

The Republic in Long-Term Perspective 长期视角下的共和国

Michigan Law Review Online Pub Date : 2018-06-01 DOI: 10.2139/SSRN.3189033

Richard A. Primus

引用次数: 3

Hernandez, Bivens, and the Supreme Court’s Expanding Theory of Judicial Abdication Hernandez, Bivens，和最高法院的司法退位扩展理论

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.119.hernandez

W. Aceves

引用次数: 0

Climate Change Litigation in the Federal Courts: Jurisdictional Lessons from California v. BP 联邦法院的气候变化诉讼:加州诉BP案的司法教训

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.117.climate

Gil Seinfeld

引用次数: 0

The Wolf We Feed: Democracy, Caste, and Legitimacy 《我们喂养的狼:民主、种姓和合法性

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.119.95.wolf

Benjamin Justice, T. Meares

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引用次数: 0

In Defense of (Circuit) Court-Packing 为(巡回)法院打包辩护

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.119.22.defense

Xiao Wang

引用次数: 0

The Messy History of Michigan’s “Purity Clause” 密歇根州“纯度条款”的混乱历史

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.120.24.messy

Joshua Perry

{"title":"The Messy History of Michigan’s “Purity Clause”","authors":"Joshua Perry","doi":"10.36644/mlr.online.120.24.messy","DOIUrl":"https://doi.org/10.36644/mlr.online.120.24.messy","url":null,"abstract":"So it’s worth asking: What does the Purity Clause actually mean? Can contemporary courts properly invoke it to justify restrictions purportedly aimed at controlling “voter fraud”? Should they?\u0000\u0000Part I diagnoses the problem: Recently, Michigan courts have invoked the Purity Clause to legitimize voting rights restrictions without applying their usual tools of constitutional interpretation or scrutinizing the Clause’s complex history. As a result, voting restrictions have been justified by reference to a badly underexamined constitutional provision.\u0000\u0000Part II examines the Clause with the tools that Michigan courts use to interpret the state constitution. This Part argues that neither the original public meaning nor the framers’ intent justifies a narrow reading of the Clause as entirely about laws restricting “voter fraud” in the contemporary, politicized sense of the term. In fact, the Clause seems to have been intended to bar voting not by facially unqualified people but by otherwise qualified voters who were ostensibly infected by the “wrong” motives—and it was likely originally understood as a racial restriction.\u0000\u0000Part III looks at the Clause’s evolution since 1850—in its 1908 and 1963 reenactments and as applied by the courts—and argues that, to the extent the Clause is still relevant, it demands a broader understanding than recent court decisions have allowed. I conclude that the Purity Clause should no longer be applied to counterbalance or outweigh the federal and state constitutions’ guarantee of the right to vote.","PeriodicalId":393000,"journal":{"name":"Michigan Law Review Online","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132739606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Because of Bostock 因为Bostock

Michigan Law Review Online Pub Date : 1900-01-01 DOI: 10.36644/mlr.online.119.61.because

Noelle Wyman

{"title":"Because of Bostock","authors":"Noelle Wyman","doi":"10.36644/mlr.online.119.61.because","DOIUrl":"https://doi.org/10.36644/mlr.online.119.61.because","url":null,"abstract":"On a below-freezing January morning, Jennifer Chavez, an automobile technician, sat in a car that she was repairing to keep warm while waiting for delayed auto parts to arrive. Without intending to, she nodded off. Her employer promptly fired her for sleeping on the job. At least, that is the justification her employer gave. But Chavez had reason to believe that her coming out as transgender motivated the termination. In the months leading up to the January incident, Chavez’s supervisor had told her to “tone things down” when she talked about her gender transition. The repair-shop owner said that the transition made him “nervous” and could “impact his business,” claiming that it had prompted a prospective employee to decline a job offer. The owner had also instructed Chavez not to wear “a dress or miniskirt” or “too feminine attire” to and from work.\u0000\u0000Before coming out as transgender, Chavez was an “excellent employee” with a spotless disciplinary history. After coming out, things changed. The repair-shop management acted on advice from an attorney to begin writing up Chavez for issues “one at a time” with a “focus on work and performance.” The accidental nap may have been exactly the opportunity they needed.","PeriodicalId":393000,"journal":{"name":"Michigan Law Review Online","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126244578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0